88R11794 JSC-D     By: Garcia H.B. No. 2601       A BILL TO BE ENTITLED   AN ACT   relating to the criminal penalties for possession of marihuana.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 481.121(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class C [B misdemeanor if the amount of marihuana   possessed is two ounces or less;                [(2) a Class A] misdemeanor if the amount of marihuana   possessed is four ounces or less [but more than two ounces];                (2) [(3)]  a state jail felony if the amount of   marihuana possessed is five pounds or less but more than four   ounces;                (3) [(4)]  a felony of the third degree if the amount of   marihuana possessed is 50 pounds or less but more than 5 pounds;                (4) [(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                (5) [(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)  It is a defense to prosecution for an offense punishable   under Subsection (b)(1) [or (2)] that the 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 2.  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) 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 3.  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)(2)   [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)(2) [481.121(b)(3)],   Health and Safety Code, possessed more than one pound of marihuana.          SECTION 4.  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);                      [(C)] Section 31.03, Penal Code, if the offense is   punishable under Subsection (e)(1) or (2); or                      (C) [(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 5.  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) [or (2)], or an offense under 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 6.  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) [or (2)], or an offense under 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 7.  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) [or (2)], or an offense under 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 8.  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) [or (2)], or an offense under 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 9.  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) [or (2)], or an offense under 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 10.  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) [or (2)], or an offense under 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 11.  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) [or (2)], or an 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 12.  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) [or (2)], or an 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 13.  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 Subsection (b)(4) of that   section [Section 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   Subsection (b)(4) of that section [Section 481.121(b)(5)].          SECTION 14.  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)(3), (4), or   (5) [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;                (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 15.  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)(2) [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;                (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), or 481.120(b)(2)[, or 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;                (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), or 481.120(b)(1)[, or 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;                (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 16.  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) [or (2)], or an 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 17.  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) [or (2)], or an 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 18.  (a) Except as otherwise provided by Subsection   (b) of this section, 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 subsection, an offense was committed before the   effective date of this Act if any element of the offense was   committed before that date.          (b)  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,   2023, except that a final conviction for an offense that exists on   September 1, 2023, is unaffected by this Act.          SECTION 19.  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 20.  This Act takes effect September 1, 2023.