HBA-JLV C.S.H.B. 3384 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3384 By: Kitchen Criminal Jurisprudence 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law provides that an offense relating to the possession, use, or delivery of drug paraphernalia is a Class C misdemeanor. Enhanced penalties for such offenses for repeat and habitual offenders could serve as a deterrent to increased drug use. Many would also like to see more options for handling offenders and their substance abuse problems by encouraging their participation in rehabilitation programs. C.S.H.B. 3384 provides enhanced penalties and an option for community supervision for repeat and habitual misdemeanor drug paraphernalia offenders. 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. 3384 amends the Health and Safety Code and the Code of Criminal Procedure to set forth provisions relating to punishments for the offense of the use or possession of drug paraphernalia. The bill provides that an offense where a person knowingly or intentionally uses or possesses with intent to use drug paraphernalia is considered a Class C misdemeanor, unless it is shown on the trial of the defendant that the defendant has been convicted three or more times within the 24 months preceding the date of commission of the instant offense, in which event the offense is punishable as a Class B misdemeanor. On such an offense, the bill requires the court to place the defendant on community supervision. The bill provides that a defendant is not to be placed on community supervision if it is shown at the punishment phase of a trial of a defendant that the defendant has already been convicted of such a Class B misdemeanor and has already been placed on community supervision. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3384 modifies the original to provide that if a defendant is convicted three or more times before the date of the commission of an offense relating to the use or possession of drug paraphernalia, then the offense is punishable as a Class B misdemeanor and the court is required to place the defendant on community supervision. If the defendant has already been placed under community supervision, the defendant is not permitted to be placed on community supervision for a subsequent offense. The substitute removes provisions requiring that a defendant who has been convicted three or more times in the 24 months preceding the date of the offense for an offense where a person knowingly or intentionally uses or possesses drug paraphernalia with intent to use to be punished by a fine not to exceed $2,000 or confinement in jail not to exceed 180 days or both the fine and confinement.