Bill Text: TX SB1479 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prosecution of, criminal penalties for, and other consequences of possession of one ounce or less of marihuana.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-27 - Co-author authorized [SB1479 Detail]
Download: Texas-2019-SB1479-Introduced.html
86R8556 JSC-F | ||
By: Johnson | S.B. No. 1479 |
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relating to the prosecution of, criminal penalties for, and other | ||
consequences of possession of one ounce or less of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 14.01, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (a) or (b), a peace officer | ||
or any other person may not, without a warrant, arrest an offender | ||
for a misdemeanor punishable by fine only under Section | ||
481.121(b)(1), Health and Safety Code. | ||
SECTION 2. Article 14.03, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding Subsection (a), (d), or (g), a peace | ||
officer may not, without a warrant, arrest a person who only commits | ||
an offense punishable by fine only under Section 481.121(b)(1), | ||
Health and Safety Code. | ||
SECTION 3. 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) [ |
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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 4. 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 5. 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) [ |
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(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 6. 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) [ |
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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. | ||
SECTION 7. 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 8. 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) [ |
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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)(2) | ||
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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-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 [ |
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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 9. 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 [ |
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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 10. Section 521.372, Transportation Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Notwithstanding Subsection (a), a person's license is | ||
not automatically suspended on conviction of an offense punishable | ||
by fine only under Section 481.121(b)(1), Health and Safety Code. | ||
Notwithstanding Subsection (b), the department is not prohibited | ||
from issuing a driver's license to a person convicted of an offense | ||
punishable by fine only under Section 481.121(b)(1), Health and | ||
Safety Code, who, on the date of the conviction, did not hold a | ||
driver's license. | ||
SECTION 11. Articles 14.01(c) and 14.03(h), Code of | ||
Criminal Procedure, as added 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 occurred before that date. | ||
SECTION 12. Sections 481.121 and 481.134, Health and Safety | ||
Code, as amended 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 before, on, or after September 1, | ||
2019, except that a final conviction for an offense that exists on | ||
September 1, 2019, is unaffected by this Act. | ||
SECTION 13. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2019. | ||
(b) Section 521.372(d), Transportation Code, as added 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 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; 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 any | ||
modification to or repeal of the law required under 23 U.S.C. | ||
Section 159. |