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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and penalties for possession of one |
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ounce or less of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of |
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that section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(2) or (3) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 2. Section 411.0728(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person: |
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(1) who is convicted of or placed on deferred |
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adjudication community supervision for an offense under: |
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(A) Section 481.120, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1); |
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(B) Section 481.121, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1-a) [(b)(1)]; |
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(C) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(1) or (2); or |
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(D) Section 43.02, Penal Code; and |
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(2) who, if requested by the applicable law |
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enforcement agency or prosecuting attorney to provide assistance in |
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the investigation or prosecution of an offense under Section |
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20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
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containing elements that are substantially similar to the elements |
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of an offense under any of those sections: |
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(A) provided assistance in the investigation or |
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prosecution of the offense; or |
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(B) did not provide assistance in the |
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investigation or prosecution of the offense due to the person's age |
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or a physical or mental disability resulting from being a victim of |
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an offense described by this subdivision. |
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SECTION 3. Section 481.121(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class C misdemeanor if the amount of marihuana |
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possessed is one ounce or less; |
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(1-a) a Class B misdemeanor if the amount of marihuana |
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possessed is two ounces or less but more than one ounce; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is four ounces or less but more than two ounces; |
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(3) a state jail felony if the amount of marihuana |
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possessed is five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of |
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marihuana possessed is 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of |
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marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
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and |
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(6) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 5 years, and a fine not to exceed $50,000, if the amount |
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of marihuana possessed is more than 2,000 pounds. |
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SECTION 4. Section 481.134, Health and Safety Code, is |
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amended by amending Subsections (f) and (g) and adding Subsection |
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(f-1) to read as follows: |
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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a) |
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[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial |
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of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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(f-1) An offense otherwise punishable under Section |
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481.121(b)(1) is a Class B misdemeanor if it is shown on the trial |
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of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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(g) Subsections (f) and (f-1) do [Subsection (f) does] not |
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apply to an offense if: |
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(1) the offense was committed inside a private |
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residence; and |
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(2) no minor was present in the private residence at |
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the time the offense was committed. |
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SECTION 5. Section 12.43(c), Penal Code, is amended to read |
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as follows: |
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(c) If it is shown on the trial of an offense punishable as a |
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Class C misdemeanor under Section 42.01 or 49.02, or under Section |
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481.121(b)(1), Health and Safety Code, that the defendant has |
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previously been convicted of any [been before convicted under |
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either] of those offenses [sections] three times or three times for |
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any combination of those offenses and each prior offense was |
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committed in the 24 months preceding the date of commission of the |
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instant offense, the defendant shall be punished by: |
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(1) a fine not to exceed $2,000; |
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(2) confinement in jail for a term not to exceed 180 |
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days; or |
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(3) both such fine and confinement. |
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SECTION 6. The amendments of Sections 481.121 and 481.134, |
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Health and Safety Code, by this Act apply to an offense committed |
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under Section 481.121 or an offense committed under Section 481.121 |
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and punishable under Section 481.134, Health and Safety Code, |
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before, on, or after September 1, 2021, except that a final |
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conviction for an offense that exists on September 1, 2021, is |
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unaffected by this Act. |
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SECTION 7. This Act takes effect September 1, 2021. |