HBA-AMW H.B. 1028 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1028
By: Wilson
Criminal Jurisprudence
4/2/2001
Introduced


BACKGROUND AND PURPOSE 

Under current law, the penalties for possession of marihuana range from
180-day confinement for possession of two ounces or less of marihuana to
imprisonment in the institutional division of the Texas Department of
Criminal Justice for life for possession of more than 2,000 pounds of
marihuana.  In addition, current law does not delineate between the
possession of marihuana and the possession of concentrated cannabis, which
is the separated resin, whether crude or purified, obtained from marihuana.
House Bill 1028 lessens the penalties for the possession of marihuana,
delineates between possession of marihuana and possession of concentrated
cannabis, and establishes community supervision requirements for certain
repeat offenders of possession of marihuana or of concentrated cannabis. 

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. 

ANALYSIS

House Bill 1028 amends the Health and Safety Code and the Code of Criminal
Procedure to modify the penalties for possession of marihuana.  The bill
delineates between possession of concentrated cannabis and possession of
other forms of marihuana.  The bill defines "concentrated cannabis" to mean
the separated resin, whether crude or purified, obtained from marihuana.
The bill provides that it is a Class B misdemeanor for possession of any
amount of concentrated cannabis.  The bill also decreases from a Class B
misdemeanor to a Class C misdemeanor the penalty for possession of two
ounces or less of marihuana .  The bill provides that the penalty for
possession of more than two ounces of marihuana is a Class B misdemeanor
regardless of the amount of marihuana possessed. 

The bill requires a defendant in a criminal action regarding possession of
marihuana pending on or commenced on or after September 1, 2001, if
adjudged guilty, to be assessed these penalties if the defendant files a
written motion with the trial court before the sentencing hearing begins.
H.B. 1028 removes possession of marihuana from provisions regarding the
expenditure of funds knowingly derived from certain offenses and enhanced
penalties for offenses in a drug free zone. 

The bill amends the Code of Criminal Procedure to require a court granting
community supervision to a defendant convicted three or more times within a
two-year period of possession of marihuana to require as a condition of
community supervision that the defendant attend an education, treatment, or
rehabilitation program for drug offenders as specified or approved by the
judge or the community supervision and corrections department officer
supervising the defendant.  The bill requires the judge to suspend the
imposition of the fine applicable to the marihuana possession offense if a
defendant is placed on community supervision and requires the fine to be
dismissed if the defendant successfully completes the education, treatment,
or rehabilitation program. 

EFFECTIVE DATE

September 1, 2001.