Bill Text: TX HB441 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the criminal and licensing consequences of certain marihuana possession and drug paraphernalia possession offenses; imposing a fee.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Engrossed - Dead) 2021-05-03 - Received from the House [HB441 Detail]
Download: Texas-2021-HB441-Engrossed.html
| 87R3240 JSC-D | ||
| By: Zwiener, Collier, White, Dutton, Toth, | H.B. No. 441 | |
| et al. | ||
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| relating to the criminal and licensing consequences of certain | ||
| marihuana possession and drug paraphernalia possession offenses; | ||
| imposing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 2. Article 14.06, Code of Criminal Procedure, is | ||
| amended by adding Subsections (b-1) and (b-2) and amending | ||
| Subsection (d) to read as follows: | ||
| (b-1) A peace officer who is charging a person with | ||
| committing an offense under Section 481.121(b)(1) or 481.125(a), | ||
| Health and Safety Code, may not arrest the person and shall issue | ||
| the person a citation as provided by Subsection (b). | ||
| (b-2) Subsection (b-1) does not apply to an officer making | ||
| an arrest for an offense other than an offense under Section | ||
| 481.121(b)(1) or 481.125(a), Health and Safety Code. | ||
| (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 3. 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 4. Article 45.051, Code of Criminal Procedure, is | ||
| amended by adding Subsections (a-2) and (e-1) 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. | ||
| (e-1) A court that dismisses a complaint under this article | ||
| for a person charged with an offense under Section 481.121(b)(1) or | ||
| 481.125(a), Health and Safety Code, shall notify the defendant in | ||
| writing of the person's expunction rights under Article 45.02161 | ||
| and provide the person with a copy of that article. The dismissed | ||
| complaint is not a conviction and may not be used against the person | ||
| for any purpose. | ||
| 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 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 6. Section 521.371(3), Transportation Code, is | ||
| amended to read as follows: | ||
| (3) "Drug offense" has the meaning assigned under 23 | ||
| U.S.C. Section 159(c) and includes an offense under Section 49.04, | ||
| 49.07, or 49.08, Penal Code, that is committed as a result of the | ||
| introduction into the body of any substance the possession of which | ||
| is prohibited under the Controlled Substances Act. The term does | ||
| not include an offense punishable by fine only under the laws of | ||
| this state. | ||
| SECTION 7. 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 8. (a) Except as otherwise provided by this | ||
| section, this Act takes effect September 1, 2021. | ||
| (b) Section 521.371, Transportation Code, as amended 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 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. | ||
