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.

Status: (Introduced) 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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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) [(2)]  a Class A misdemeanor if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, four ounces or less but more than two
  ounces;
               (4) [(3)]  a state jail felony if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, five pounds or less but more than four
  ounces;
               (5) [(4)]  a felony of the third degree if the amount of
  the controlled substance possessed is, by aggregate weight,
  including adulterants or dilutants, 50 pounds or less but more than
  5 pounds;
               (6) [(5)]  a felony of the second degree if the amount
  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) [(6)]  punishable by imprisonment in the Texas
  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) [(2)]  a Class A misdemeanor if the amount of
  marihuana possessed is four ounces or less but more than two ounces;
               (4) [(3)]  a state jail felony if the amount of
  marihuana possessed is five pounds or less but more than four
  ounces;
               (5) [(4)]  a felony of the third degree if the amount of
  marihuana possessed is 50 pounds or less but more than 5 pounds;
               (6) [(5)]  a felony of the second degree if the amount
  of marihuana possessed is 2,000 pounds or less but more than 50
  pounds; and
               (7) [(6)]  punishable by imprisonment in the Texas
  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)
  [481.121(b)(5)];
               (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) [481.121(b)(5)].
         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) [481.1161(b)(4), (5), or (6)], 481.117(c), (d), or (e),
  481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
  481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or (6)] is
  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) [481.1161(b)(3)], 481.120(b)(3), or 481.121(b)(4)
  [481.121(b)(3)] is a felony of the third degree 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.
         (e)  An offense otherwise punishable under Section
  481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
  [481.121(b)(2)] is a state jail felony 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.
         (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)
  [(b)(1) or (2)] of that section;
               (1-a)  Section 481.1161, Health and Safety Code, if the
  offense is punishable under Subsection (b)(2), (b)(3), or (c)
  [(b)(1) or (2)] of that section;
               (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)
  [481.1161(b)(3)], 481.121(b)(4) [481.121(b)(3)], or
  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)
  [481.1161(b)(3)], Health and Safety Code, possessed more than one
  pound, by aggregate weight, including adulterants or dilutants, of
  the controlled substance; or
                     (C)  under Section 481.121(b)(4) [481.121(b)(3)],
  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.
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