Bill Text: TX HB335 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the criminal penalties for possession of two grams or less of marihuana.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB335 Detail]
Download: Texas-2019-HB335-Comm_Sub.html
86R25618 JSC-F | |||
By: Dutton, Reynolds, Thompson of Harris | H.B. No. 335 | ||
Substitute the following for H.B. No. 335: | |||
By: Collier | C.S.H.B. No. 335 |
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relating to the criminal penalties for possession of two grams or | ||
less of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.121, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class C misdemeanor if the amount of marihuana | ||
possessed is two grams or less, except as provided by Subsection | ||
(c); | ||
(2) a Class B misdemeanor if the amount of marihuana | ||
possessed is two ounces or less but more than two grams; | ||
(3) [ |
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marihuana possessed is four ounces or less but more than two ounces; | ||
(4) [ |
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marihuana possessed is five pounds or less but more than four | ||
ounces; | ||
(5) [ |
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marihuana possessed is 50 pounds or less but more than 5 pounds; | ||
(6) [ |
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of marihuana possessed is 2,000 pounds or less but more than 50 | ||
pounds; and | ||
(7) [ |
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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. | ||
(c) 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. | ||
SECTION 2. 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) | ||
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(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) [ |
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SECTION 3. Sections 481.134(c), (d), (e), and (f), Health | ||
and Safety Code, are 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), 481.113(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), (6), or (7) [ |
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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; or | ||
(2) on a school bus. | ||
(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) [ |
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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. | ||
(e) An offense otherwise punishable under Section | ||
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) | ||
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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. | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2), | ||
or (c) 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; or | ||
(2) on a school bus. | ||
SECTION 4. Article 14.06(d), Code of Criminal Procedure, is | ||
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 (c) | ||
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(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 5. 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) | ||
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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; | ||
(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)(4) [ |
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Health and Safety Code, possessed more than one pound of marihuana. | ||
SECTION 6. 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). 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 7. 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 8. This Act takes effect September 1, 2019. |