88R7856 JSC-F
 
  By: Dutton H.B. No. 2446
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the criminal penalties for possession 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), (b)(3), or (b-1)
[(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; or
             (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)(3), Health and Safety
Code, possessed more than one pound of marihuana].
       SECTION 3.  Article 45.051, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
       (h)  This subsection applies only to a defendant charged with
an offense under Section 481.121, Health and Safety Code, who is
granted a deferral under Subsection (a) of this section. In
addition to any other requirement, the judge shall, during the
deferral period, require that the defendant successfully complete a
drug abuse awareness and education program approved by the Texas
Department of Licensing and Regulation.
       SECTION 4.  Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
       (a)  A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
             (1)  the person is tried for the offense for which the
person was arrested and is:
                   (A)  acquitted by the trial court, except as
provided by Subsection (c);
                   (B)  convicted and subsequently:
                         (i)  pardoned for a reason other than that
described by Subparagraph (ii); or
                         (ii)  pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; [or]
                   (C)  convicted of an offense committed before
September 1, 2021, under Section 46.02(a), Penal Code, as that
section existed before that date; or
   

Statutes affected:
Introduced: Government Code 411.0728, 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 481.119, Health and Safety Code 481.121, Health and Safety Code 481.125, Health and Safety Code 481.126, Health and Safety Code 481.134, Health and Safety Code 483.041, Health and Safety Code 485.031 (Health and Safety Code 481, Health and Safety Code 485, Health and Safety Code 483, Government Code 411)