Bill Text: TX HB3772 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the criminal consequences of certain criminal offenses involving the possession of marihuana or possession of drug paraphernalia; imposing a fee; authorizing a fine.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2021-05-06 - Committee report sent to Calendars [HB3772 Detail]
Download: Texas-2021-HB3772-Comm_Sub.html
87R20631 JSC-D | |||
By: White, Hunter, et al. | H.B. No. 3772 | ||
Substitute the following for H.B. No. 3772: | |||
By: Bell of Kaufman | C.S.H.B. No. 3772 |
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relating to the criminal consequences of certain criminal offenses | ||
involving the possession of marihuana or possession of drug | ||
paraphernalia; imposing a fee; authorizing a fine. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.002(26), Health and Safety Code, is | ||
amended to read as follows: | ||
(26) "Marihuana" means any part of a [ |
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genus Cannabis [ |
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delta-9 tetrahydrocannabinol and: | ||
(A) includes: | ||
(i) the seeds of that plant; and | ||
(ii) processed forms of that plant, | ||
including the resin extracted from the plant and compounds, | ||
manufactures, salts, derivatives, decarboxylates, mixtures, or | ||
preparations of the plant; [ |
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(B) [ |
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(i) any material excluded from the federal | ||
Controlled Substances Act definition of marihuana under 21 U.S.C. | ||
Section 802(16)(B); | ||
(ii) [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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121.001, Agriculture Code; | ||
(iii) a nonconsumable hemp product, as that | ||
term is defined by Section 122.001, Agriculture Code; or | ||
(iv) a consumable hemp product, as that | ||
term is defined by Section 443.001. | ||
SECTION 2. Section 481.103, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Penalty Group 2 does not include any material excluded | ||
from the definition of marihuana under Section 481.002(26)(B). | ||
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 misdemeanor if the amount of marihuana | ||
possessed is one ounce or less; | ||
(1-a) a Class B misdemeanor if the amount of marihuana | ||
possessed is two ounces or less but more than one ounce; | ||
(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. Section 481.134(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a) | ||
[ |
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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. | ||
SECTION 5. 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)(1-a) [ |
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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 6. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.02161 to read as | ||
follows: | ||
Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This | ||
article applies only to a person charged with an offense under | ||
Section 481.121(b)(1) or 481.125(a), Health and Safety Code. | ||
(b) Records of a person relating to a complaint may be | ||
expunged under this article if: | ||
(1) the complaint was dismissed under Article 45.051 | ||
or 45.052 or other law and: | ||
(A) at least 180 days have elapsed from the date | ||
of the dismissal; or | ||
(B) at least one year has elapsed from the date of | ||
the citation; or | ||
(2) the person was acquitted of the offense. | ||
(c) The person must make a written request to have the | ||
records expunged. The request must be under oath. | ||
(d) The court shall order all complaints, verdicts, | ||
sentences, and prosecutorial and law enforcement records and any | ||
other documents relating to the offense expunged from the person's | ||
record if the court finds that the person satisfies the | ||
requirements of this article. | ||
(e) The justice or municipal court shall require a person | ||
who requests expungement under this article to pay a fee in the | ||
amount of $30 to defray the cost of notifying state agencies of | ||
orders of expungement under this article. | ||
(f) The procedures for expunction provided under this | ||
article are separate and distinct from the expunction procedures | ||
under Chapter 55. | ||
SECTION 7. Article 45.051, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-2) to read as follows: | ||
(a-2) Unless the defendant has previously received a | ||
deferral of disposition for an offense under Section 481.121(b)(1) | ||
or 481.125(a), Health and Safety Code, committed within the | ||
12-month period preceding the date of the commission of the instant | ||
offense, on plea of guilty or nolo contendere for either offense, | ||
the judge shall defer further proceedings without entering an | ||
adjudication of guilt and place the defendant on probation under | ||
the provisions of this article. | ||
SECTION 8. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.0179 to read as | ||
follows: | ||
Art. 102.0179. FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED | ||
SUBSTANCES ACT CONVICTIONS: MOBILITY FUND. (a) In addition to any | ||
other fees and fines imposed under this subchapter, a defendant | ||
convicted of an offense described by Section 521.372(a), | ||
Transportation Code, punishable by fine only shall pay a fine of | ||
$100. | ||
(b) The court shall waive imposition of a fine under this | ||
article if the defendant's driver's license is suspended under | ||
Chapter 521, Transportation Code, as a result of the conviction of | ||
another offense arising from the same criminal episode. | ||
(c) The court shall collect the fine under this article in | ||
the same manner as court costs are collected in the case. | ||
(d) A fine collected under this article shall be deposited | ||
to the credit of the Texas mobility fund. | ||
SECTION 9. Section 411.0728(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies only to a person: | ||
(1) who is convicted of or placed on deferred | ||
adjudication community supervision 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-a) [ |
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(C) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(1) or (2); or | ||
(D) Section 43.02, Penal Code; and | ||
(2) who, if requested by the applicable law | ||
enforcement agency or prosecuting attorney to provide assistance in | ||
the investigation or prosecution of an offense under Section | ||
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense | ||
containing elements that are substantially similar to the elements | ||
of an offense under any of those sections: | ||
(A) provided assistance in the investigation or | ||
prosecution of the offense; or | ||
(B) did not provide assistance in the | ||
investigation or prosecution of the offense due to the person's age | ||
or a physical or mental disability resulting from being a victim of | ||
an offense described by this subdivision. | ||
SECTION 10. Section 521.372, Transportation Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) This section does not apply to a drug offense punishable | ||
by fine only under the laws of this state. | ||
SECTION 11. The changes in law made 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 was | ||
committed before that date. | ||
SECTION 12. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Article 102.0179, Code of Criminal Procedure, and | ||
Section 521.372(d), Transportation Code, as added by this Act, take | ||
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 punishable by fine only 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 as that law relates to offenses punishable by | ||
fine only; 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 the | ||
partial repeal of the law required under 23 U.S.C. Section 159. |