Bill Text: TX HB63 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the criminal and licensing consequences of certain marihuana possession and drug paraphernalia possession offenses; imposing a fee.

Spectrum: Moderate Partisan Bill (Democrat 46-9)

Status: (Engrossed - Dead) 2019-04-30 - Received from the House [HB63 Detail]

Download: Texas-2019-HB63-Engrossed.html
 
 
  By: Moody, Collier, White, Dutton, Phelan, H.B. No. 63
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the criminal and licensing consequences of certain
  marihuana possession and drug paraphernalia possession offenses;
  imposing a fee.
         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 C misdemeanor if the amount of marihuana
  possessed is one ounce or less;
               (2)  a Class B misdemeanor if the amount of marihuana
  possessed is two ounces or less but more than one ounce;
               (3) [(2)]  a Class A misdemeanor if the amount of
  marihuana possessed is four ounces or less but more than two ounces;
               (4) [(3)]  a state jail felony if the amount of
  marihuana possessed is five pounds or less but more than four
  ounces;
               (5) [(4)]  a felony of the third degree if the amount of
  marihuana possessed is 50 pounds or less but more than 5 pounds;
               (6) [(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
               (7) [(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.  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 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) [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; 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) [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.
         (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; 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)(2) 
  [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; or
               (2)  on a school bus.
         SECTION 4.  Article 14.06, Code of Criminal Procedure, is
  amended by adding Subsections (b-1) and (b-2) and amending
  Subsection (d) to read as follows:
         (b-1)  A peace officer who is charging a person with
  committing an offense under Section 481.121(b)(1) or 481.125(a),
  Health and Safety Code, may not arrest the person and shall issue
  the person a citation as provided by Subsection (b).
         (b-2)  Subsection (b-1) does not apply to an officer making
  an arrest for an offense other than an offense under Section
  481.121(b)(1) or 481.125(a), Health and Safety Code.
         (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) or (3) [(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 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) 
  [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;
               (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) [481.121(b)(3)],
  Health and Safety Code, possessed more than one pound of marihuana.
         SECTION 6.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.02161 to read as
  follows:
         Art. 45.02161.  EXPUNCTION OF CERTAIN RECORDS. (a) This
  article applies only to a person charged with an offense under
  Section 481.121(b)(1) or 481.125(a), Health and Safety Code.
         (b)  Records of a person relating to a complaint may be
  expunged under this article if:
               (1)  the complaint was dismissed under Article 45.051
  or 45.052 or other law; and
                     (A)  at least 180 days has elapsed from the date of
  the dismissal; or
                     (B)  at least one year has elapsed from the date of
  the citation; or
               (2)  the person was acquitted of the offense.
         (c)  The person must make a written request to have the
  records expunged. The request must be under oath.
         (d)  The court shall order all complaints, verdicts,
  sentences, and prosecutorial and law enforcement records and any
  other documents relating to the offense expunged from the person's
  record if the court finds that the person satisfies the
  requirements of this article.
         (e)  The justice or municipal court shall require a person
  who requests expungement under this article to pay a fee in the
  amount of $30 to defray the cost of notifying state agencies of
  orders of expungement under this article.
         (f)  The procedures for expunction provided under this
  article are separate and distinct from the expunction procedures
  under Chapter 55.
         SECTION 7.  Article 45.051, Code of Criminal Procedure, is
  amended by adding Subsections (a-2) and (e-1) to read as follows:
         (a-2)  Unless the defendant has previously received a
  deferral of disposition for an offense under Section 481.121(b)(1)
  or 481.125(a), Health and Safety Code, committed within the
  12-month period preceding the date of the commission of the instant
  offense, on plea of guilty or nolo contendere for either offense,
  the judge shall defer further proceedings without entering an
  adjudication of guilt and place the defendant on probation under
  the provisions of this article.
         (e-1)  A court that dismisses a complaint under this article
  for a person charged with an offense under Section 481.121(b)(1) or
  481.125(a), Health and Safety Code, shall notify the defendant in
  writing of the person's expunction rights under Article 45.02161
  and provide the person with a copy of that article. The dismissed
  complaint is not a conviction and may not be used against the person
  for any purpose.
         SECTION 8.  Section 411.0728(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person:
               (1)  who is placed on community supervision under
  Chapter 42A, Code of Criminal Procedure, after conviction 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) [(b)(1)];
                     (C)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2);
                     (D)  Section 43.02, Penal Code; or
                     (E)  Section 43.03(a)(2), Penal Code, if the
  offense is punishable as a Class A misdemeanor; and
               (2)  with respect to whom the conviction is
  subsequently set aside by the court under Article 42A.701, Code of
  Criminal Procedure.
         SECTION 9.  Section 521.371(3), Transportation Code, is
  amended to read as follows:
               (3)  "Drug offense" has the meaning assigned under 23
  U.S.C. Section 159(c) and includes an offense under Section 49.04,
  49.07, or 49.08, Penal Code, that is committed as a result of the
  introduction into the body of any substance the possession of which
  is prohibited under the Controlled Substances Act. The term does
  not include an offense punishable by fine only under the laws of
  this state.
         SECTION 10.  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 11.  (a) Except as otherwise provided by this
  section, this Act takes effect September 1, 2019.
         (b)  Section 521.371, Transportation Code, as amended by
  this Act, takes effect on the 91st day after the date the office of
  the attorney general publishes in the Texas Register a finding
  that:
               (1)  the legislature of this state has adopted a
  resolution expressing the legislature's opposition to a law meeting
  the requirements of 23 U.S.C. Section 159 in suspending, revoking,
  or denying the driver's license of a person convicted of a drug
  offense punishable by fine only for a period of six months;
               (2)  the governor of this state has submitted to the
  United States secretary of transportation:
                     (A)  a written certification of the governor's
  opposition to the enactment or enforcement of a law required under
  23 U.S.C. Section 159 as that law relates to offenses punishable by
  fine only; and
                     (B)  a written certification that the legislature
  has adopted the resolution described by Subdivision (1) of this
  subsection; and
               (3)  the United States secretary of transportation has
  responded to the governor's submission and certified that highway
  funds will not be withheld from this state in response to the
  partial repeal of the law required under 23 U.S.C. Section 159.
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