Bill Text: TX HB1735 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-10 - Referred to Criminal Jurisprudence [HB1735 Detail]
Download: Texas-2021-HB1735-Introduced.html
87R4690 JSC-D | ||
By: Wu | H.B. No. 1735 |
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relating to criminal penalties for possession offenses under the | ||
Texas Controlled Substances Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. POSSESSION OFFENSE PENALTIES | ||
SECTION 1.01. Section 481.115(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) An offense under Subsection (a) is a felony of the third | ||
degree with a maximum term of imprisonment of five years if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, one gram or more [ |
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SECTION 1.02. Section 481.1151(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) An offense under this section is: | ||
(1) a state jail felony if the number of abuse units of | ||
the controlled substance is fewer than 20; and | ||
(2) a felony of the third degree with a maximum term of | ||
imprisonment of five years if the number of abuse units of the | ||
controlled substance is 20 or more [ |
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SECTION 1.03. Section 481.116(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) An offense under Subsection (a) is a felony of the third | ||
degree with a maximum term of imprisonment of five years if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, one gram or more [ |
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SECTION 1.04. Section 481.1161(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class B misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, two ounces or less; | ||
(2) a Class A misdemeanor if the amount of the | ||
controlled substance possessed is, by aggregate weight, including | ||
adulterants or dilutants, four ounces or less but more than two | ||
ounces; | ||
(3) a state jail felony if the amount of the controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, five pounds or less but more than four ounces; and | ||
(4) a felony of the third degree with a maximum term of | ||
imprisonment of five years if the amount of the controlled | ||
substance possessed is, by aggregate weight, including adulterants | ||
or dilutants, [ |
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SECTION 1.05. Section 481.117(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) An offense under Subsection (a) is a felony of the third | ||
degree with a maximum term of imprisonment of five years if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, 28 grams or more [ |
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SECTION 1.06. Section 481.118(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) An offense under Subsection (a) is a felony of the third | ||
degree with a maximum term of imprisonment of five years if the | ||
amount of the controlled substance possessed is, by aggregate | ||
weight, including adulterants or dilutants, 28 grams or more [ |
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SECTION 1.07. Section 481.121(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class 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; and | ||
(4) a felony of the third degree with a maximum term of | ||
imprisonment of five years if the amount of marihuana possessed is | ||
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SECTION 1.08. Sections 481.115(d), (e), and (f), 481.116(d) | ||
and (e), 481.117(d) and (e), 481.118(d) and (e), and 481.134(c), | ||
(d), (e), (f), and (g), Health and Safety Code, are repealed. | ||
ARTICLE 2. PRIOR CONVICTIONS | ||
SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is | ||
amended by adding Section 12.495 to read as follows: | ||
Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO | ||
ENHANCEMENT. Notwithstanding any other provision of this | ||
subchapter: | ||
(1) a previous conviction for an offense under Section | ||
481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, | ||
481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not | ||
be used for enhancement purposes under this subchapter; and | ||
(2) a previous conviction for any offense may not be | ||
used for enhancing an offense under Section 481.115, 481.1151, | ||
481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or | ||
481.125(a), Health and Safety Code, under any provision of this | ||
subchapter. | ||
ARTICLE 3. CONFORMING CHANGES | ||
SECTION 3.01. Article 42A.054(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Article 42A.053 does not apply to a defendant adjudged | ||
guilty of an offense under: | ||
(1) Section 15.03, Penal Code, if the offense is | ||
punishable as a felony of the first degree; | ||
(2) Section 19.02, Penal Code (Murder); | ||
(3) Section 19.03, Penal Code (Capital Murder); | ||
(4) Section 20.04, Penal Code (Aggravated | ||
Kidnapping); | ||
(5) Section 20A.02, Penal Code (Trafficking of | ||
Persons); | ||
(6) Section 20A.03, Penal Code (Continuous | ||
Trafficking of Persons); | ||
(7) Section 21.11, Penal Code (Indecency with a | ||
Child); | ||
(8) Section 22.011, Penal Code (Sexual Assault); | ||
(9) Section 22.021, Penal Code (Aggravated Sexual | ||
Assault); | ||
(10) Section 22.04(a)(1), Penal Code (Injury to a | ||
Child, Elderly Individual, or Disabled Individual), if: | ||
(A) the offense is punishable as a felony of the | ||
first degree; and | ||
(B) the victim of the offense is a child; | ||
(11) Section 29.03, Penal Code (Aggravated Robbery); | ||
(12) Section 30.02, Penal Code (Burglary), if: | ||
(A) the offense is punishable under Subsection | ||
(d) of that section; and | ||
(B) the actor committed the offense with the | ||
intent to commit a felony under Section 21.02, 21.11, 22.011, | ||
22.021, or 25.02, Penal Code; | ||
(13) Section 43.04, Penal Code (Aggravated Promotion | ||
of Prostitution); | ||
(14) Section 43.05, Penal Code (Compelling | ||
Prostitution); | ||
(15) Section 43.25, Penal Code (Sexual Performance by | ||
a Child); or | ||
(16) Chapter 481, Health and Safety Code, for which | ||
punishment is increased under[ |
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in Commission of Offense)[ |
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SECTION 3.02. 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 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, | ||
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; or | ||
(6) is convicted of an offense under Section 20A.02, | ||
20A.03, 43.04, 43.05, or 43.25, Penal Code[ |
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SECTION 3.03. Article 42A.102(b), Code of Criminal | ||
Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. | ||
3582), Acts of the 86th Legislature, Regular Session, 2019, is | ||
reenacted and amended to read as follows: | ||
(b) In all other cases, the judge may grant deferred | ||
adjudication community supervision unless: | ||
(1) the defendant is charged with an offense: | ||
(A) under Section 20A.02, [ |
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49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; | ||
(B) under Section 49.04 or 49.06, Penal Code, | ||
and, at the time of the offense: | ||
(i) the defendant held a commercial | ||
driver's license or a commercial learner's permit; or | ||
(ii) the defendant's alcohol concentration, | ||
as defined by Section 49.01, Penal Code, was 0.15 or more; or | ||
(C) for which punishment may be increased under | ||
Section 49.09, Penal Code; [ |
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(2) the defendant: | ||
(A) is charged with an offense under Section | ||
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of | ||
the age of the victim, or a felony described by Article 42A.453(b), | ||
other than a felony described by Subdivision (1)(A) or (3)(B) of | ||
this subsection; and | ||
(B) has previously been placed on community | ||
supervision for an offense under Paragraph (A); | ||
(3) the defendant is charged with an offense under: | ||
(A) Section 21.02, Penal Code; or | ||
(B) Section 22.021, Penal Code, that is | ||
punishable under Subsection (f) of that section or under Section | ||
12.42(c)(3) or (4), Penal Code; or | ||
(4) the defendant is charged with an offense under | ||
Section 19.02, Penal Code, except that the judge may grant deferred | ||
adjudication community supervision on determining that the | ||
defendant did not cause the death of the deceased, did not intend to | ||
kill the deceased or another, and did not anticipate that a human | ||
life would be taken. | ||
SECTION 3.04. Section 481.126, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR | ||
INVESTMENT. (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; or | ||
(2) [ |
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the person knows or believes are intended to further the commission | ||
of an offense for which the punishment is described by Subdivision | ||
(1)[ |
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(b) An offense under this section [ |
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is a felony of the first degree. [ |
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SECTION 3.05. Section 71.023(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person, as part of the | ||
identifiable leadership of a criminal street gang, knowingly | ||
finances, directs, or supervises the commission of, or a conspiracy | ||
to commit, one or more of the following offenses by members of a | ||
criminal street gang: | ||
(1) a felony offense that is listed in Article | ||
42A.054(a), Code of Criminal Procedure; | ||
(2) a felony offense for which it is shown that a | ||
deadly weapon, as defined by Section 1.07, was used or exhibited | ||
during the commission of the offense or during immediate flight | ||
from the commission of the offense; or | ||
(3) an offense that is punishable under Section | ||
481.112(e), 481.112(f), 481.1121(b)(4), [ |
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481.120(b)(6), Health and Safety Code. | ||
ARTICLE 4. TRANSITION; EFFECTIVE DATE | ||
SECTION 4.01. The changes in law made by this Act apply to | ||
an offense committed before, on, or after September 1, 2021, except | ||
that a final conviction for an offense that exists on September 1, | ||
2021, is unaffected by this Act. | ||
SECTION 4.02. To the extent of any conflict, this Act | ||
prevails over another Act of the 87th Legislature, Regular Session, | ||
2021, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 4.03. This Act takes effect September 1, 2021. |