85R1593 GCB-D
	By: Wu	H.B. No. 680

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of and penalties for possession of 0.35
	ounces or less of marihuana.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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) 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 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;
	(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 3.  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 0.35 ounces or less;
	(2)  a Class B misdemeanor if the amount of marihuana
	possessed is two ounces or less but more than 0.35 ounces;
	(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 4.  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 5.  Section 481.134, Health and Safety Code, is
	amended by amending Subsections (c), (d), (e), (f), and (g) and
	adding Subsection (f-1) 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.
	(f-1)  An offense otherwise punishable under Section
	481.121(b)(1) is a Class B 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.
	(g)  Subsections (f) and (f-1) do [Subsection (f) does] not
	apply to an offense if:
	(1)  the offense was committed inside a private
	residence; and
	(2)  no minor was present in the private residence at
	the time the offense was committed.
	SECTION 6.  Section 12.43(c), Penal Code, is amended to read
	as follows:
	(c)  If it is shown on the trial of an offense punishable as a
	Class C misdemeanor under Section 42.01 or 49.02, or under Section
	481.121(b)(1), Health and Safety Code, that the defendant has
	previously been convicted of any [been before convicted under
	either] of those offenses [sections] three times or three times for
	any combination of those offenses and each prior offense was
	committed in the 24 months preceding the date of commission of the
	instant offense, the defendant shall be punished by:
	(1)  a fine not to exceed $2,000;
	(2)  confinement in jail for a term not to exceed 180
	days; or
	(3)  both such fine and confinement.
	SECTION 7.  The amendments of Sections 481.121 and 481.134,
	Health and Safety Code, by this Act apply to an offense committed
	under Section 481.121 or an offense committed under Section 481.121
	and punishable under Section 481.134, Health and Safety Code,
	before, on, or after September 1, 2017, except that a final
	conviction for an offense that exists on September 1, 2017, is
	unaffected by this Act.
	SECTION 8.  This Act takes effect September 1, 2017.