relating to the criminal penalties for certain controlled substance
offenses; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.112(e) and (f), Health and Safety
Code, are amended to read as follows:
(e) An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 200 grams or
more but less than 400 grams.
(f) An offense under Subsection (a) is 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 amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 2. Section 481.1121(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;
(2) a felony of the second degree if the number of
abuse units of the controlled substance is 20 or more but fewer than
80;
(3) a felony of the first degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000; and
(4) 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 4,000 or more.
SECTION 3. Sections 481.1123(b), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(b) An offense under Subsection (a) is a [state jail] felony
of the third degree if the amount of the controlled substance to
which the offense applies is, by aggregate weight, including
adulterants or dilutants, less than one gram.
(d) An offense under Subsection (a) is 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 10 years, and a fine not to exceed $20,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, four grams or
more but less than 200 grams.
(e) An offense under Subsection (a) is 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 $200,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 200 grams or
more but less than 400 grams.
(f) An offense under Subsection (a) is 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 20 years, and a fine not to exceed $500,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 4. Section 481.113(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount
of the controlled substance to which the offense applies is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 5. Section 481.114(e), Health and Safety Code, is
amended to read as follows:
(e) An offense under Subsection (a) is 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 Statutes affected: Introduced: Health and Safety Code 481.112, Health and Safety Code 481.1121, Health and Safety Code 481.1123, Health and Safety Code 481.113, Health and Safety Code 481.114, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.120, Health and Safety Code 481.121, Health and Safety Code 481.126, Penal Code 71.02 (Penal Code 71, Health and Safety Code 481)