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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 possession of marihuana; |
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changing the eligibility for community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.121(b) and (c), Health and Safety |
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Code, are 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 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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(1-a) a Class B misdemeanor if the amount of marihuana |
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possessed is 10 ounces or less but more than 4 ounces; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is 1 pound or less but more than 10 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 one pound [four |
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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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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1), (1-a), or (2) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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SECTION 2. 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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(5-a) Section 37.10, Penal Code, if the offense is for |
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tampering with a temporary tag issued under Chapter 502 or 503, |
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Transportation Code; |
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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 3. 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 4. 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 |
|
|
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 5. Section 481.115(h), Health and Safety Code, is |
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|
amended to read as follows: |
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(h) The defense to prosecution provided by Subsection (g) is |
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|
not available if: |
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(1) at the time the request for emergency medical |
|
|
assistance was made: |
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(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
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(B) the actor is committing another offense, |
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|
other than an offense punishable under Section 481.1151(b)(1), |
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|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
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481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
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|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
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subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
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overdose of the actor or another person. |
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SECTION 6. Section 481.1151(d), Health and Safety Code, is |
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|
amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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|
not available if: |
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|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
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|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
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(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
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481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
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|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 7. Section 481.116(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 8. Section 481.1161(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 9. Section 481.117(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 10. Section 481.118(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.121(b)(1), (1-a), or (2), or an offense under Section |
|
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 11. Section 481.119(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
|
|
Section 481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 12. Section 481.125(h), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(h) The defense to prosecution provided by Subsection (g) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
|
|
Section 481.119(b), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person. |
|
|
SECTION 13. Section 481.134(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) An offense otherwise punishable under Section |
|
|
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a) |
|
|
[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial |
|
|
of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
SECTION 14. Section 483.041(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) The defense to prosecution provided by Subsection (e) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
|
|
Section 481.119(b), 481.125(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 481 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
481.125(g), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person. |
|
|
SECTION 15. Section 485.031(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
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Section 481.119(b), 481.125(a), or 483.041(a); |
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(2) the actor has been previously convicted of or |
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|
placed on deferred adjudication community supervision for an |
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|
offense under this chapter or Chapter 481 or 483; |
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|
(3) the actor was acquitted in a previous proceeding |
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|
in which the actor successfully established the defense under that |
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|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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|
481.125(g), or 483.041(e); or |
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|
(4) at any time during the 18-month period preceding |
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|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
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|
overdose of the actor or another person. |
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|
SECTION 16. (a) Except as otherwise provided by Subsection |
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(b) of this section, 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 |
|
|
purposes of this subsection, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
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|
(b) Sections 481.121 and 481.134, Health and Safety Code, as |
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|
amended by this Act, apply to an offense committed under Section |
|
|
481.121 or an offense committed under Section 481.121 and |
|
|
punishable under Section 481.134 before, on, or after September 1, |
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|
2025, except that a final conviction for an offense that exists on |
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|
September 1, 2025, is unaffected by this Act. |
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SECTION 17. This Act takes effect September 1, 2025. |