HB2183 - Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

  89R1783 LHC-D     By: Meza H.B. No. 2183       A BILL TO BE ENTITLED   AN ACT   relating to criminal penalties for possession offenses under the   Texas Controlled Substances Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. POSSESSION OFFENSE PENALTIES          SECTION 1.01.  Section 481.115(c), Health and Safety Code,   is amended to read as follows:          (c)  An offense under Subsection (a) is a felony of the third   degree with a maximum term of imprisonment of five years if the   amount of the controlled substance possessed is, by aggregate   weight, including adulterants or dilutants, one gram or more [ but   less than four grams ].          SECTION 1.02.  Section 481.1151(b), Health and Safety Code,   is amended to read as follows:          (b)  An offense under this section is:                (1)  a state jail felony if the number of abuse units of   the controlled substance is fewer than 20; and                (2)  a felony of the third degree with a maximum term of   imprisonment of five years 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)     a felony of the first degree 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 1.03.  Section 481.116(c), Health and Safety Code,   is amended to read as follows:          (c)  An offense under Subsection (a) is a felony of the third   degree with a maximum term of imprisonment of five years if the   amount of the controlled substance possessed is, by aggregate   weight, including adulterants or dilutants, one gram or more [ but   less than four grams ].          SECTION 1.04.  Section 481.1161(b), Health and Safety Code,   is amended to read as follows:          (b)  An offense under this section is:                (1)  a Class B misdemeanor if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, two ounces or less;                (2)  a Class A misdemeanor if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, four ounces or less but more than two   ounces;                (3)  a state jail felony if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, five pounds or less but more than four ounces; and                (4)  a felony of the third degree with a maximum term of   imprisonment of five years if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, [ 50 pounds or less but ] more than 5 pounds[ ;                [ (5)     a felony of the second degree if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, 2,000 pounds or less but more than 50   pounds; and                [ (6)     a felony of the first degree 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 the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, more than 2,000 pounds ].          SECTION 1.05.  Section 481.117(c), Health and Safety Code,   is amended to read as follows:          (c)  An offense under Subsection (a) is a felony of the third   degree with a maximum term of imprisonment of five years if the   amount of the controlled substance possessed is, by aggregate   weight, including adulterants or dilutants, 28 grams or more [ but   less than 200 grams ].          SECTION 1.06.  Section 481.118(c), Health and Safety Code,   is amended to read as follows:          (c)  An offense under Subsection (a) is a felony of the third   degree with a maximum term of imprisonment of five years if the   amount of the controlled substance possessed is, by aggregate   weight, including adulterants or dilutants, 28 grams or more [ but   less than 200 grams ].          SECTION 1.07.  Section 481.121(b), Health and Safety Code,   is amended to read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class 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;                (3)  a state jail felony if the amount of marihuana   possessed is five pounds or less but more than four ounces; and                (4)  a felony of the third degree with a maximum term of   imprisonment of five years if the amount of marihuana possessed is   [ 50 pounds or less but ] more than 5 pounds[ ;                [ (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                [ (6)     a felony of the first degree 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 1.08.  Sections 481.134(c), (d), (e), and (f),   Health and Safety Code, are 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(b), (c), (d), (e), or   (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), or   [ 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)(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.          (d)  An offense otherwise punishable under Section   481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or     [ 481.115(b), 481.1151(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;                (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), ] 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 1.09.  The following provisions of the Health and   Safety Code are repealed:                (1)  Sections 481.115(d), (e), and (f);                (2)  Sections 481.116(d) and (e);                (3)  Sections 481.117(d) and (e); and                (4)  Sections 481.118(d) and (e).   ARTICLE 2. PRIOR CONVICTIONS          SECTION 2.01.  Subchapter D, Chapter 12, Penal Code, is   amended by adding Section 12.495 to read as follows:           Sec.   12.495.     DRUG POSSESSION OFFENSES NOT SUBJECT TO   ENHANCEMENT. Notwithstanding any other provision of this   subchapter:                 (1)     a previous conviction for an offense under Section   481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,   481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not   be used for enhancement purposes under this subchapter; and                 (2)     a previous conviction for any offense may not be   used for enhancing an offense under Section 481.115, 481.1151,   481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or   481.125(a), Health and Safety Code, under any provision of this   subchapter.   ARTICLE 3. CONFORMING CHANGES          [Text truncated for display. Full text available on Congress.gov.]