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A BILL TO BE ENTITLED
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AN ACT
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relating to the mandatory placement on deferred adjudication |
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community supervision of certain defendants charged with |
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possession of certain substances listed in Penalty Group 2 under |
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the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.1025 to read as |
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follows: |
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Art. 42A.1025. MANDATORY PLACEMENT ON DEFERRED |
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ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRUG POSSESSION |
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OFFENSES. (a) This article applies to an offense under Section |
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481.116, Health and Safety Code, if the controlled substance |
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possessed was a tetrahydrocannabinol, other than marihuana, or |
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synthetic equivalents of the substances contained in the plant, or |
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in the resinous extractives of Cannabis, or synthetic substances, |
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derivatives, or their isomers with similar chemical structure and |
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pharmacological activity. |
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(b) A judge shall place a defendant charged with an offense |
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described by Subsection (a) on deferred adjudication community |
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supervision unless the defendant is otherwise ineligible for |
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deferred adjudication community supervision under Article |
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42A.102(b). |
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SECTION 2. 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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |