80th Legislature: Several Interesting Criminal Justice Bills By Dutton

State Rep. Harold Dutton (D-Houston) has filed a number of interesting criminal justice bills that deserve a look today.

First, HB 758 lessens criminal penalties for possession of marijuana. It would make possession of one ounce or less of marijuana a Class C misdemeanor unless the defendant was convicted multiple times of the same offense in a two year period.

Next, HB 759 would lower the penalties on some controlled substances down to misdemeanors.

HB 799 would alter the expunction procedures in state law, including placing the burden on prosecutors to file for expunctions in certain instances.

HB 786 would prohibit a school administrator from refering a student to law enforcement because of that student’s conduct in violation of a school code of conduct in instance when an administrator knows the conduct is not a criminal offense.

HB 798 would add the following language to the Search & Seizures section of the Code of Criminal Procedure:

A peace officer who stops a motor vehicle for any alleged violation of a law or ordinance regulating traffic may not request the operator of the motor vehicle for consent to search the vehicle, unless the peace officer has probable cause or another legal basis for the search.