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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the criminal penalties for possession of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(d), Code of Criminal Procedure, is |
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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), (b)(3), or (b-1) |
|
[(b)(1) or (2)] of that section; |
|
(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 2. 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) |
|
[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. |
|
(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[; or |
|
[(3) under Section 481.121(b)(3), Health and Safety |
|
Code, possessed more than one pound of marihuana]. |
|
SECTION 3. Article 45.051, Code of Criminal Procedure, is |
|
amended by adding Subsection (h) to read as follows: |
|
(h) This subsection applies only to a defendant charged with |
|
an offense under Section 481.121, Health and Safety Code, who is |
|
granted a deferral under Subsection (a) of this section. In |
|
addition to any other requirement, the judge shall, during the |
|
deferral period, require that the defendant successfully complete a |
|
drug abuse awareness and education program approved by the Texas |
|
Department of Licensing and Regulation. |
|
SECTION 4. Article 55.01(a), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(a) A person who has been placed under a custodial or |
|
noncustodial arrest for commission of either a felony or |
|
misdemeanor is entitled to have all records and files relating to |
|
the arrest expunged if: |
|
(1) the person is tried for the offense for which the |
|
person was arrested and is: |
|
(A) acquitted by the trial court, except as |
|
provided by Subsection (c); |
|
(B) convicted and subsequently: |
|
(i) pardoned for a reason other than that |
|
described by Subparagraph (ii); or |
|
(ii) pardoned or otherwise granted relief |
|
on the basis of actual innocence with respect to that offense, if |
|
the applicable pardon or court order clearly indicates on its face |
|
that the pardon or order was granted or rendered on the basis of the |
|
person's actual innocence; [or] |
|
(C) convicted of an offense committed before |
|
September 1, 2021, under Section 46.02(a), Penal Code, as that |
|
section existed before that date; or |
|
(D) convicted of an offense committed before |
|
September 1, 2023, under Section 481.121(b)(1), Health and Safety |
|
Code, as that section existed before that date; or |
|
(2) the person has been released and the charge, if |
|
any, has not resulted in a final conviction and is no longer pending |
|
and there was no court-ordered community supervision under Chapter |
|
42A for the offense, unless the offense is a Class C misdemeanor, |
|
provided that: |
|
(A) regardless of whether any statute of |
|
limitations exists for the offense and whether any limitations |
|
period for the offense has expired, an indictment or information |
|
charging the person with the commission of a misdemeanor offense |
|
based on the person's arrest or charging the person with the |
|
commission of any felony offense arising out of the same |
|
transaction for which the person was arrested: |
|
(i) has not been presented against the |
|
person at any time following the arrest, and: |
|
(a) at least 180 days have elapsed |
|
from the date of arrest if the arrest for which the expunction was |
|
sought was for an offense punishable as a Class C misdemeanor and if |
|
there was no felony charge arising out of the same transaction for |
|
which the person was arrested; |
|
(b) at least one year has elapsed from |
|
the date of arrest if the arrest for which the expunction was sought |
|
was for an offense punishable as a Class B or A misdemeanor and if |
|
there was no felony charge arising out of the same transaction for |
|
which the person was arrested; |
|
(c) at least three years have elapsed |
|
from the date of arrest if the arrest for which the expunction was |
|
sought was for an offense punishable as a felony or if there was a |
|
felony charge arising out of the same transaction for which the |
|
person was arrested; or |
|
(d) the attorney representing the |
|
state certifies that the applicable arrest records and files are |
|
not needed for use in any criminal investigation or prosecution, |
|
including an investigation or prosecution of another person; or |
|
(ii) if presented at any time following the |
|
arrest, was dismissed or quashed, and the court finds that the |
|
indictment or information was dismissed or quashed because: |
|
(a) the person completed a veterans |
|
treatment court program created under Chapter 124, Government Code, |
|
or former law, subject to Subsection (a-3); |
|
(b) the person completed a mental |
|
health court program created under Chapter 125, Government Code, or |
|
former law, subject to Subsection (a-4); |
|
(c) the person completed a pretrial |
|
intervention program authorized under Section 76.011, Government |
|
Code, other than a veterans treatment court program created under |
|
Chapter 124, Government Code, or former law, or a mental health |
|
court program created under Chapter 125, Government Code, or former |
|
law; |
|
(d) the presentment had been made |
|
because of mistake, false information, or other similar reason |
|
indicating absence of probable cause at the time of the dismissal to |
|
believe the person committed the offense; or |
|
(e) the indictment or information was |
|
void; or |
|
(B) prosecution of the person for the offense for |
|
which the person was arrested is no longer possible because the |
|
limitations period has expired. |
|
SECTION 5. Section 2(a), Article 55.02, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) A person who is entitled to expunction of records and |
|
files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), |
|
55.01(a)(1)(C), 55.01(a)(1)(D), or 55.01(a)(2) or a person who is |
|
eligible for expunction of records and files under Article 55.01(b) |
|
may file an ex parte petition for expunction in a district court for |
|
the county in which: |
|
(1) the petitioner was arrested; or |
|
(2) the offense was alleged to have occurred. |
|
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 convicted of or placed on deferred |
|
adjudication community supervision 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) or (b-1) |
|
[(b)(1)]; |
|
(C) Section 31.03, Penal Code, if the offense is |
|
punishable under Subsection (e)(1) or (2); or |
|
(D) Section 43.02, Penal Code; and |
|
(2) who, if requested by the applicable law |
|
enforcement agency or prosecuting attorney to provide assistance in |
|
the investigation or prosecution of an offense under Section |
|
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
|
containing elements that are substantially similar to the elements |
|
of an offense under any of those sections: |
|
(A) provided assistance in the investigation or |
|
prosecution of the offense; or |
|
(B) did not provide assistance in the |
|
investigation or prosecution of the offense due to the person's age |
|
or a physical or mental disability resulting from being a victim of |
|
an offense described by this subdivision. |
|
SECTION 7. Section 481.115(h), Health and Safety Code, is |
|
amended to read as follows: |
|
(h) The defense to prosecution provided by Subsection (g) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.1151(b)(1), |
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to the possible |
|
overdose of the actor or another person. |
|
SECTION 8. Section 481.1151(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) The defense to prosecution provided by Subsection (c) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 9. Section 481.116(g), Health and Safety Code, is |
|
amended to read as follows: |
|
(g) The defense to prosecution provided by Subsection (f) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 10. Section 481.1161(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) The defense to prosecution provided by Subsection (c) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 11. Section 481.117(g), Health and Safety Code, is |
|
amended to read as follows: |
|
(g) The defense to prosecution provided by Subsection (f) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 12. Section 481.118(g), Health and Safety Code, is |
|
amended to read as follows: |
|
(g) The defense to prosecution provided by Subsection (f) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an offense under |
|
Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 13. Section 481.119(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) The defense to prosecution provided by Subsection (c) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|
offense under Section 481.125(a), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to |
|
the possible overdose of the actor or another person. |
|
SECTION 14. Section 481.121, Health and Safety Code, is |
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
(b-1) to read as follows: |
|
(b) An offense under Subsection (a) is: |
|
(1) a Class C [B] misdemeanor if the amount of |
|
marihuana possessed is two ounces or less, except as provided by |
|
Subsection (b-1); |
|
(2) a Class B [A] misdemeanor if the amount of |
|
marihuana possessed is four ounces or less but more than two ounces; |
|
(3) a Class A misdemeanor [state jail felony] if the |
|
amount of marihuana possessed is five pounds or less but more than |
|
four ounces; |
|
(4) a state jail felony [of the third degree] if the |
|
amount of marihuana possessed is 50 pounds or less but more than 5 |
|
pounds; |
|
(5) a felony of the third [second] degree if the amount |
|
of marihuana possessed is 2,000 pounds or less but more than 50 |
|
pounds; and |
|
(6) a felony of the second degree [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 5 years, and a |
|
fine not to exceed $50,000,] if the amount of marihuana possessed is |
|
more than 2,000 pounds. |
|
(b-1) An offense under Subsection (b)(1) is a Class B |
|
misdemeanor if it is shown on the trial of the offense that the |
|
defendant has been previously convicted three or more times of an |
|
offense involving the possession of marihuana and each prior |
|
offense was committed within the 24-month period preceding the date |
|
of the commission of the instant offense. For purposes of this |
|
subsection, "offense involving the possession of marihuana" means |
|
an offense under this section or an offense under the laws of |
|
another state that contains elements substantially similar to the |
|
elements of an offense under this section. |
|
(c) It is a defense to prosecution for an offense punishable |
|
under Subsection (b)(1), (b)(2), (b)(3), or (b-1) [(2)] that the |
|
actor: |
|
(1) was the first person to request emergency medical |
|
assistance in response to the possible overdose of another person |
|
and: |
|
(A) made the request for medical assistance |
|
during an ongoing medical emergency; |
|
(B) remained on the scene until the medical |
|
assistance arrived; and |
|
(C) cooperated with medical assistance and law |
|
enforcement personnel; or |
|
(2) was the victim of a possible overdose for which |
|
emergency medical assistance was requested, by the actor or by |
|
another person, during an ongoing medical emergency. |
|
SECTION 15. Section 481.125(h), Health and Safety Code, is |
|
amended to read as follows: |
|
(h) The defense to prosecution provided by Subsection (g) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|
offense under Section 481.119(b), 483.041(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 483 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
483.041(e), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to the possible |
|
overdose of the actor or another person. |
|
SECTION 16. 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) |
|
[481.121(b)(5)]; |
|
(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) [481.121(b)(5)]. |
|
SECTION 17. Section 481.134(c), Health and Safety Code, as |
|
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and 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), 481.1123(c), (d), (e), or (f), |
|
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) |
|
[481.121(b)(4), (5),] or (6) is 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; |
|
(2) on a school bus; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
SECTION 18. Sections 481.134(d), (e), and (f), Health and |
|
Safety Code, are amended to read as follows: |
|
(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) [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; |
|
(2) on a school bus; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
(e) An offense otherwise punishable under Section |
|
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) |
|
[481.121(b)(2)] is a state jail felony 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; |
|
(2) on a school bus; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
(f) An offense otherwise punishable under Section |
|
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2) or (b-1) |
|
[481.121(b)(1)] is a Class A misdemeanor 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; |
|
(2) on a school bus; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
SECTION 19. Section 483.041(f), Health and Safety Code, is |
|
amended to read as follows: |
|
(f) The defense to prosecution provided by Subsection (e) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|
offense under Section 481.119(b), 481.125(a), or 485.031(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 481 or 485; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
481.125(g), or 485.031(c); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to the possible |
|
overdose of the actor or another person. |
|
SECTION 20. Section 485.031(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) The defense to prosecution provided by Subsection (c) is |
|
not available if: |
|
(1) at the time the request for emergency medical |
|
assistance was made: |
|
(A) a peace officer was in the process of |
|
arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [(2)], or an |
|
offense under Section 481.119(b), 481.125(a), or 483.041(a); |
|
(2) the actor has been previously convicted of or |
|
placed on deferred adjudication community supervision for an |
|
offense under this chapter or Chapter 481 or 483; |
|
(3) the actor was acquitted in a previous proceeding |
|
in which the actor successfully established the defense under that |
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
481.125(g), or 483.041(e); or |
|
(4) at any time during the 18-month period preceding |
|
the date of the commission of the instant offense, the actor |
|
requested emergency medical assistance in response to the possible |
|
overdose of the actor or another person. |
|
SECTION 21. 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 22. To the extent of any conflict, this Act prevails |
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 23. This Act takes effect September 1, 2023. |