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.