Bill Text: TX HB403 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-08 - Left pending in committee [HB403 Detail]

Download: Texas-2015-HB403-Introduced.html
  84R2785 JSC-D
 
  By: Dutton H.B. No. 403
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the penalty for certain offenders for possession of a
  small amount of certain controlled substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.115, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (b-1), an [An] offense
  under Subsection (a) is a Class A misdemeanor with a minimum term of
  confinement of 180 days [state jail felony] if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, less than one gram.
         (b-1)  An offense punishable under Subsection (b) is a state
  jail felony if the person has been previously convicted of an
  offense under this section or Section 481.1151, 481.116, 481.1161,
  481.117, 481.118, or 481.121.
         SECTION 2.  Section 481.1151, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  An offense under this section is:
               (1)  a Class A misdemeanor with a minimum term of
  confinement of 180 days [state jail felony] if the number of abuse
  units of the controlled substance is fewer than 20, except as
  provided by Subsection (c);
               (2)  a felony of the third degree if the number of abuse
  units of the controlled substance is 20 or more but fewer than 80;
               (3)  a felony of the second degree if the number of
  abuse units of the controlled substance is 80 or more but fewer than
  4,000;
               (4)  a felony of the first degree if the number of abuse
  units of the controlled substance is 4,000 or more but fewer than
  8,000; and
               (5)  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 15 years and a fine not to exceed $250,000, if the
  number of abuse units of the controlled substance is 8,000 or more.
         (c)  An offense punishable under Subsection (b)(1) is a state
  jail felony if the person has been previously convicted of an
  offense under this section or Section 481.115, 481.116, 481.1161,
  481.117, 481.118, or 481.121.
         SECTION 3.  Section 481.116, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (b-1), an [An] offense
  under Subsection (a) is a Class A misdemeanor with a minimum term of
  confinement of 180 days [state jail felony] if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, less than one gram.
         (b-1)  An offense punishable under Subsection (b) is a state
  jail felony if the person has been previously convicted of an
  offense under this section or Section 481.115, 481.1151, 481.1161,
  481.117, 481.118, or 481.121.
         SECTION 4.  Section 481.134(d), Health and Safety Code, is
  amended to read as follows:
         (d)  An offense otherwise punishable under Section
  481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)],
  481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.120(b)(3), or
  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.
         SECTION 5.  Section 11, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (n) to read as follows:
         (n)  A judge who grants community supervision to a person
  convicted of a Class A misdemeanor under Section 481.115(b),
  481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety
  Code, shall require, as a condition of community supervision, that
  the person successfully complete an educational program on
  substance abuse awareness approved by the Department of State
  Health Services.
         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-1) [481.115(b)], 481.1151(c) [481.1151(b)(1)],
  481.116(b-1) [481.116(b)], 481.1161(b)(3), 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(c) [481.1151(b)(1)],
  Health and Safety Code, possessed more than five abuse units of the
  controlled substance;
                     (B)  under Section 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)(3), Health and
  Safety Code, possessed more than one pound of marihuana.
         SECTION 7.  The change in law made by this Act applies 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
  governed by the law in effect on the date 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 8.  This Act takes effect September 1, 2015.
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