82R3444 JSC-D
By: Wentworth S.B. No. 1593
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain evidence obtained solely
as the direct result of a request for emergency medical services for
an overdose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. EMERGENCY MEDICAL SERVICES FOR ALCOHOL OR
CONTROLLED SUBSTANCE OVERDOSE
Sec. 161.051. DEFINITIONS. In this chapter:
(1) "Controlled substance" and "drug" have the
meanings assigned by Section 481.002, Health and Safety Code.
(2) "Dangerous drug" has the meaning assigned by
Section 483.001, Health and Safety Code.
(3) "Emergency medical services" means services used
to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or
psychological illness or injury.
(4) "Intoxicated" has the meaning assigned by Section
49.01, Penal Code.
Sec. 161.052. ADMISSIBILITY OF EVIDENCE OBTAINED AS RESULT
OF CERTAIN REQUESTS FOR EMERGENCY MEDICAL SERVICES. Evidence
obtained solely as the direct result of a request made in good faith
for emergency medical services in response to a person's possible
overdose of alcohol or of a controlled substance, drug, dangerous
drug, or other substance may not be admitted as evidence or
otherwise disclosed in any civil, criminal, or administrative
proceeding to show that a person:
(1) possessed or consumed alcohol;
(2) possessed or consumed a controlled substance,
drug, dangerous drug, or other substance; or
(3) was intoxicated.
SECTION 2. The change in law made by this Act applies to
evidence obtained as the direct result of a request for emergency
medical services made on or after the effective date of this Act.
Evidence obtained as the direct result of a request for emergency
medical services made before the effective date of this Act is
covered by the law as it existed at the time the request was made,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.