Bill Text: TX HB1719 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the penalties for the possession of small amounts of Penalty Group 1 controlled substances and marihuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-29 - Left pending in committee [HB1719 Detail]

Download: Texas-2019-HB1719-Introduced.html
  86R11005 JSC-D
 
  By: Thompson of Harris H.B. No. 1719
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the penalties for the possession of small amounts of
  Penalty Group 1 controlled substances and 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) [(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.  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 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 [B] misdemeanor if the amount of
  marihuana possessed is two ounces or less;
               (2)  a Class A misdemeanor if the amount of marihuana
  possessed is four ounces or less but more than two ounces;
               (3)  a state jail felony if the amount of marihuana
  possessed is five pounds or less but more than four ounces;
               (4)  a felony of the third degree if the amount of
  marihuana possessed is 50 pounds or less but more than 5 pounds;
               (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
               (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.  Sections 481.134(d), (e), and (f), Health and
  Safety Code, are amended to read as follows:
         (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)(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
  481.115(b), 481.117(b), 481.119(a), 481.120(b)(2), or
  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), or 481.120(b)(1)[, or 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 5.  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 [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.
         SECTION 6.  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)(1);
                     [(C)]  Section 31.03, Penal Code, if the offense
  is punishable under Subsection (e)(1) or (2);
                     (C) [(D)]  Section 43.02, Penal Code; or
                     (D) [(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 7.  The change in law made by this Act applies 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 8.  This Act takes effect September 1, 2019.
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