HBA-KMH H.B. 2018 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2018
By: Farabee
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no substantial penalty for the offender who is
repeatedly convicted for possession of small amounts of marihuana.  An
offender is routinely placed in county jail without being required to
attend drug treatment or drug education programs in order to deter further
violations.  Studies have suggested that marihuana is a "gate-way" drug,
(one that leads to more serious drug use and addiction).  State jails offer
drug education programs for inmates.  In addition, the stiffer penalty may
provide a further deterrent and decrease recidivism. 

H.B. 2018 raises the penalty for an offense of possession of marihuana to a
state jail felony if the amount of marihuana is four ounces or less and the
person has been at least twice convicted previously of the same or similar
offenses involving marihuana. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 481.121(b), Health and Safety Code, to raise the
penalty for an offense under this section to a state jail felony if the
quantity of marihuana possessed is four ounces or less and it is shown on
the trial of the offense that the person has been previously convicted two
or more times of an offense under this section (Offense: Possession of
Marihuana), Section 481.120 (Offense: Delivery of Marihuana), or Section
481.122 (Offense: Delivery of Controlled Substance or Marihuana to Minor),
or any combination of those offenses. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.