Bill Text: TX HB184 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the penalties for possession of one ounce or less of marihuana or a synthetic cannabinoid by certain defendants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB184 Detail]
Download: Texas-2013-HB184-Introduced.html
Bill Title: Relating to the penalties for possession of one ounce or less of marihuana or a synthetic cannabinoid by certain defendants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB184 Detail]
Download: Texas-2013-HB184-Introduced.html
83R867 JSC-D | ||
By: Dutton | H.B. No. 184 |
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relating to the penalties for possession of one ounce or less of | ||
marihuana or a synthetic cannabinoid. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.1161, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (c) and | ||
(d) to read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class C misdemeanor if the amount of controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, one ounce or less, except as provided by Subsection | ||
(c); | ||
(2) a Class B misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, two ounces or less but more than one | ||
ounce; | ||
(3) [ |
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controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, four ounces or less but more than two | ||
ounces; | ||
(4) [ |
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controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, five pounds or less but more than four | ||
ounces; | ||
(5) [ |
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the controlled substance possessed is, by aggregate weight, | ||
including adulterants or dilutants, 50 pounds or less but more than | ||
5 pounds; | ||
(6) [ |
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of the controlled substance possessed is, by aggregate weight, | ||
including adulterants or dilutants, 2,000 pounds or less but more | ||
than 50 pounds; and | ||
(7) [ |
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Department of Criminal Justice for life or for a term of not more | ||
than 99 years or less than 5 years, and a fine not to exceed $50,000, | ||
if the amount of the controlled substance possessed is, by | ||
aggregate weight, including adulterants or dilutants, more than | ||
2,000 pounds. | ||
(c) An offense under Subsection (b)(1) is a Class B | ||
misdemeanor if it is shown on the trial of the offense that the | ||
defendant has been previously convicted three or more times of an | ||
offense involving the possession of marihuana or a synthetic | ||
cannabinoid and each prior offense was committed within the | ||
24-month period preceding the date of the commission of the instant | ||
offense. For purposes of this subsection, "offense involving the | ||
possession of marihuana or a synthetic cannabinoid" means an | ||
offense under this section or Section 481.121 or an offense under | ||
the laws of another state that contains elements substantially | ||
similar to the elements of an offense under either of those | ||
sections. | ||
(d) A defendant convicted of an offense punishable under | ||
Subsection (c) is not eligible for community supervision under | ||
Article 42.12, Code of Criminal Procedure. | ||
SECTION 2. Section 481.121, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (c) and | ||
(d) to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class C misdemeanor if the amount of marihuana | ||
possessed is one ounce or less, except as provided by Subsection | ||
(c); | ||
(2) a Class B misdemeanor if the amount of marihuana | ||
possessed is two ounces or less but more than one ounce; | ||
(3) [ |
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marihuana possessed is four ounces or less but more than two ounces; | ||
(4) [ |
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marihuana possessed is five pounds or less but more than four | ||
ounces; | ||
(5) [ |
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marihuana possessed is 50 pounds or less but more than 5 pounds; | ||
(6) [ |
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of marihuana possessed is 2,000 pounds or less but more than 50 | ||
pounds; and | ||
(7) [ |
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Department of Criminal Justice for life or for a term of not more | ||
than 99 years or less than 5 years, and a fine not to exceed $50,000, | ||
if the amount of marihuana possessed is more than 2,000 pounds. | ||
(c) An offense under Subsection (b)(1) is a Class B | ||
misdemeanor if it is shown on the trial of the offense that the | ||
defendant has been previously convicted three or more times of an | ||
offense involving the possession of marihuana or a synthetic | ||
cannabinoid and each prior offense was committed within the | ||
24-month period preceding the date of the commission of the instant | ||
offense. For purposes of this subsection, "offense involving the | ||
possession of marihuana or a synthetic cannabinoid" means an | ||
offense under this section or Section 481.1161 or an offense under | ||
the laws of another state that contains elements substantially | ||
similar to the elements of an offense under either of those | ||
sections. | ||
(d) A defendant convicted of an offense punishable under | ||
Subsection (c) is not eligible for community supervision under | ||
Article 42.12, Code of Criminal Procedure. | ||
SECTION 3. Section 481.126(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) barters property or expends funds the person knows | ||
are derived from the commission of an offense under this chapter | ||
punishable by imprisonment in the Texas Department of Criminal | ||
Justice for life; | ||
(2) barters property or expends funds the person knows | ||
are derived from the commission of an offense under Section | ||
481.121(a) that is punishable under Section 481.121(b)(6) | ||
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(3) barters property or finances or invests funds the | ||
person knows or believes are intended to further the commission of | ||
an offense for which the punishment is described by Subdivision | ||
(1); or | ||
(4) barters property or finances or invests funds the | ||
person knows or believes are intended to further the commission of | ||
an offense under Section 481.121(a) that is punishable under | ||
Section 481.121(b)(6) [ |
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SECTION 4. Sections 481.134(c), (d), (e), and (f), Health | ||
and Safety Code, are amended to read as follows: | ||
(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), | ||
481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(5), (6), or | ||
(7) [ |
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481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or | ||
481.121(b)(5), (6), or (7) [ |
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increased by five years and the maximum fine for the offense is | ||
doubled if it is shown on the trial of the offense that the offense | ||
was committed: | ||
(1) in, on, or within 1,000 feet of the premises of a | ||
school, the premises of a public or private youth center, or a | ||
playground; or | ||
(2) on a school bus. | ||
(d) An offense otherwise punishable under Section | ||
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), | ||
481.1161(b)(4) [ |
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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; or | ||
(2) on a school bus. | ||
(e) An offense otherwise punishable under Section | ||
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) | ||
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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; or | ||
(2) on a school bus. | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2), | ||
or (c) 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; or | ||
(2) on a school bus. | ||
SECTION 5. Article 14.06(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) Subsection (c) applies only to a person charged with | ||
committing an offense under: | ||
(1) Section 481.121, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(2), (b)(3), or (c) | ||
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(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(2), (b)(3), or (c) | ||
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(2) Section 28.03, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) of that section; | ||
(3) Section 28.08, Penal Code, if the offense is | ||
punishable under Subsection (b)(1) of that section; | ||
(4) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(2)(A) of that section; | ||
(5) Section 31.04, Penal Code, if the offense is | ||
punishable under Subsection (e)(2) of that section; | ||
(6) Section 38.114, Penal Code, if the offense is | ||
punishable as a Class B misdemeanor; or | ||
(7) Section 521.457, Transportation Code. | ||
SECTION 6. Section 15(a)(1), Article 42.12, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(1) On conviction of a state jail felony under Section | ||
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(4) | ||
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481.129(g)(1), Health and Safety Code, that is punished under | ||
Section 12.35(a), Penal Code, the judge shall suspend the | ||
imposition of the sentence and place the defendant on community | ||
supervision, unless the defendant has previously been convicted of | ||
a felony, other than a felony punished under Section 12.44(a), | ||
Penal Code, or unless the conviction resulted from an adjudication | ||
of the guilt of a defendant previously placed on deferred | ||
adjudication community supervision for the offense, in which event | ||
the judge may suspend the imposition of the sentence and place the | ||
defendant on community supervision or may order the sentence to be | ||
executed. The provisions of this subdivision requiring the judge | ||
to suspend the imposition of the sentence and place the defendant on | ||
community supervision do not apply to a defendant who: | ||
(A) under Section 481.1151(b)(1), Health and | ||
Safety Code, possessed more than five abuse units of the controlled | ||
substance; | ||
(B) under Section 481.1161(b)(4) | ||
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pound, by aggregate weight, including adulterants or dilutants, of | ||
the controlled substance; or | ||
(C) under Section 481.121(b)(4) [ |
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Health and Safety Code, possessed more than one pound of marihuana. | ||
SECTION 7. Article 45.051, Code of Criminal Procedure, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) This subsection applies only to a defendant charged with | ||
an offense under Section 481.1161 or 481.121, Health and Safety | ||
Code, who is granted a deferral under Subsection (a). In addition | ||
to any other requirement, the judge shall, during the deferral | ||
period, require that the defendant successfully complete a drug | ||
abuse awareness and education program approved by the Department of | ||
State Health Services. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is covered | ||
by the law in effect when the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense was committed before that date. | ||
SECTION 9. This Act takes effect September 1, 2013. |