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.