Bill Text: TX HB2446 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the criminal penalties for possession of marihuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Criminal Jurisprudence [HB2446 Detail]
Download: Texas-2023-HB2446-Introduced.html
88R7856 JSC-F | ||
By: Dutton | H.B. No. 2446 |
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relating to the criminal penalties for possession of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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), (b)(3), or (b-1) | ||
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(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 2. 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) | ||
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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; or | ||
(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[ |
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SECTION 3. 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) of this section. 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 4. Article 55.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; [ |
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(C) convicted of an offense committed before | ||
September 1, 2021, under Section 46.02(a), Penal Code, as that | ||
section existed before that date; or | ||
(D) convicted of an offense committed before | ||
September 1, 2023, under Section 481.121(b)(1), Health and Safety | ||
Code, as that section existed before that date; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Chapter | ||
42A for the offense, unless the offense is a Class C misdemeanor, | ||
provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because: | ||
(a) the person completed a veterans | ||
treatment court program created under Chapter 124, Government Code, | ||
or former law, subject to Subsection (a-3); | ||
(b) the person completed a mental | ||
health court program created under Chapter 125, Government Code, or | ||
former law, subject to Subsection (a-4); | ||
(c) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than a veterans treatment court program created under | ||
Chapter 124, Government Code, or former law, or a mental health | ||
court program created under Chapter 125, Government Code, or former | ||
law; | ||
(d) the presentment had been made | ||
because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense; or | ||
(e) the indictment or information was | ||
void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
SECTION 5. Section 2(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A person who is entitled to expunction of records and | ||
files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), | ||
55.01(a)(1)(C), 55.01(a)(1)(D), or 55.01(a)(2) or a person who is | ||
eligible for expunction of records and files under Article 55.01(b) | ||
may file an ex parte petition for expunction in a district court for | ||
the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
SECTION 6. 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)(2) or (b-1) | ||
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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 7. Section 481.115(h), Health and Safety Code, is | ||
amended to read as follows: | ||
(h) The defense to prosecution provided by Subsection (g) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.1151(b)(1), | ||
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.1151(c), 481.116(f), 481.1161(c), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to the possible | ||
overdose of the actor or another person. | ||
SECTION 8. Section 481.1151(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The defense to prosecution provided by Subsection (c) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.116(f), 481.1161(c), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 9. Section 481.116(g), Health and Safety Code, is | ||
amended to read as follows: | ||
(g) The defense to prosecution provided by Subsection (f) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.1161(c), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 10. Section 481.1161(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The defense to prosecution provided by Subsection (c) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 11. Section 481.117(g), Health and Safety Code, is | ||
amended to read as follows: | ||
(g) The defense to prosecution provided by Subsection (f) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 12. Section 481.118(g), Health and Safety Code, is | ||
amended to read as follows: | ||
(g) The defense to prosecution provided by Subsection (f) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or | ||
481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 13. Section 481.119(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The defense to prosecution provided by Subsection (c) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
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offense under Section 481.125(a), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to | ||
the possible overdose of the actor or another person. | ||
SECTION 14. Section 481.121, Health and Safety Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(b-1) to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class C [ |
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marihuana possessed is two ounces or less, except as provided by | ||
Subsection (b-1); | ||
(2) a Class B [ |
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marihuana possessed is four ounces or less but more than two ounces; | ||
(3) a Class A misdemeanor [ |
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amount of marihuana possessed is five pounds or less but more than | ||
four ounces; | ||
(4) a state jail felony [ |
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amount of marihuana possessed is 50 pounds or less but more than 5 | ||
pounds; | ||
(5) a felony of the third [ |
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of marihuana possessed is 2,000 pounds or less but more than 50 | ||
pounds; and | ||
(6) a felony of the second degree [ |
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more than 2,000 pounds. | ||
(b-1) 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. | ||
(c) It is a defense to prosecution for an offense punishable | ||
under Subsection (b)(1), (b)(2), (b)(3), or (b-1) [ |
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actor: | ||
(1) was the first person to request emergency medical | ||
assistance in response to the possible overdose of another person | ||
and: | ||
(A) made the request for medical assistance | ||
during an ongoing medical emergency; | ||
(B) remained on the scene until the medical | ||
assistance arrived; and | ||
(C) cooperated with medical assistance and law | ||
enforcement personnel; or | ||
(2) was the victim of a possible overdose for which | ||
emergency medical assistance was requested, by the actor or by | ||
another person, during an ongoing medical emergency. | ||
SECTION 15. Section 481.125(h), Health and Safety Code, is | ||
amended to read as follows: | ||
(h) The defense to prosecution provided by Subsection (g) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
||
offense under Section 481.119(b), 483.041(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 483 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
483.041(e), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to the possible | ||
overdose of the actor or another person. | ||
SECTION 16. 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) | ||
[ |
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(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) [ |
||
SECTION 17. Section 481.134(c), Health and Safety Code, as | ||
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
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), 481.1123(c), (d), (e), or (f), | ||
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) | ||
[ |
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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; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 18. Sections 481.134(d), (e), and (f), Health and | ||
Safety Code, are 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), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or | ||
481.121(b)(4) [ |
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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; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(e) An offense otherwise punishable under Section | ||
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3) | ||
[ |
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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; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(2) or (b-1) | ||
[ |
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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; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 19. Section 483.041(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) The defense to prosecution provided by Subsection (e) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
||
offense under Section 481.119(b), 481.125(a), or 485.031(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 481 or 485; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
481.125(g), or 485.031(c); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to the possible | ||
overdose of the actor or another person. | ||
SECTION 20. Section 485.031(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The defense to prosecution provided by Subsection (c) is | ||
not available if: | ||
(1) at the time the request for emergency medical | ||
assistance was made: | ||
(A) a peace officer was in the process of | ||
arresting the actor or executing a search warrant describing the | ||
actor or the place from which the request for medical assistance was | ||
made; or | ||
(B) the actor is committing another offense, | ||
other than an offense punishable under Section 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), | ||
481.118(b), or 481.121(b)(1), (b)(2), (b)(3), or (b-1) [ |
||
offense under Section 481.119(b), 481.125(a), or 483.041(a); | ||
(2) the actor has been previously convicted of or | ||
placed on deferred adjudication community supervision for an | ||
offense under this chapter or Chapter 481 or 483; | ||
(3) the actor was acquitted in a previous proceeding | ||
in which the actor successfully established the defense under that | ||
subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
481.125(g), or 483.041(e); or | ||
(4) at any time during the 18-month period preceding | ||
the date of the commission of the instant offense, the actor | ||
requested emergency medical assistance in response to the possible | ||
overdose of the actor or another person. | ||
SECTION 21. 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 22. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 23. This Act takes effect September 1, 2023. |