85R8527 LHC-D
	By: Hinojosa	S.B. No. 1461

	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for certain possession offenses under
	the Texas Controlled Substances Act; changing eligibility for
	community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 509.011, Government Code, is amended by
	amending Subsections (a) and (b) to read as follows:
	(a)  If the division determines that a department complies
	with division standards and if the department has submitted a
	strategic plan under Section 509.007 and the supporting information
	required by the division and the division determines the plan and
	supporting information are acceptable, the division shall prepare
	and submit to the comptroller vouchers for payment to the
	department as follows:
	(1)  for per capita funding, a per diem amount for the
	term of supervision for each [felony] defendant directly supervised
	by the department pursuant to lawful authority for an offense
	punishable as:
	(A)  a felony; or
	(B)  a Class A misdemeanor under Section 481.115,
	481.1151, or 481.116, Health and Safety Code;
	(2)  for per capita funding, a per diem amount for a
	period not to exceed 182 days for each defendant supervised by the
	department pursuant to lawful authority for a misdemeanor
	offense[,] other than an offense described by Subdivision (1)(B) [a
	felony defendant]; and
	(3)  for formula funding, an annual amount as computed
	by multiplying a percentage determined by the allocation formula
	established under Subsection (f) times the total amount provided in
	the General Appropriations Act for payments under this subdivision.
	(b)  The division may use discretionary grant funds to
	further the purposes of this chapter by contracting for services
	with state agencies or nonprofit organizations. The division may
	also make discretionary grants to departments, municipalities, or
	counties for the following purposes:
	(1)  development and operation of pretrial and
	presentencing services;
	(2)  electronic monitoring services, surveillance
	supervision programs, and controlled substances testing services;
	(3)  research projects to evaluate the effectiveness of
	community corrections programs, if the research is conducted in
	cooperation with the Criminal Justice Policy Council;
	(4)  contract services for felony defendants;
	(5)  residential services for misdemeanor defendants
	who exhibit levels of risk or needs indicating a need for
	confinement and treatment[, as described by Section 509.005(b)];
	(6)  establishment or operation of county correctional
	centers under Subchapter H, Chapter 351, Local Government Code, or
	community corrections facilities for which the division has
	established standards under Section 509.006;
	(7)  development and operation of treatment
	alternative to incarceration programs under Section 76.017; [and]
	(8)  other purposes determined appropriate by the
	division and approved by the board; and
	(9)  to place defendants in pretrial intervention
	programs to provide substance abuse treatment, aftercare, and
	specialized pretrial supervision for defendants charged with an
	offense punishable as a Class A misdemeanor under Section 481.115,
	481.1151, or 481.116, Health and Safety Code.
	SECTION 2.  Section 481.113, Health and Safety Code, is
	amended by amending Subsections (a) and (b) and adding Subsection
	(b-1) to read as follows:
	(a)  Except as authorized by this chapter, a person commits
	an offense if the person knowingly manufactures, delivers, or
	possesses with intent to deliver a controlled substance listed in:
	(1)  Penalty Group 2; or
	(2)  Penalty Group 2-A.
	(b)  An offense under Subsection (a)(1) [(a)] is a state jail
	felony if the amount of the controlled substance to which the
	offense applies is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	(b-1)  An offense under Subsection (a)(2) is a felony of the
	third degree if the amount of the controlled substance to which the
	offense applies is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 3.  Section 481.115(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 4.  Section 481.1151(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under this section is:
	(1)  a Class A misdemeanor [state jail felony] if the
	number of abuse units of the controlled substance is fewer than 20;
	(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.
	SECTION 5.  Section 481.116(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 6.  Article 42A.056, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
	SUPERVISION. A defendant is not eligible for community supervision
	under Article 42A.055 if the defendant:
	(1)  is sentenced to a term of imprisonment that
	exceeds 10 years;
	(2)  is convicted of an offense [a state jail felony]
	for which suspension of the imposition of the sentence occurs
	automatically under Article 42A.551;
	(3)  is adjudged guilty of an offense under Section
	19.02, Penal Code;
	(4)  is convicted of an offense under Section
	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
	offense was younger than 14 years of age at the time the offense was
	committed;
	(5)  is convicted of an offense under Section 20.04,
	Penal Code, if:
	(A)  the victim of the offense was younger than 14
	years of age at the time the offense was committed; and
	(B)  the actor committed the offense with the
	intent to violate or abuse the victim sexually;
	(6)  is convicted of an offense under Section 20A.02,
	43.05, or 43.25, Penal Code; or
	(7)  is convicted of an offense for which punishment is
	increased under Section 481.134(c), (d), (e), or (f), Health and
	Safety Code, if it is shown that the defendant has been previously
	convicted of an offense for which punishment was increased under
	any of those subsections.
	SECTION 7.  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)(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
	(2) [(3)]  under Section 481.121(b)(3), Health and
	Safety Code, possessed more than one pound of marihuana.
	SECTION 8.  (a) Section 509.011(a), Government Code, as
	amended by this Act, applies only to a payment to a community
	supervision and corrections department based on a voucher submitted
	to the comptroller on or after September 1, 2017.
	(b)  Except as provided by Subsection (c) of this section:
	(1)  the change in law made by this Act applies only to
	an offense committed on or after the effective date of this Act; and
	(2)  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.
	(c)  In a criminal action pending on or commenced on or after
	the effective date of this Act, for an offense under Section
	481.115, 481.1151, or 481.116, Health and Safety Code, committed
	before the effective date, the defendant, if adjudged guilty, shall
	be assessed punishment under Section 481.115, 481.1151, or 481.116,
	Health and Safety Code, as applicable, as amended by this Act, if
	the defendant so elects by written motion filed with the trial court
	before the sentencing hearing begins.
	(d)  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.
	(e)  A defendant who elects by written motion to be assessed
	punishment under Section 481.115, 481.1151, or 481.116, Health and
	Safety Code, as applicable, as amended by this Act, is eligible for
	treatment, supervision, and care in accordance with Sections
	509.011(a) and (b), Government Code, as amended by this Act. A
	community supervision and corrections department established under
	Chapter 76, Government Code, is eligible to be paid for providing
	the treatment, supervision, and care in accordance with Sections
	509.011(a) and (b), Government Code, as amended by this Act. A
	municipality, county, or community supervision and corrections
	department established under Chapter 76, Government Code, may
	provide treatment, supervision, and care to the defendant under a
	grant made to the municipality, county, or department under Section
	509.011(b), Government Code, as amended by this Act.
	SECTION 9.  This Act takes effect September 1, 2017, but only
	if the 85th Legislature specifically includes a rider in the
	General Appropriations Act or in the Supplemental Appropriations
	Act that is contingent on this Act passing and becoming law, or that
	notes this Act has passed and will become law, and that appropriates
	money to implement the changes in law made by this Act to Section
	509.011, Government Code, during the state fiscal biennium
	beginning September 1, 2017. If the 85th Legislature does not
	include such a rider in the General Appropriations Act or in the
	Supplemental Appropriations Act, this Act has no effect.