By:  Allen                                                        H.B. No. 2668


A BILL TO BE ENTITLED
AN ACT
relating to corrections programs established for the punishment and supervision of persons convicted of offenses under the Texas Controlled Substance Act involving small amounts of controlled substances; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 76.003, Government Code, is amended by adding Subsection (b-1) to read as follows: (b-1) A judge of a drug court served by the department or a designee of the judge shall serve on the council. SECTION 2. Section 509.011, Government Code, is amended by adding Subsection (b-1) to read as follows: (b-1) The community justice assistance division, in making discretionary grants under Subsection (b), shall give priority to making grants to counties and community supervision and corrections departments that cooperatively perate a drug court program. SECTION 3. Chapter 469, Health and Safety Code, is amended by adding Section 469.0021 to read as follows: Sec. 469.0021. COOPERATION WITH COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT. In establishing and maintaining a program created under this chapter, the commissioners court shall cooperate with the community supervision and corrections department serving the county. SECTION 4. Section 481.115(b), Health and Safety Code, is amended to read as follows: (b) An offense under Subsection (a) is a Class A misdemeanor with mandatory intensive narcotics supervision or confinement [state jail felony] if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram. SECTION 5. Section 481.116(b), Health and Safety Code, is amended to read as follows: (b) An offense under Subsection (a) is a Class A misdemeanor with mandatory intensive narcotics supervision or confinement [state jail felony] if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram. SECTION 6. Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.106 to read as follows: Sec. 481.106. INTENSIVE NARCOTICS SUPERVISION OR CONFINEMENT. A defendant convicted under Subsections 481.115(b) or 481.116(b) of this chapter shall be punished by confinement in jail or supervision imposed by a drug court. The term of confinement and period of supervision imposed by a drug court may not exceed two years in length. The term of confinement imposed by a drug court may not exceed a total of one year in length. SECTION 7. This Act takes effect September 1, 2003.