Bill Text: TX HB241 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-09 - Left pending in committee [HB241 Detail]
Download: Texas-2017-HB241-Introduced.html
85S10679 LHC-D | ||
By: Thompson of Harris | H.B. No. 241 |
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relating to the penalty for certain offenders for possession of a | ||
small amount of certain controlled substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, less than one gram. | ||
SECTION 2. 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 [ |
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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 3. 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, less than one gram. | ||
SECTION 4. Section 481.134(d), Health and Safety Code, is | ||
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), [ |
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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. | ||
SECTION 5. Subchapter K, Chapter 42A, Code of Criminal | ||
Procedure, is amended by adding Article 42A.515 to read as follows: | ||
Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN DRUG | ||
OFFENSES; EDUCATIONAL PROGRAM. A judge who grants community | ||
supervision to a person convicted of a Class A misdemeanor under | ||
Section 481.115(b), 481.1151(b)(1), 481.116(b), or 481.1161(b)(2), | ||
Health and Safety Code, may require, as a condition of community | ||
supervision, that the person successfully complete an educational | ||
program on substance abuse awareness approved by the Department of | ||
State Health Services. | ||
SECTION 6. 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 [ |
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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. | ||
(c) Subsection (a) does not apply to a defendant who: | ||
(1) [ |
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Code, possessed more than one pound, by aggregate weight, including | ||
adulterants or dilutants, of the controlled substance; or | ||
(2) [ |
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Safety Code, possessed more than one pound of marihuana. | ||
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 was | ||
committed before that date. | ||
SECTION 8. This Act takes effect December 1, 2017. |