Bill Text: TX SB1461 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-20 - Referred to Criminal Justice [SB1461 Detail]

Download: Texas-2017-SB1461-Introduced.html
  85R8527 LHC-D
 
  By: Hinojosa S.B. No. 1461
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for certain 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.  Section 509.011, Government Code, is amended by
  amending Subsections (a) and (b) 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 [felony] defendant directly supervised
  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,
  481.1151, or 481.116, 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[,] other than an offense described by Subdivision (1)(B) [a
  felony defendant]; and
               (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[, as described by Section 509.005(b)];
               (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; [and]
               (8)  other purposes determined appropriate by the
  division and approved by the board; and
               (9)  to place 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,
  481.1151, or 481.116, Health and Safety Code.
         SECTION 2.  Section 481.113, Health and Safety Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (b-1) to read as follows:
         (a)  Except as authorized by this chapter, a person commits
  an offense if the person knowingly manufactures, delivers, or
  possesses with intent to deliver a controlled substance listed in:
               (1)  Penalty Group 2; or
               (2)  Penalty Group 2-A.
         (b)  An offense under Subsection (a)(1) [(a)] is a state jail
  felony if the amount of the controlled substance to which the
  offense applies is, by aggregate weight, including adulterants or
  dilutants, less than one gram.
         (b-1)  An offense under Subsection (a)(2) is a felony of the
  third degree if the amount of the controlled substance to which the
  offense applies is, by aggregate weight, including adulterants or
  dilutants, less than one gram.
         SECTION 3.  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
  [state jail felony] if the amount of the controlled substance
  possessed is, by aggregate weight, including adulterants or
  dilutants, less than one gram.
         SECTION 4.  Section 481.1151(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under this section is:
               (1)  a Class A misdemeanor [state jail felony] if the
  number of abuse units of the controlled substance is fewer than 20;
               (2)  a felony of the third degree if the number of abuse
  units of the controlled substance is 20 or more but fewer than 80;
               (3)  a felony of the second degree if the number of
  abuse units of the controlled substance is 80 or more but fewer than
  4,000;
               (4)  a felony of the first degree if the number of abuse
  units of the controlled substance is 4,000 or more but fewer than
  8,000; and
               (5)  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 15 years and a fine not to exceed $250,000, if the
  number of abuse units of the controlled substance is 8,000 or more.
         SECTION 5.  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
  [state jail felony] if the amount of the controlled substance
  possessed is, by aggregate weight, including adulterants or
  dilutants, less than one gram.
         SECTION 6.  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 [a state jail felony]
  for which suspension of the imposition of the sentence occurs
  automatically under Article 42A.551;
               (3)  is adjudged guilty of an offense under Section
  19.02, Penal Code;
               (4)  is convicted of an offense under Section
  21.11(a)(1), 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,
  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 7.  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)(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
               (2) [(3)]  under Section 481.121(b)(3), Health and
  Safety Code, possessed more than one pound of marihuana.
         SECTION 8.  (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, 2017.
         (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, 481.1151, 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, 481.1151, 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, 481.1151, 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 9.  This Act takes effect September 1, 2017, but only
  if the 85th Legislature specifically includes a rider in the
  General Appropriations Act or in the Supplemental Appropriations
  Act that is contingent on this Act passing and becoming law, or that
  notes this Act has passed and will become law, and that appropriates
  money to implement the changes in law made by this Act to Section
  509.011, Government Code, during the state fiscal biennium
  beginning September 1, 2017. If the 85th Legislature does not
  include such a rider in the General Appropriations Act or in the
  Supplemental Appropriations Act, this Act has no effect.
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