Texas 2013 - 83rd Regular

Texas House Bill HB1743

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution of certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia.

Impact

By providing legal defenses for individuals who assist others in overdose situations, HB 1743 attempts to address the public health crisis related to drug overdoses. This is particularly pertinent as overdose deaths have been rising in many communities. The new provisions aim to reduce the barrier to seeking medical help by alleviating concerns about arrest or prosecution for drug-related offenses. Consequently, this might foster a more supportive environment for those struggling with addiction, encouraging them to reach out for help when needed.

Summary

House Bill 1743 seeks to amend various sections of the Health and Safety Code in Texas, focusing on the prosecution of offenses related to controlled substances and other prohibited drugs. The bill introduces specific defenses to prosecution for individuals who request emergency medical assistance in the event of a drug overdose. This legislative measure is designed to encourage individuals to seek help in overdose situations without fear of legal repercussions, potentially improving public health outcomes related to substance abuse.

Contention

Nonetheless, the bill's implementation might not be without contention. Critics of the legislation may argue that it could inadvertently alleviate accountability for drug-related offenses, potentially leading to misuse of the provisions it creates. There may be concerns about how law enforcement will respond in overdose scenarios, particularly in terms of distinguishing between genuine requests for help versus exploitation of the defense provisions. The bill may also raise debates on the broader implications for drug policy in Texas, as it seeks to balance public health priorities with public safety and enforcement.

Companion Bills

No companion bills found.

Previously Filed As

TX HB224

Relating to removing criminal penalties for the possession or distribution of certain drug paraphernalia under the Texas Controlled Substances Act.

TX HB939

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

TX SB1183

Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

TX SB70

Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

TX SB30

Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

TX HB4173

Relating to state overdose prevention and control efforts and the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

TX HB4914

Relating to removing criminal penalties for possession of certain small amounts of controlled substances.

TX HB753

Relating to removing criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB218

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

Similar Bills

CA SB250

Controlled substances: punishment.

TX HB225

Relating to the prescription, administration, and possession of certain opioid antagonists for the treatment of a suspected overdose and a defense to prosecution for certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.

TX SB1921

Relating to the prosecution of certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia.

LA SB422

Provides immunity for rendering assistance in medical emergencies involving alcohol consumption or drug overdose. (8/1/14)

CA AB294

Correctional facilities: gassing.

VA HB2296

Illegal fentanyl; reckless exposure to certain persons, penalty

TX HB2690

Relating to the prevention of overdose deaths by providing a defense for prosecution for certain offenses involving the delivery or possession of controlled substances and other prohibited drugs, substances, or paraphernalia for certain persons who seek medical attention for a suspected opioid overdose, and the prescription, administration, and possession of certain opioid antagonists for the treatment of suspected opioid overdoses.

CA AB865

Military personnel: veterans: resentencing: mitigating circumstances.