85R1593 GCB-D     By: Wu H.B. No. 680       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of and penalties for possession of 0.35   ounces or less 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) 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 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)    [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 3.  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 0.35 ounces or less;                (2)  a Class B misdemeanor if the amount of marihuana   possessed is two ounces or less but more than 0.35 ounces;                (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 4.  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 5.  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 6.  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 7.  The amendments of Sections 481.121 and 481.134,   Health and Safety Code, 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, Health and Safety Code,   before, on, or after September 1, 2017, except that a final   conviction for an offense that exists on September 1, 2017, is   unaffected by this Act.          SECTION 8.  This Act takes effect September 1, 2017.