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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 |
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marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 [B] misdemeanor if the amount of |
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marihuana possessed is two ounces or less; |
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(2) a Class B [A] misdemeanor if the amount of |
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marihuana possessed is four ounces or less but more than two ounces; |
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(3) a Class A misdemeanor [state jail felony] if the |
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amount of marihuana possessed is five pounds or less but more than |
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four ounces; |
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(4) a state jail felony [of the third degree] if the |
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amount of marihuana possessed is 50 pounds or less but more than 5 |
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pounds; |
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(5) a felony of the third [second] degree if the amount |
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of marihuana possessed is 2,000 pounds or less but more than 50 |
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pounds; and |
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(6) a felony of the second degree [punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for a term of not more than 99 years or less than 5 years, and a |
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fine not to exceed $50,000,] if the amount of marihuana possessed is |
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more than 2,000 pounds. |
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SECTION 2. Section 481.126(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) barters property or expends funds the person knows |
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are derived from the commission of an offense under this chapter |
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punishable by imprisonment in the Texas Department of Criminal |
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Justice for life; |
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(2) barters property or expends funds the person knows |
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are derived from the commission of an offense under Section |
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481.121(a) that is punishable under Section 481.121(b)(6) |
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[481.121(b)(5)]; |
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(3) barters property or finances or invests funds the |
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person knows or believes are intended to further the commission of |
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an offense for which the punishment is described by Subdivision |
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(1); or |
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(4) barters property or finances or invests funds the |
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person knows or believes are intended to further the commission of |
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an offense under Section 481.121(a) that is punishable under |
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Section 481.121(b)(6) [481.121(b)(5)]. |
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SECTION 3. Sections 481.134(c), (d), (e), and (f), Health |
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and Safety Code, are amended to read as follows: |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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481.114(c), (d), or (e), 481.115(c), (d), (e), or (f) |
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[481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c), |
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(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), |
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481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or |
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481.121(b)(5) or (6) [481.121(b)(4), (5), or (6)] is increased by |
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five years and the maximum fine for the offense is doubled if it is |
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shown on the trial of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(4) [481.121(b)(3)] is a felony of the third degree if it |
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is shown on the trial 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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(e) An offense otherwise punishable under Section |
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481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) |
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[481.121(b)(2)] is a state jail felony 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) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2) |
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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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SECTION 4. 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)(2) or (3) [(b)(1) or |
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(2)] of 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 5. Articles 42A.551(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by Subsection (b) or (c), |
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on conviction of a state jail felony under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4) |
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[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is |
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punished under Section 12.35(a), Penal Code, the judge shall |
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suspend the imposition of the sentence and place the defendant on |
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community supervision. |
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(c) Subsection (a) does not apply to a defendant who: |
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(1) under Section 481.1151(b)(1), Health and Safety |
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Code, possessed more than five abuse units of the controlled |
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substance; or |
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(2) under Section 481.1161(b)(3), Health and Safety |
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Code, possessed more than one pound, by aggregate weight, including |
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adulterants or dilutants, of the controlled substance[; or |
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[(3) under Section 481.121(b)(3), Health and Safety |
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Code, possessed more than one pound of marihuana]. |
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SECTION 6. 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)(2) [(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 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2021. |