Bill Text: TX HB130 | 2017-2018 | 85th Legislature | 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) 2017-03-13 - Left pending in committee [HB130 Detail]

Download: Texas-2017-HB130-Introduced.html

---

85R320 JSC-D
By: Dutton H.B. No. 130

A BILL TO BE ENTITLED
AN ACT
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, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [An] offense
under Subsection (a) is a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(b-1) An offense punishable under Subsection (b) is a state
jail felony if the person has been previously convicted of an
offense under this section or Section 481.1151, 481.116, 481.1161,
481.117, 481.118, or 481.121.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) An offense under this section is:
(1) a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the number of abuse
units of the controlled substance is fewer than 20, except as
provided by Subsection (c);
(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.
(c) An offense punishable under Subsection (b)(1) is a state
jail felony if the person has been previously convicted of an
offense under this section or Section 481.115, 481.116, 481.1161,
481.117, 481.118, or 481.121.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [An] offense
under Subsection (a) is a Class A misdemeanor with a minimum term of
confinement of 180 days [state jail felony] if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(b-1) An offense punishable under Subsection (b) is a state
jail felony if the person has been previously convicted of an
offense under this section or Section 481.115, 481.1151, 481.1161,
481.117, 481.118, or 481.121.
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), 481.115(b-1)
[481.115(b)], 481.1151(c) [481.1151(b)(1)], 481.116(b-1)
[481.116(b)], 481.1161(b)(3), 481.120(b)(3), or 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.514 to read as follows:
Art. 42A.514. 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 481.115(b-1)
[481.115(b)], 481.1151(c) [481.1151(b)(1)], 481.116(b-1)
[481.116(b)], 481.1161(b)(3), 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(c) [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)(3), Health and 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 September 1, 2017.