Bill Text: TX HB184 | 2013-2014 | 83rd Legislature | Comm Sub

Texas House Bill 184 (Prior Session Legislation)

Bill Title: Relating to the penalties for possession of one ounce or less of marihuana or a synthetic cannabinoid by certain defendants.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB184 Detail]

Download: Texas-2013-HB184-Comm_Sub.html

	83R22256 JSC-D

	By: Dutton, Burnam, et al.	H.B. No. 184

	Substitute the following for H.B. No. 184:

	By: Herrero	C.S.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 by certain defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter D, Chapter 481, Health and Safety
	Code, is amended by adding Section 481.109 to read as follows:
	Sec. 481.109. REDUCTION OF PUNISHMENT FOR CERTAIN YOUTHFUL
	DEFENDANTS. (a) A court shall punish a defendant who is convicted
	of a Class B misdemeanor under Section 481.1161 or 481.121 by
	imposing the punishment for a Class C misdemeanor if:
	(1) the defendant was younger than 21 years of age at
	the time of the commission of the offense;
	(2) the amount of controlled substance or marihuana,
	as appropriate, possessed by the defendant was, by aggregate
	weight, including adulterants or dilutants, one ounce or less;
	(3) the defendant has not been previously convicted of
	an offense under Section 481.1161 or 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; and
	(4) the defendant agrees to complete a drug abuse
	awareness and education program approved by the Department of State
	Health Services.
	(b) Except as provided by Subsection (c), for purposes of
	this chapter and other law, a defendant punished under this section
	is considered to be convicted of a Class C misdemeanor, and the
	conviction may not be used for purposes of enhancement.
	(c) The court in which a defendant is punished under this
	section retains jurisdiction for 180 days for the limited purpose
	of determining whether the defendant has completed a drug abuse
	awareness and education program described by Subsection (a)(4). On
	a determination by the court that the defendant will not complete
	the program in a timely fashion, the court shall impose the
	punishment otherwise provided by Section 481.1161 or 481.121.
	SECTION 2. 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 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 3. This Act takes effect September 1, 2013.