83R22249 JSC-D
By: Johnson H.B. No. 1743
Substitute the following for H.B. No. 1743:
By: Herrero C.S.H.B. No. 1743
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses involving
controlled substances and other prohibited drugs, substances, or
paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 4. Section 481.1161, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) or (2) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 5. Section 481.117, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 6. Section 481.118, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 7. Section 481.119, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution under Subsection (b) that
the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 8. Section 481.121, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) or (2) that the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 9. Section 481.125, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution under Subsection (a) that
the actor:
(1) requested emergency medical assistance in
response to the possible controlled substance overdose of another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 10. Section 483.041, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) It is a defense to prosecution under Subsection (a) that
the actor:
(1) requested emergency medical assistance in
response to the possible dangerous drug overdose of another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 11. Section 485.031, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution under Subsection (a) that
the actor:
(1) requested emergency medical assistance in
response to the possible abusable volatile chemical overdose of
another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1);
(3) remained on the scene until the medical assistance
arrived; and
(4) cooperated with medical assistance and law
enforcement personnel.
SECTION 12. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 13. This Act takes effect September 1, 2013.