83R22256 JSC-D
 
  By: Dutton, Burnam, et al. H.B. No. 184
 
  Substitute the following for H.B. No. 184:
 
  By:  Herrero C.S.H.B. No. 184
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the penalties for possession of one ounce or less of
  marihuana or a synthetic cannabinoid by certain defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.109 to read as follows:
         Sec. 481.109.  REDUCTION OF PUNISHMENT FOR CERTAIN YOUTHFUL
  DEFENDANTS. (a) A court shall punish a defendant who is convicted
  of a Class B misdemeanor under Section 481.1161 or 481.121 by
  imposing the punishment for a Class C misdemeanor if:
               (1)  the defendant was younger than 21 years of age at
  the time of the commission of the offense;
               (2)  the amount of controlled substance or marihuana,
  as appropriate, possessed by the defendant was, by aggregate
  weight, including adulterants or dilutants, one ounce or less;
               (3)  the defendant has not been previously convicted of
  an offense under Section 481.1161 or 481.121 or an offense under the
  laws of another state that contains elements substantially similar
  to the elements of an offense under either of those sections; and
               (4)  the defendant agrees to complete a drug abuse
  awareness and education program approved by the Department of State
  Health Services.
         (b)  Except as provided by Subsection (c), for purposes of
  this chapter and other law, a defendant punished under this section
  is considered to be convicted of a Class C misdemeanor, and the
  conviction may not be used for purposes of enhancement.
         (c)  The court in which a defendant is punished under this
  section retains jurisdiction for 180 days for the limited purpose
  of determining whether the defendant has completed a drug abuse
  awareness and education program described by Subsection (a)(4). On
  a determination by the court that the defendant will not complete
  the program in a timely fashion, the court shall impose the
  punishment otherwise provided by Section 481.1161 or 481.121.
         SECTION 2.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 3.  This Act takes effect September 1, 2013.