87R3440 JSC-F
 
  By: Dutton H.B. No. 616
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal penalties for possession of two grams or
  less of marihuana.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.121, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  An offense under Subsection (a) is:
               (1)  a Class C misdemeanor if the amount of marihuana
  possessed is two grams or less, except as provided by Subsection
  (c);
               (1-a)  a Class B misdemeanor if the amount of marihuana
  possessed is two ounces or less but more than two grams;
               (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.
         (c)  An offense under Subsection (b)(1) is a Class B
  misdemeanor if it is shown on the trial of the offense that the
  defendant has been previously convicted three or more times of an
  offense involving the possession of marihuana and each prior
  offense was committed within the 24-month period preceding the date
  of the commission of the instant offense. For purposes of this
  subsection, "offense involving the possession of marihuana" means
  an offense under this section or an offense under the laws of
  another state that contains elements substantially similar to the
  elements of an offense under this section.
         SECTION 2.  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) or (c)
  [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 3.  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), (b)(2), or (c)
  [(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 4.  Article 45.051, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)  This subsection applies only to a defendant charged with
  an offense under Section 481.121, Health and Safety Code, who is
  granted a deferral under Subsection (a). In addition to any other
  requirement, the judge shall, during the deferral period, require
  that the defendant successfully complete a drug abuse awareness and
  education program approved by the Texas Department of Licensing and
  Regulation.
         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) or (c)
  [(b)(1)];
                     (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.  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 7.  This Act takes effect September 1, 2021.