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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalties for delivery and possession of |
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marihuana and citations given for those offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.120(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 delivered is one-fourth ounce or less and the person |
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committing the offense does not receive remuneration for the |
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marihuana; |
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(1-a) [(2)] a Class B [A] misdemeanor if the amount of |
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marihuana delivered is one-fourth ounce or less and the person |
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committing the offense receives remuneration for the marihuana; |
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(2) [(3)] a Class A misdemeanor [state jail felony] if |
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the amount of marihuana delivered is five pounds or less but more |
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than one-fourth ounce; |
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(3) [(4)] a state jail felony [of the second degree] |
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if the amount of marihuana delivered is 50 pounds or less but more |
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than five pounds; |
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(4) [(5)] a felony of the second [first] degree if the |
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amount of marihuana delivered is 2,000 pounds or less but more than |
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50 pounds; and |
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(5) a felony of the first degree [(6) 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 10 years, and a |
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fine not to exceed $100,000,] if the amount of marihuana delivered |
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is more than 2,000 pounds. |
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SECTION 2. Section 481.121, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) |
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Except as authorized by this chapter, a person commits an offense if |
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the person knowingly or intentionally possesses a usable quantity |
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of more than one ounce of marihuana. |
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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 but more than one ounce; |
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(1-a) [(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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(2) [(3)] a Class A misdemeanor [state jail felony] if |
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the amount of marihuana possessed is five pounds or less but more |
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than four ounces; |
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(3) [(4)] a state jail felony [of the third degree] if |
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the amount of marihuana possessed is 50 pounds or less but more than |
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5 pounds; |
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(4) [(5)] a felony of the third [second] degree if the |
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amount of marihuana possessed is 2,000 pounds or less but more than |
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50 pounds; and |
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(5) a felony of the second degree [(6) 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 3. Sections 481.134(c) and (f), Health and Safety |
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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) or [,] (5), [or (6),] or |
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481.121(b)(4) or [,] (5)[, or (6)] is increased by five years and |
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the maximum fine for the offense is doubled if it is shown on the |
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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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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1-a) [481.120(b)(1)], or |
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481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor 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 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 14.01, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), a peace officer |
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or any other person may not, without a warrant, arrest an offender |
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for a misdemeanor punishable by fine only under Section |
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418.120(b)(1) or 481.121(b)(1), Health and Safety Code. |
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SECTION 5. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding Subsection (a), (d), or (g), a peace |
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officer may not, without a warrant, arrest a person who only commits |
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an offense punishable by fine only under Section 481.120(b)(1) or |
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481.121(b)(1), Health and Safety Code. |
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SECTION 6. Article 14.06, Code of Criminal Procedure, is |
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amended by adding Subsections (b-1) and (b-2) and amending |
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Subsection (d) to read as follows: |
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(b-1) A peace officer who is charging a person with |
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committing an offense under Section 481.120(b)(1) or |
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481.121(b)(1), Health and Safety Code, may not arrest the person |
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and shall issue the person a citation as provided by Subsection (b). |
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(b-2) Subsection (b-1) does not apply to an officer making |
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an arrest for an offense other than an offense under Section |
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481.120(b)(1) or 481.121(b)(1), Health and Safety Code. |
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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 7. Article 42A.551(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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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 8. 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-a) [(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 9. Articles 14.01, 14.03, and 14.06, Code of |
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Criminal Procedure, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 10. Sections 481.120, 481.121, and 481.134, Health |
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and Safety Code, as amended by this Act, apply to an offense |
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committed under Section 481.120 or 481.121, or an offense committed |
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under Section 481.120 or 481.121 and punishable under Section |
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481.134, 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 11. This Act takes effect September 1, 2021. |