Bill Text: TX SB1005 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the punishment for certain controlled substance possession offenses under the Texas Controlled Substances Act; changing eligibility for community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Criminal Justice [SB1005 Detail]
Download: Texas-2021-SB1005-Introduced.html
87R5905 JSC-F | ||
By: Hinojosa | S.B. No. 1005 |
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relating to the punishment for certain controlled substance | ||
possession offenses under the Texas Controlled Substances Act; | ||
changing eligibility for community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.056, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
SUPERVISION. A defendant is not eligible for community supervision | ||
under Article 42A.055 if the defendant: | ||
(1) is sentenced to a term of imprisonment that | ||
exceeds 10 years; | ||
(2) is convicted of an offense [ |
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for which suspension of the imposition of the sentence occurs | ||
automatically under Article 42A.551 or 42A.582; | ||
(3) is adjudged guilty of an offense under Section | ||
19.02, Penal Code; | ||
(4) is convicted of an offense under Section 21.11, | ||
22.011, or 22.021, Penal Code, if the victim of the offense was | ||
younger than 14 years of age at the time the offense was committed; | ||
(5) is convicted of an offense under Section 20.04, | ||
Penal Code, if: | ||
(A) the victim of the offense was younger than 14 | ||
years of age at the time the offense was committed; and | ||
(B) the actor committed the offense with the | ||
intent to violate or abuse the victim sexually; | ||
(6) is convicted of an offense under Section 20A.02, | ||
20A.03, 43.04, 43.05, or 43.25, Penal Code; or | ||
(7) is convicted of an offense for which punishment is | ||
increased under Section 481.134(c), (d), (e), or (f), Health and | ||
Safety Code, if it is shown that the defendant has been previously | ||
convicted of an offense for which punishment was increased under | ||
any of those subsections. | ||
SECTION 2. Article 42A.551(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as otherwise provided by Subsection (b) or (c), | ||
on conviction of a state jail felony under Section [ |
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481.1151(b)(1), [ |
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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. | ||
SECTION 3. Chapter 42A, Code of Criminal Procedure, is | ||
amended by adding Subchapter L-1 to read as follows: | ||
SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN CONTROLLED | ||
SUBSTANCE POSSESSION OFFENSES | ||
Art. 42A.581. APPLICABILITY. (a) Except as otherwise | ||
provided by Subsection (b), this subchapter applies to an offense | ||
under Section 481.115(b) or (c) or 481.116(c) or (d), Health and | ||
Safety Code. | ||
(b) This subchapter does not apply to an offense for which | ||
the punishment is increased under Section 481.134, Health and | ||
Safety Code, or Section 12.42, Penal Code. | ||
Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION; | ||
EXECUTION OF SENTENCE. (a) On conviction of an offense described | ||
by Section 42A.581, the judge shall suspend the imposition of the | ||
sentence and place the defendant on community supervision, except | ||
that the judge may order the sentence to be executed if: | ||
(1) the defendant has been previously convicted of: | ||
(A) an offense under Section 481.115 or 481.116, | ||
Health and Safety Code; or | ||
(B) a felony, other than a felony punished under | ||
Section 12.44(a), Penal Code; | ||
(2) the conviction resulted from an adjudication of | ||
the guilt of a defendant previously placed on deferred adjudication | ||
community supervision for the offense; or | ||
(3) the judge determines by a preponderance of the | ||
evidence that the defendant: | ||
(A) is a danger to the safety of others; or | ||
(B) possessed the substance with the intent to | ||
deliver the substance. | ||
(b) A judge who makes a determination described by | ||
Subsection (a)(3) shall enter the reasons for making that | ||
determination in the record of the proceeding. | ||
(c) The judge may suspend in whole or in part the imposition | ||
of any fine imposed on a conviction if a defendant is placed on | ||
community supervision under this subchapter. | ||
SECTION 4. Sections 509.011(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) If the division determines that a department complies | ||
with division standards and if the department has submitted a | ||
strategic plan under Section 509.007 and the supporting information | ||
required by the division and the division determines the plan and | ||
supporting information are acceptable, the division shall prepare | ||
and submit to the comptroller vouchers for payment to the | ||
department as follows: | ||
(1) for per capita funding, a per diem amount for the | ||
term of supervision for each [ |
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by the department pursuant to lawful authority for an offense | ||
punishable as: | ||
(A) a felony; or | ||
(B) a Class A misdemeanor under Section | ||
481.115(b) or 481.116(b), Health and Safety Code; | ||
(2) for per capita funding, a per diem amount for a | ||
period not to exceed 182 days for each defendant supervised by the | ||
department pursuant to lawful authority for a misdemeanor | ||
offense[ |
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(3) for formula funding, an annual amount as computed | ||
by multiplying a percentage determined by the allocation formula | ||
established under Subsection (f) times the total amount provided in | ||
the General Appropriations Act for payments under this subdivision. | ||
(b) The division may use discretionary grant funds to | ||
further the purposes of this chapter by contracting for services | ||
with state agencies or nonprofit organizations. The division may | ||
also make discretionary grants to departments, municipalities, or | ||
counties for the following purposes: | ||
(1) development and operation of pretrial and | ||
presentencing services; | ||
(2) electronic monitoring services, surveillance | ||
supervision programs, and controlled substances testing services; | ||
(3) research projects to evaluate the effectiveness of | ||
community corrections programs, if the research is conducted in | ||
cooperation with the Criminal Justice Policy Council; | ||
(4) contract services for felony defendants; | ||
(5) residential services for misdemeanor defendants | ||
who exhibit levels of risk or needs indicating a need for | ||
confinement and treatment[ |
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(6) establishment or operation of county correctional | ||
centers under Subchapter H, Chapter 351, Local Government Code, or | ||
community corrections facilities for which the division has | ||
established standards under Section 509.006; | ||
(7) development and operation of treatment | ||
alternative to incarceration programs under Section 76.017; [ |
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(8) other purposes determined appropriate by the | ||
division and approved by the board; and | ||
(9) placement of defendants in pretrial intervention | ||
programs to provide substance abuse treatment, aftercare, and | ||
specialized pretrial supervision for defendants charged with an | ||
offense punishable as a Class A misdemeanor under Section | ||
481.115(b) or 481.116(b), Health and Safety Code. | ||
SECTION 5. Section 481.115(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is a Class A misdemeanor | ||
[ |
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possessed is, by aggregate weight, including adulterants or | ||
dilutants, a usable quantity that is more than 0.02 grams but less | ||
than one gram. | ||
SECTION 6. Section 481.116(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is a Class A misdemeanor | ||
[ |
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possessed is, by aggregate weight, including adulterants or | ||
dilutants, a usable quantity that is more than 0.02 grams but less | ||
than one gram. | ||
SECTION 7. (a) Section 509.011(a), Government Code, as | ||
amended by this Act, applies only to a payment to a community | ||
supervision and corrections department based on a voucher submitted | ||
to the comptroller on or after September 1, 2021. | ||
(b) Except as provided by Subsection (c) of this section: | ||
(1) the change in law made by this Act applies only to | ||
an offense committed on or after the effective date of this Act; and | ||
(2) 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. | ||
(c) In a criminal action pending on or commenced on or after | ||
the effective date of this Act, for an offense under Section 481.115 | ||
or 481.116, Health and Safety Code, committed before the effective | ||
date, the defendant, if adjudged guilty, shall be assessed | ||
punishment under Section 481.115 or 481.116, Health and Safety | ||
Code, as applicable, as amended by this Act, if the defendant so | ||
elects by written motion filed with the trial court before the | ||
sentencing hearing begins. | ||
(d) 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. | ||
(e) A defendant who elects by written motion to be assessed | ||
punishment under Section 481.115 or 481.116, Health and Safety | ||
Code, as applicable, as amended by this Act, is eligible for | ||
treatment, supervision, and care in accordance with Sections | ||
509.011(a) and (b), Government Code, as amended by this Act. A | ||
community supervision and corrections department established under | ||
Chapter 76, Government Code, is eligible to be paid for providing | ||
the treatment, supervision, and care in accordance with Sections | ||
509.011(a) and (b), Government Code, as amended by this Act. A | ||
municipality, county, or community supervision and corrections | ||
department established under Chapter 76, Government Code, may | ||
provide treatment, supervision, and care to the defendant under a | ||
grant made to the municipality, county, or department under Section | ||
509.011(b), Government Code, as amended by this Act. | ||
SECTION 8. This Act takes effect September 1, 2021. |