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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 certain controlled substance |
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offenses; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.112(e) and (f), Health and Safety |
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Code, are amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 10 years, and a fine not to exceed $100,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, 200 grams or |
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more but less than 400 grams. |
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(f) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 15 years, and a fine not to exceed $250,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, 400 grams or |
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more. |
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SECTION 2. Section 481.1121(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under this section is: |
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(1) a state jail felony if the number of abuse units of |
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the controlled substance is fewer than 20; |
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(2) a felony of the second degree if the number of |
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abuse units of the controlled substance is 20 or more but fewer than |
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80; |
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(3) a felony of the first degree if the number of abuse |
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units of the controlled substance is 80 or more but fewer than |
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4,000; and |
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(4) a felony of the first 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 15 years and a |
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fine not to exceed $250,000, if the number of abuse units of the |
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controlled substance is 4,000 or more. |
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SECTION 3. Sections 481.1123(b), (d), (e), and (f), Health |
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and Safety Code, are amended to read as follows: |
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(b) An offense under Subsection (a) is a [state jail] felony |
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of the third degree if the amount of the controlled substance to |
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which the offense applies is, by aggregate weight, including |
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adulterants or dilutants, less than one gram. |
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(d) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 10 years, and a fine not to exceed $20,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, four grams or |
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more but less than 200 grams. |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 15 years, and a fine not to exceed $200,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, 200 grams or |
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more but less than 400 grams. |
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(f) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 20 years, and a fine not to exceed $500,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, 400 grams or |
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more. |
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SECTION 4. Section 481.113(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 10 years, and a fine not to exceed $100,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including adulterants or dilutants, 400 grams or |
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more. |
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SECTION 5. Section 481.114(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 10 years, and a fine not to exceed $100,000, if the amount |
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of the controlled substance to which the offense applies is, by |
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aggregate weight, including any adulterants or dilutants, 400 grams |
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or more. |
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SECTION 6. Section 481.115(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 10 years, and a fine not to exceed $100,000, if the amount |
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of the controlled substance possessed is, by aggregate weight, |
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including adulterants or dilutants, 400 grams or more. |
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SECTION 7. Section 481.1151(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under this section is: |
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(1) a state jail felony if the number of abuse units of |
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the controlled substance is fewer than 20; |
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(2) a felony of the third degree if the number of abuse |
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units of the controlled substance is 20 or more but fewer than 80; |
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(3) a felony of the second degree if the number of |
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abuse units of the controlled substance is 80 or more but fewer than |
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4,000; |
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(4) a felony of the first degree if the number of abuse |
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units of the controlled substance is 4,000 or more but fewer than |
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8,000; and |
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(5) a felony of the first 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 15 years and a |
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fine not to exceed $250,000, if the number of abuse units of the |
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controlled substance is 8,000 or more. |
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SECTION 8. Section 481.116(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than five years, and a fine not to exceed $50,000, if the |
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amount of the controlled substance possessed is, by aggregate |
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weight, including adulterants or dilutants, 400 grams or more. |
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SECTION 9. Section 481.1161(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under this section is: |
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(1) a Class B misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, two ounces or less; |
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(2) a Class A misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, four ounces or less but more than two |
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ounces; |
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(3) a state jail felony if the amount of the controlled |
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substance possessed is, by aggregate weight, including adulterants |
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or dilutants, five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 2,000 pounds or less but more than 50 |
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pounds; and |
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(6) a felony of the first 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 the controlled |
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substance possessed is, by aggregate weight, including adulterants |
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or dilutants, more than 2,000 pounds. |
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SECTION 10. Section 481.117(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than five years, and a fine not to exceed $50,000, if the |
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amount of the controlled substance possessed is, by aggregate |
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weight, including adulterants or dilutants, 400 grams or more. |
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SECTION 11. Section 481.118(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) An offense under Subsection (a) is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than five years, and a fine not to exceed $50,000, if the |
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amount of the controlled substance possessed is, by aggregate |
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weight, including adulterants or dilutants, 400 grams or more. |
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SECTION 12. 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 B misdemeanor if the amount of marihuana |
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delivered is one-fourth ounce or less and the person committing the |
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offense does not receive remuneration for the marihuana; |
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(2) a Class A misdemeanor if the amount of marihuana |
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delivered is one-fourth ounce or less and the person committing the |
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offense receives remuneration for the marihuana; |
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(3) a state jail felony if the amount of marihuana |
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delivered is five pounds or less but more than one-fourth ounce; |
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(4) a felony of the second degree if the amount of |
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marihuana delivered is 50 pounds or less but more than five pounds; |
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(5) a felony of the first degree if the amount of |
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marihuana delivered is 2,000 pounds or less but more than 50 pounds; |
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and |
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(6) a felony of the first 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 10 years, and a |
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fine not to exceed $100,000, if the amount of marihuana delivered is |
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more than 2,000 pounds. |
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SECTION 13. 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 B misdemeanor if the amount of marihuana |
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possessed is two ounces or less; |
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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) a felony of the first 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 14. 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 a first degree felony [an] |
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offense under this chapter punishable by imprisonment in the Texas |
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Department of Criminal 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)(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)(5). |
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SECTION 15. Section 481.134(c), Health and Safety Code, as |
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amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the |
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87th Legislature, Regular Session, 2021, is reenacted and amended |
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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), 481.1123(b), (c) [481.1123(c)], |
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(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), |
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481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), |
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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)(4), (5), or (6) is increased by five years and the |
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maximum fine for the offense is doubled 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 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; |
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(2) on a school bus; or |
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(3) by any unauthorized person 18 years of age or |
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older, in, on, or within 1,000 feet of premises owned, rented, or |
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leased by a general residential operation operating as a |
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residential treatment center. |
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SECTION 16. Section 71.02(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or disabled |
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individual, solicitation of a minor, forgery, deadly conduct, |
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assault punishable as a Class A misdemeanor, burglary of a motor |
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vehicle, or unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(5-b) unlawful possession with intent to deliver a |
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controlled substance listed in Penalty Group 1-B under Section |
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481.1022, Health and Safety Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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(17) any offense under Section 20.05 or 20.06; |
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(18) any offense under Section 16.02; or |
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(19) any offense classified as a felony under the Tax |
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Code. |
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SECTION 17. The changes in law made by this Act apply 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 18. To the extent of any conflict, this Act prevails |
|
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 19. This Act takes effect September 1, 2023. |