Bill Text: TX HB334 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-09 - Left pending in committee [HB334 Detail]
Download: Texas-2017-HB334-Introduced.html
| 85S10886 LHC-D | ||
| By: Moody | H.B. No. 334 | |
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| relating to the civil and criminal penalties for possession of | ||
| certain small amounts of marihuana and an exception to prosecution | ||
| for possession of associated drug paraphernalia; creating a | ||
| criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.121(b), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (b) An offense under Subsection (a) is: | ||
| (1) a Class B misdemeanor if the amount of marihuana | ||
| possessed is two ounces or less but more than one ounce; | ||
| (2) a Class A misdemeanor if the amount of marihuana | ||
| possessed is four ounces or less but more than two ounces; | ||
| (3) a state jail felony if the amount of marihuana | ||
| possessed is five pounds or less but more than four ounces; | ||
| (4) a 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 second degree if the amount of | ||
| marihuana possessed is 2,000 pounds or less but more than 50 pounds; | ||
| and | ||
| (6) 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. | ||
| SECTION 2. Subchapter D, Chapter 481, Health and Safety | ||
| Code, is amended by adding Sections 481.1211 and 481.1212 to read as | ||
| follows: | ||
| Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF | ||
| MARIHUANA. (a) Notwithstanding Section 481.121 and except as | ||
| otherwise provided by Section 481.1212, a person who knowingly or | ||
| intentionally possesses a usable quantity of marihuana in an amount | ||
| that is one ounce or less does not commit an offense but is liable to | ||
| the state for a civil penalty not to exceed $250. | ||
| (b) The imposition of a civil penalty under this section is | ||
| not a conviction and may not be considered a conviction for any | ||
| purpose. | ||
| Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL | ||
| AMOUNT OF MARIHUANA. (a) A person commits an offense if the person: | ||
| (1) knowingly or intentionally possesses a usable | ||
| quantity of marihuana in an amount that is one ounce or less; and | ||
| (2) has previously been assessed a civil penalty three | ||
| times under Section 481.1211. | ||
| (b) An offense under this section is a Class C misdemeanor. | ||
| SECTION 3. Section 481.125, Health and Safety Code, is | ||
| amended by adding Subsection (g) to read as follows: | ||
| (g) It is a defense to prosecution under this section that | ||
| drug paraphernalia was knowingly or intentionally used, possessed, | ||
| or delivered solely in furtherance of a violation of Section | ||
| 481.1211 or an offense under Section 481.1212. | ||
| SECTION 4. Subchapter B, Chapter 45, Code of Criminal | ||
| Procedure, is amended by adding Article 45.062 to read as follows: | ||
| Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION | ||
| VIOLATIONS AND OFFENSES. (a) A peace officer may not make an | ||
| arrest solely because of a violation of Section 481.1211, Health | ||
| and Safety Code, regardless of whether the person may be subject to | ||
| prosecution under Section 481.1212 of that code. A peace officer | ||
| may issue to a person a citation that contains written notice of the | ||
| time and place the person must appear before a justice court, the | ||
| name and address of the person charged, and the violation charged. | ||
| The citation must notify the person that the person may be subject | ||
| to prosecution for a Class C misdemeanor under Section 481.1212, | ||
| Health and Safety Code, if the person has previously been assessed a | ||
| civil penalty three times under Section 481.1211, Health and Safety | ||
| Code. | ||
| (b) The district or county attorney of the county in which | ||
| the conduct described by Section 481.1211, Health and Safety Code, | ||
| is alleged to have occurred may: | ||
| (1) bring an action in the justice court of the county | ||
| to collect the civil penalty of a person who receives a citation | ||
| under this section; or | ||
| (2) charge the person with an offense under Section | ||
| 481.1212, Health and Safety Code, if the person has previously been | ||
| assessed a civil penalty three times under Section 481.1211 of that | ||
| code. | ||
| (c) Except as otherwise provided by this article, a civil | ||
| action under this article for a violation of Section 481.1211, | ||
| Health and Safety Code, shall be conducted in the manner provided by | ||
| this chapter as if an offense were charged. | ||
| (d) The court may not: | ||
| (1) issue an arrest warrant under Article 45.014 for a | ||
| violation of Section 481.1211, Health and Safety Code, or an | ||
| offense under Section 481.1212 of that code; or | ||
| (2) require the person who violates Section 481.1211, | ||
| Health and Safety Code, or commits an offense under Section | ||
| 481.1212 of that code, to give bail under Article 45.016. | ||
| (e) A citation issued under this article is considered to be | ||
| a sufficient complaint for purposes of Articles 45.018 and 45.019 | ||
| if the citation is filed with the court by a district or county | ||
| attorney. | ||
| (f) A person liable for a civil penalty under Section | ||
| 481.1211, Health and Safety Code, may not appeal under Article | ||
| 45.042. | ||
| (g) Before imposing a civil penalty under Section 481.1211, | ||
| Health and Safety Code, the court shall determine whether the | ||
| person subject to the penalty is indigent. If the court determines | ||
| the person is indigent, the court shall waive the penalty and may | ||
| order the person to complete not more than 10 hours of community | ||
| service. | ||
| (h) Subsections (n), (p), and (q) apply to a person for whom | ||
| a court waives a penalty under Subsection (g). | ||
| (i) The court may waive or reduce the civil penalty for a | ||
| person other than a person described by Subsection (g) if: | ||
| (1) the person subject to a civil penalty under | ||
| Section 481.1211, Health and Safety Code, attends a program that | ||
| provides education in substance abuse and is approved by the | ||
| Department of State Health Services, the Texas Department of | ||
| Licensing and Regulation, or the Texas Department of Public Safety; | ||
| or | ||
| (2) the person performs not more than 10 hours of | ||
| community service, as ordered by the court. | ||
| (j) If during a proceeding for a violation of Section | ||
| 481.1211, Health and Safety Code, the court finds that the person | ||
| has previously been assessed a civil penalty under that section one | ||
| or two times, the court shall, in addition to assessing a civil | ||
| penalty, order the person to attend a program that provides | ||
| education in substance abuse and is approved by the Department of | ||
| State Health Services, the Texas Department of Licensing and | ||
| Regulation, or the Texas Department of Public Safety. | ||
| (k) If during a proceeding for a violation of Section | ||
| 481.1211, Health and Safety Code, the court finds that the person | ||
| has previously been assessed a civil penalty under that section | ||
| three times, the court shall suspend the proceedings and notify the | ||
| appropriate prosecuting attorney so that the person may be charged | ||
| with an offense under Section 481.1212, Health and Safety Code. | ||
| (l) On a plea of guilty or nolo contendere for an offense | ||
| under Section 481.1212, Health and Safety Code, by a defendant and | ||
| payment of all court costs, the judge shall defer further | ||
| proceedings without entering an adjudication of guilt and place the | ||
| defendant on probation under the provisions of Article 45.051. | ||
| (m) The court may issue a capias for the arrest of a person | ||
| who fails to appear or to make payment, as directed by a citation | ||
| issued under this section. | ||
| (n) Law enforcement may seize any marihuana in possession of | ||
| a person subject to a civil penalty under Section 481.1211, Health | ||
| and Safety Code, or subject to prosecution under Section 481.1212 | ||
| of that code. If marihuana is seized under this article in | ||
| connection with a violation of Section 481.1211, Health and Safety | ||
| Code, law enforcement shall preserve the marihuana as if the | ||
| marihuana were evidence of an offense under Section 481.1212, | ||
| Health and Safety Code, pending the final resolution of a civil | ||
| proceeding under this article. After final resolution of a civil | ||
| proceeding under this article, any marihuana seized is subject to | ||
| forfeiture and shall be disposed of in accordance with Section | ||
| 481.159, Health and Safety Code. | ||
| (o) This article does not affect the authority of a peace | ||
| officer to conduct a search or seize marihuana or other property as | ||
| contraband under Chapter 18 or 59 or other law. | ||
| (p) The identity of a person cited for a violation of | ||
| Section 481.1211, Health and Safety Code, is confidential | ||
| information and may not be disclosed to the public unless the person | ||
| is charged with an offense under Section 481.1212, Health and | ||
| Safety Code, in connection with that citation. | ||
| (q) The identity of a person found liable for a civil | ||
| penalty under Section 481.1211, Health and Safety Code, is | ||
| confidential information and may not be disclosed to the public. | ||
| SECTION 5. Section 51.03(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) Delinquent conduct is: | ||
| (1) conduct, other than a traffic offense, that | ||
| violates a penal law of this state or of the United States | ||
| punishable by imprisonment or by confinement in jail; | ||
| (2) conduct that violates a lawful order of a court | ||
| under circumstances that would constitute contempt of that court | ||
| in: | ||
| (A) a justice or municipal court; | ||
| (B) a county court for conduct punishable only by | ||
| a fine; or | ||
| (C) a truancy court; | ||
| (3) conduct that violates Section 49.04, 49.05, 49.06, | ||
| 49.07, or 49.08, Penal Code; [ |
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| (4) conduct that violates Section 106.041, Alcoholic | ||
| Beverage Code, relating to driving under the influence of alcohol | ||
| by a minor (third or subsequent offense); or | ||
| (5) conduct for which a person is subject to a civil | ||
| penalty under Section 481.1211, Health and Safety Code, or that | ||
| violates Section 481.1212 of that code. | ||
| SECTION 6. Section 118.124, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 118.124. PROHIBITED FEES. A justice of the peace is | ||
| not entitled to a fee for: | ||
| (1) the examination of a paper or record in the | ||
| justice's office; | ||
| (2) filing any process or document the justice issues | ||
| that is returned to court; | ||
| (3) a motion or judgment on a motion for security for | ||
| costs; | ||
| (4) taking or approving a bond for costs; [ |
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| (5) the first copy of a document in a criminal case | ||
| issued to: | ||
| (A) a criminal defendant in the case; | ||
| (B) an attorney representing a criminal | ||
| defendant in the case; or | ||
| (C) a prosecuting attorney; or | ||
| (6) the filing of a civil action by the state under | ||
| Section 481.1211, Health and Safety Code. | ||
| SECTION 7. The changes in law made by this Act apply only to | ||
| a violation of law that occurs on or after the effective date of | ||
| this Act. A violation that occurs before the effective date of this | ||
| Act is governed by the law in effect on the date the violation | ||
| occurred, and the former law is continued in effect for that | ||
| purpose. For purposes of this section, a violation of law occurred | ||
| before the effective date of this Act if any element of the | ||
| violation occurred before that date. | ||
| SECTION 8. This Act takes effect December 1, 2017. | ||
