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.