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