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


Office of House Bill AnalysisC.S.H.B. 1028
By: Wilson
Criminal Jurisprudence
4/29/2001
Committee Report (Substituted)


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 require a court that grants
community supervision to a defendant convicted three or more times within a
two-year period of possession of marihuana to require the defendant to
attend an education, treatment, or rehabilitation program.  C.S.H.B. 1028
decreases the penalty for the possession of less than two ounces of
marihuana and establishes community supervision requirements for certain
repeat offenders of possession of 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. 

ANALYSIS

C.S.H.B. 1028 amends the Health and Safety Code and the Code of Criminal
Procedure to decrease from a Class B misdemeanor to a Class C misdemeanor
the penalty for possession of two ounces or less of marihuana.  The bill
requires 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.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1028 modifies the original bill by restoring current law relating
to the penalties for possession of more than two ounces of marihuana, the
expenditure of funding knowingly derived from certain offenses, and
enhanced penalties for offenses in a drug free zone.  The substitute
removes from the original bill the definition of  "concentrated cannabis."
The substitute removes requirements regarding the filing of a written
motion by a defendant to be assessed the penalties in the original bill and
the suspension and dismissal of a fine for a defendant placed on community
supervision who completes the program for drug offenders.