Bill Text: TX HB1206 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the prosecution of and penalties for possession of marihuana.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB1206 Detail]
Download: Texas-2019-HB1206-Comm_Sub.html
86R7420 JSC-F | ||
By: Cole, Allen, Thierry, Rodriguez, Guillen, | H.B. No. 1206 | |
et al. |
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relating to the prosecution of and penalties for possession of | ||
marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.121(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class C [ |
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marihuana possessed is two ounces or less; | ||
(2) a Class B [ |
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marihuana possessed is four ounces or less but more than two ounces; | ||
(3) a Class A misdemeanor [ |
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amount of marihuana possessed is five pounds or less but more than | ||
four ounces; | ||
(4) a state jail felony [ |
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amount of marihuana possessed is 50 pounds or less but more than 5 | ||
pounds; | ||
(5) a felony of the third [ |
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of marihuana possessed is 2,000 pounds or less but more than 50 | ||
pounds; and | ||
(6) a felony of the second degree [ |
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more than 2,000 pounds. | ||
SECTION 2. 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 3. 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), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), | ||
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), | ||
or (5), 481.116(c), (d), or (e), 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) or (6) [ |
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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), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or | ||
481.121(b)(4) [ |
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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) | ||
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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)(2) | ||
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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. | ||
SECTION 4. 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) or (3) [ |
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(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (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)(2) or (3) 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 5. Articles 42A.551(a) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Except as otherwise provided by Subsection (b) or (c), | ||
on conviction of a state jail felony under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4) | ||
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punished under Section 12.35(a), Penal Code, the judge shall | ||
suspend the imposition of the sentence and place the defendant on | ||
community supervision. | ||
(c) Subsection (a) does not apply to a defendant who: | ||
(1) under Section 481.1151(b)(1), Health and Safety | ||
Code, possessed more than five abuse units of the controlled | ||
substance; or | ||
(2) 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[ |
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SECTION 6. Section 411.0728(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies only to a person: | ||
(1) who is placed on community supervision under | ||
Chapter 42A, Code of Criminal Procedure, after conviction for an | ||
offense under: | ||
(A) Section 481.120, Health and Safety Code, if | ||
the offense is punishable under Subsection (b)(1); | ||
(B) Section 481.121, Health and Safety Code, if | ||
the offense is punishable under Subsection (b)(2) [ |
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(C) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(1) or (2); | ||
(D) Section 43.02, Penal Code; or | ||
(E) Section 43.03(a)(2), Penal Code, if the | ||
offense is punishable as a Class A misdemeanor; and | ||
(2) with respect to whom the conviction is | ||
subsequently set aside by the court under Article 42A.701, Code of | ||
Criminal Procedure. | ||
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, 2019. |