85R13236 JSC-F     By: Collier H.B. No. 3841       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for possession of a small amount of a   substance in Penalty Group 1 under the Texas Controlled Substances   Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 481.115(b) and (c), Health and Safety   Code, are 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.          (c)  An offense under Subsection (a) is a state jail felony   [of the third degree] 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 2.  Sections 481.134(c), (d), and (e), 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), 481.113(c), (d), or (e),   481.114(c), (d), or (e), 481.115(d), (e), or (f) [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; 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(c)   [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; or                (2)  on a school bus.          (e)  An offense otherwise punishable under Section   481.115(b), 481.117(b), 481.119(a), 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; or                (2)  on a school bus.          SECTION 3.  Article 42A.551(a), Code of Criminal Procedure,   is 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(c)    [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.          SECTION 4.  (a)  Except as provided by Subsection (b) 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.          (b)  In a criminal action pending on or commenced on or after   the effective date of this Act, for an offense under Section   481.115(b) or (c), Health and Safety Code, committed before the   effective date, the defendant, if adjudged guilty, shall be   assessed punishment under Section 481.115(b) or (c), Health and   Safety Code, as amended by this Act, if the defendant so elects by   written motion filed with the trial court before the sentencing   hearing begins.          (c)  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.          SECTION 5.  This Act takes effect September 1, 2017.