Bill Text: TX HB2940 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to citations and participation in pretrial diversion for misdemeanor possession of marihuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Criminal Jurisprudence [HB2940 Detail]
Download: Texas-2017-HB2940-Introduced.html
85R12615 GCB-D | ||
By: Dutton | H.B. No. 2940 |
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relating to citations and participation in pretrial diversion for | ||
misdemeanor possession of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 14.06, Code of Criminal Procedure, is | ||
amended by amending Subsection (d) and adding Subsections (e) and | ||
(f) to read as follows: | ||
(d) Subsection (c) applies only to a person charged with | ||
committing an offense under: | ||
(1) [ |
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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. | ||
(e) A peace officer who is charging a person with committing | ||
an offense under Section 481.121, Health and Safety Code, that is | ||
punishable under Subsection (b)(1) or (2) of that section shall, | ||
instead of taking the person before a magistrate, issue a citation | ||
to the person that contains written notice of the time and place the | ||
person must appear before a magistrate of this state as described by | ||
Subsection (a), the name and address of the person charged, and the | ||
offense charged. The time for appearance may not be before the | ||
seventh day after the issuance of the citation. | ||
(f) A citation issued under Subsection (e) must contain in | ||
addition to the information required by Subsection (e) a written | ||
statement notifying the person that if the person contacts the | ||
magistrate in person or by telephone not later than 72 hours after | ||
the issuance of the citation, the person is entitled to participate | ||
in a substance abuse prevention course and on completion of the | ||
course is entitled to dismissal of the charge. | ||
SECTION 2. Chapter 32, Code of Criminal Procedure, is | ||
amended by adding Article 32.03 to read as follows: | ||
Art. 32.03. DISMISSAL FOR MISDEMEANOR MARIHUANA | ||
POSSESSION. (a) A person who receives a citation under Article | ||
14.06(e) and contacts the magistrate named in the citation within | ||
the period described by Subsection (f) of that article is entitled | ||
to a dismissal of the charge if the person provides to the | ||
magistrate not later than the 30th day after the issuance of the | ||
citation proof of completion of a substance abuse prevention course | ||
described by Subsection (b). | ||
(b) The Texas Department of Licensing and Regulation shall | ||
create a list of providers in each county in this state who provide | ||
a substance abuse prevention course that is appropriate for the | ||
purposes of this article. The department shall also create a list | ||
of Internet providers who provide appropriate courses. A course | ||
may be listed by the department only if the course does not exceed | ||
four hours in length. | ||
SECTION 3. 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 occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2017. |