Bill Text: TX SB1479 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the prosecution of, criminal penalties for, and other consequences of possession of one ounce or less of marihuana.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-27 - Co-author authorized [SB1479 Detail]

Download: Texas-2019-SB1479-Introduced.html
  86R8556 JSC-F
 
  By: Johnson S.B. No. 1479
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of, criminal penalties for, and other
  consequences of possession of one ounce or less of marihuana.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 14.01, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), a peace officer
  or any other person may not, without a warrant, arrest an offender
  for a misdemeanor punishable by fine only under Section
  481.121(b)(1), Health and Safety Code.
         SECTION 2.  Article 14.03, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding Subsection (a), (d), or (g), a peace
  officer may not, without a warrant, arrest a person who only commits
  an offense punishable by fine only under Section 481.121(b)(1),
  Health and Safety Code.
         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)(2) or (3) [(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.  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 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(4) 
  [481.121(b)(3)], or 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)  under Section 481.1151(b)(1), Health and Safety
  Code, possessed more than five abuse units of the controlled
  substance;
               (2)  under Section 481.1161(b)(3), Health and Safety
  Code, possessed more than one pound, by aggregate weight, including
  adulterants or dilutants, of the controlled substance; or
               (3)  under Section 481.121(b)(4) [481.121(b)(3)],
  Health and Safety Code, possessed more than one pound of marihuana.
         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 placed on community supervision under
  Chapter 42A, Code of Criminal Procedure, after conviction 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)(2) [(b)(1)];
                     (C)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2);
                     (D)  Section 43.02, Penal Code; or
                     (E)  Section 43.03(a)(2), Penal Code, if the
  offense is punishable as a Class A misdemeanor; and
               (2)  with respect to whom the conviction is
  subsequently set aside by the court under Article 42A.701, Code of
  Criminal Procedure.
         SECTION 6.  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;
               (2)  a Class B misdemeanor if the amount of marihuana
  possessed is two ounces or less but more than one ounce;
               (3) [(2)]  a Class A misdemeanor if the amount of
  marihuana possessed is four ounces or less but more than two ounces;
               (4) [(3)]  a state jail felony if the amount of
  marihuana possessed is five pounds or less but more than four
  ounces;
               (5) [(4)]  a felony of the third degree if the amount of
  marihuana possessed is 50 pounds or less but more than 5 pounds;
               (6) [(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
               (7) [(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 7.  Section 481.126(a), Health and Safety Code, is
  amended to read as follows:
         (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;
               (2)  barters property or expends funds the person knows
  are derived from the commission of an offense under Section
  481.121(a) that is punishable under Section 481.121(b)(6)
  [481.121(b)(5)];
               (3)  barters property or finances or invests funds the
  person knows or believes are intended to further the commission of
  an offense for which the punishment is described by Subdivision
  (1); or
               (4)  barters property or finances or invests funds the
  person knows or believes are intended to further the commission of
  an offense under Section 481.121(a) that is punishable under
  Section 481.121(b)(6) [481.121(b)(5)].
         SECTION 8.  Section 481.134, Health and Safety Code, is
  amended by amending Subsections (c), (d), (e), (f), and (g) and
  adding Subsection (f-1) to read as follows:
         (c)  The minimum term of confinement or imprisonment for an
  offense otherwise punishable under Section 481.112(c), (d), (e), or
  (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
  481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
  or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
  481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
  (5), or (6), or 481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or
  (6)] is increased by five years and the maximum fine for the offense
  is doubled if it is shown on the trial of the offense that the
  offense was committed:
               (1)  in, on, or within 1,000 feet of the premises of a
  school, the premises of a public or private youth center, or a
  playground; or
               (2)  on a school bus.
         (d)  An offense otherwise punishable under Section
  481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
  481.121(b)(4) [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.
         (e)  An offense otherwise punishable under Section
  481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
  [481.121(b)(2)] is a state jail felony 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.
         (f)  An offense otherwise punishable under Section
  481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2) 
  [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.
         (f-1)  An offense otherwise punishable under Section
  481.121(b)(1) is a Class B 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.
         (g)  Subsections (f) and (f-1) do [Subsection (f) does] not
  apply to an offense if:
               (1)  the offense was committed inside a private
  residence; and
               (2)  no minor was present in the private residence at
  the time the offense was committed.
         SECTION 9.  Section 12.43(c), Penal Code, is amended to read
  as follows:
         (c)  If it is shown on the trial of an offense punishable as a
  Class C misdemeanor under Section 42.01 or 49.02, or under Section
  481.121(b)(1), Health and Safety Code, that the defendant has
  previously been convicted of any [been before convicted under
  either] of those offenses [sections] three times or three times for
  any combination of those offenses and each prior offense was
  committed in the 24 months preceding the date of commission of the
  instant offense, the defendant shall be punished by:
               (1)  a fine not to exceed $2,000;
               (2)  confinement in jail for a term not to exceed 180
  days; or
               (3)  both such fine and confinement.
         SECTION 10.  Section 521.372, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  Notwithstanding Subsection (a), a person's license is
  not automatically suspended on conviction of an offense punishable
  by fine only under Section 481.121(b)(1), Health and Safety Code.
  Notwithstanding Subsection (b), the department is not prohibited
  from issuing a driver's license to a person convicted of an offense
  punishable by fine only under Section 481.121(b)(1), Health and
  Safety Code, who, on the date of the conviction, did not hold a
  driver's license.
         SECTION 11.  Articles 14.01(c) and 14.03(h), Code of
  Criminal Procedure, as added 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 occurred before that date.
         SECTION 12.  Sections 481.121 and 481.134, Health and Safety
  Code, as amended by this Act, apply to an offense committed under
  Section 481.121 or an offense committed under Section 481.121 and
  punishable under Section 481.134 before, on, or after September 1,
  2019, except that a final conviction for an offense that exists on
  September 1, 2019, is unaffected by this Act.
         SECTION 13.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2019.
         (b)  Section 521.372(d), Transportation Code, as added 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 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; 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 any
  modification to or repeal of the law required under 23 U.S.C.
  Section 159.
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