Bill Text: TX HB2045 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the penalty for the manufacture, delivery, or possession of certain small amounts of Penalty Group 1 controlled substances.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-03-05 - Referred to Criminal Jurisprudence [HB2045 Detail]

Download: Texas-2013-HB2045-Introduced.html

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83R7752 GCB-D
By: Turner of Harris H.B. No. 2045

A BILL TO BE ENTITLED
AN ACT
relating to the penalty for the manufacture, delivery, or
possession of certain small amounts of Penalty Group 1 controlled
substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.112(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class C misdemeanor
[state jail felony] if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
SECTION 2. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class C misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 3. Sections 481.134(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section [481.112,] 481.113, 481.114, or 481.120 is punishable
as a felony of the third degree, and an offense otherwise punishable
as a felony of the second degree under any of those sections or
under Section 481.112 is punishable as a felony of the first degree,
if it is shown at the punishment phase of the trial of the offense
that the offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility.
(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)(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 4. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(a)(1) 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)(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)(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 5. Section 15(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A judge may impose as a condition of community
supervision that a defendant submit at the beginning of the period
of community supervision to a term of confinement in a state jail
felony facility for a term of not less than 90 days or more than 180
days, or a term of not less than 90 days or more than one year if the
defendant is convicted of an offense punishable as a state jail
felony under Section [481.112,] 481.1121, 481.113, or 481.120,
Health and Safety Code. A judge may not require a defendant to
submit to both the term of confinement authorized by this
subsection and a term of confinement under Section 5 or 12 of this
article. For the purposes of this subsection, a defendant
previously has been convicted of a felony regardless of whether the
sentence for the previous conviction was actually imposed or was
probated and suspended.
SECTION 6. 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 7. This Act takes effect September 1, 2013.