Texas 2015 - 84th Regular

Texas House Bill HB1099 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R389 GCB-D
2	2	By: Johnson H.B. No. 1099
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of certain offenses involving the
8	8	delivery or possession of controlled substances and other
9	9	prohibited drugs, substances, or paraphernalia.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.112, Health and Safety Code, is
12	12	amended by adding Subsection (g) to read as follows:
13	13	(g) It is an exception to the application of an offense
14	14	punishable under Subsection (b), other than an offense committed by
15	15	manufacturing a controlled substance, that the actor:
16	16	(1) requested emergency medical assistance in
17	17	response to the possible controlled substance overdose of another
18	18	person;
19	19	(2) was the first person to make a request for medical
20	20	assistance under Subdivision (1);
21	21	(3) remained on the scene until the medical assistance
22	22	arrived; and
23	23	(4) cooperated with medical assistance and law
24	24	enforcement personnel.
25	25	SECTION 2. Section 481.1121, Health and Safety Code, is
26	26	amended by adding Subsection (c) to read as follows:
27	27	(c) It is an exception to the application of an offense
28	28	punishable under Subsection (b)(1), other than an offense committed
29	29	by manufacturing a controlled substance, that the actor:
30	30	(1) requested emergency medical assistance in
31	31	response to the possible controlled substance overdose of another
32	32	person;
33	33	(2) was the first person to make a request for medical
34	34	assistance under Subdivision (1);
35	35	(3) remained on the scene until the medical assistance
36	36	arrived; and
37	37	(4) cooperated with medical assistance and law
38	38	enforcement personnel.
39	39	SECTION 3. Section 481.113, Health and Safety Code, is
40	40	amended by adding Subsection (f) to read as follows:
41	41	(f) It is an exception to the application of an offense
42	42	punishable under Subsection (b), other than an offense committed by
43	43	manufacturing a controlled substance, that the actor:
44	44	(1) requested emergency medical assistance in
45	45	response to the possible controlled substance overdose of another
46	46	person;
47	47	(2) was the first person to make a request for medical
48	48	assistance under Subdivision (1);
49	49	(3) remained on the scene until the medical assistance
50	50	arrived; and
51	51	(4) cooperated with medical assistance and law
52	52	enforcement personnel.
53	53	SECTION 4. Section 481.114, Health and Safety Code, is
54	54	amended by adding Subsection (f) to read as follows:
55	55	(f) It is an exception to the application of an offense
56	56	punishable under Subsection (b), other than an offense committed by
57	57	manufacturing a controlled substance, that the actor:
58	58	(1) requested emergency medical assistance in
59	59	response to the possible controlled substance overdose of another
60	60	person;
61	61	(2) was the first person to make a request for medical
62	62	assistance under Subdivision (1);
63	63	(3) remained on the scene until the medical assistance
64	64	arrived; and
65	65	(4) cooperated with medical assistance and law
66	66	enforcement personnel.
67	67	SECTION 5. Section 481.115, Health and Safety Code, is
68	68	amended by adding Subsection (g) to read as follows:
69	69	(g) It is an exception to the application of an offense
70	70	punishable under Subsection (b) that the actor:
71	71	(1) requested emergency medical assistance in
72	72	response to the possible controlled substance overdose of another
73	73	person;
74	74	(2) was the first person to make a request for medical
75	75	assistance under Subdivision (1);
76	76	(3) remained on the scene until the medical assistance
77	77	arrived; and
78	78	(4) cooperated with medical assistance and law
79	79	enforcement personnel.
80	80	SECTION 6. Section 481.1151, Health and Safety Code, is
81	81	amended by adding Subsection (c) to read as follows:
82	82	(c) It is an exception to the application of an offense
83	83	punishable under Subsection (b)(1) that the actor:
84	84	(1) requested emergency medical assistance in
85	85	response to the possible controlled substance overdose of another
86	86	person;
87	87	(2) was the first person to make a request for medical
88	88	assistance under Subdivision (1);
89	89	(3) remained on the scene until the medical assistance
90	90	arrived; and
91	91	(4) cooperated with medical assistance and law
92	92	enforcement personnel.
93	93	SECTION 7. Section 481.116, Health and Safety Code, is
94	94	amended by adding Subsection (f) to read as follows:
95	95	(f) It is an exception to the application of an offense
96	96	punishable under Subsection (b) that the actor:
97	97	(1) requested emergency medical assistance in
98	98	response to the possible controlled substance overdose of another
99	99	person;
100	100	(2) was the first person to make a request for medical
101	101	assistance under Subdivision (1);
102	102	(3) remained on the scene until the medical assistance
103	103	arrived; and
104	104	(4) cooperated with medical assistance and law
105	105	enforcement personnel.
106	106	SECTION 8. Section 481.1161, Health and Safety Code, is
107	107	amended by adding Subsection (c) to read as follows:
108	108	(c) It is an exception to the application of an offense
109	109	punishable under Subsection (b)(1) or (2) that the actor:
110	110	(1) requested emergency medical assistance in
111	111	response to the possible controlled substance overdose of another
112	112	person;
113	113	(2) was the first person to make a request for medical
114	114	assistance under Subdivision (1);
115	115	(3) remained on the scene until the medical assistance
116	116	arrived; and
117	117	(4) cooperated with medical assistance and law
118	118	enforcement personnel.
119	119	SECTION 9. Section 481.117, Health and Safety Code, is
120	120	amended by adding Subsection (f) to read as follows:
121	121	(f) It is an exception to the application of an offense
122	122	punishable under Subsection (b) that the actor:
123	123	(1) requested emergency medical assistance in
124	124	response to the possible controlled substance overdose of another
125	125	person;
126	126	(2) was the first person to make a request for medical
127	127	assistance under Subdivision (1);
128	128	(3) remained on the scene until the medical assistance
129	129	arrived; and
130	130	(4) cooperated with medical assistance and law
131	131	enforcement personnel.
132	132	SECTION 10. Section 481.118, Health and Safety Code, is
133	133	amended by adding Subsection (f) to read as follows:
134	134	(f) It is an exception to the application of an offense
135	135	punishable under Subsection (b) that the actor:
136	136	(1) requested emergency medical assistance in
137	137	response to the possible controlled substance overdose of another
138	138	person;
139	139	(2) was the first person to make a request for medical
140	140	assistance under Subdivision (1);
141	141	(3) remained on the scene until the medical assistance
142	142	arrived; and
143	143	(4) cooperated with medical assistance and law
144	144	enforcement personnel.
145	145	SECTION 11. Section 481.119, Health and Safety Code, is
146	146	amended by adding Subsection (c) to read as follows:
147	147	(c) It is an exception to the application of an offense
148	148	under Subsection (a) or (b), other than an offense committed by
149	149	manufacturing a controlled substance, that the actor:
150	150	(1) requested emergency medical assistance in
151	151	response to the possible controlled substance overdose of another
152	152	person;
153	153	(2) was the first person to make a request for medical
154	154	assistance under Subdivision (1);
155	155	(3) remained on the scene until the medical assistance
156	156	arrived; and
157	157	(4) cooperated with medical assistance and law
158	158	enforcement personnel.
159	159	SECTION 12. Section 481.120, Health and Safety Code, is
160	160	amended by adding Subsection (c) to read as follows:
161	161	(c) It is an exception to the application of an offense
162	162	punishable under Subsection (b)(1) or (2) that the actor:
163	163	(1) requested emergency medical assistance in
164	164	response to the possible controlled substance overdose of another
165	165	person;
166	166	(2) was the first person to make a request for medical
167	167	assistance under Subdivision (1);
168	168	(3) remained on the scene until the medical assistance
169	169	arrived; and
170	170	(4) cooperated with medical assistance and law
171	171	enforcement personnel.
172	172	SECTION 13. Section 481.121, Health and Safety Code, is
173	173	amended by adding Subsection (c) to read as follows:
174	174	(c) It is an exception to the application of an offense
175	175	punishable under Subsection (b)(1) or (2) that the actor:
176	176	(1) requested emergency medical assistance in
177	177	response to the possible controlled substance overdose of another
178	178	person;
179	179	(2) was the first person to make a request for medical
180	180	assistance under Subdivision (1);
181	181	(3) remained on the scene until the medical assistance
182	182	arrived; and
183	183	(4) cooperated with medical assistance and law
184	184	enforcement personnel.
185	185	SECTION 14. Section 481.122, Health and Safety Code, is
186	186	amended by adding Subsection (c-1) to read as follows:
187	187	(c-1) It is an exception to the application of this section
188	188	that the actor:
189	189	(1) requested emergency medical assistance in
190	190	response to the possible controlled substance overdose of another
191	191	person;
192	192	(2) was the first person to make a request for medical
193	193	assistance under Subdivision (1);
194	194	(3) remained on the scene until the medical assistance
195	195	arrived; and
196	196	(4) cooperated with medical assistance and law
197	197	enforcement personnel.
198	198	SECTION 15. Section 481.125, Health and Safety Code, is
199	199	amended by adding Subsection (g) to read as follows:
200	200	(g) It is an exception to the application of Subsection (a)
201	201	or an offense under Subsection (b), other than an offense committed
202	202	by manufacturing drug paraphernalia, that the actor:
203	203	(1) requested emergency medical assistance in
204	204	response to the possible controlled substance overdose of another
205	205	person;
206	206	(2) was the first person to make a request for medical
207	207	assistance under Subdivision (1);
208	208	(3) remained on the scene until the medical assistance
209	209	arrived; and
210	210	(4) cooperated with medical assistance and law
211	211	enforcement personnel.
212	212	SECTION 16. Section 483.041, Health and Safety Code, is
213	213	amended by adding Subsection (e) to read as follows:
214	214	(e) It is an exception to the application of Subsection (a)
215	215	that the actor:
216	216	(1) requested emergency medical assistance in
217	217	response to the possible dangerous drug overdose of another person;
218	218	(2) was the first person to make a request for medical
219	219	assistance under Subdivision (1);
220	220	(3) remained on the scene until the medical assistance
221	221	arrived; and
222	222	(4) cooperated with medical assistance and law
223	223	enforcement personnel.
224	224	SECTION 17. Section 483.042, Health and Safety Code, is
225	225	amended by adding Subsection (g) to read as follows:
226	226	(g) It is an exception to the application of this section
227	227	that the actor:
228	228	(1) requested emergency medical assistance in
229	229	response to the possible dangerous drug overdose of another person;
230	230	(2) was the first person to make a request for medical
231	231	assistance under Subdivision (1);
232	232	(3) remained on the scene until the medical assistance
233	233	arrived; and
234	234	(4) cooperated with medical assistance and law
235	235	enforcement personnel.
236	236	SECTION 18. Section 485.031, Health and Safety Code, is
237	237	amended by adding Subsection (c) to read as follows:
238	238	(c) It is an exception to the application of this section
239	239	that the actor:
240	240	(1) requested emergency medical assistance in
241	241	response to the possible abusable volatile chemical overdose of
242	242	another person;
243	243	(2) was the first person to make a request for medical
244	244	assistance under Subdivision (1);
245	245	(3) remained on the scene until the medical assistance
246	246	arrived; and
247	247	(4) cooperated with medical assistance and law
248	248	enforcement personnel.
249	249	SECTION 19. Section 485.032, Health and Safety Code, is
250	250	amended by adding Subsection (c-1) to read as follows:
251	251	(c-1) It is an exception to the application of this section
252	252	that the actor:
253	253	(1) requested emergency medical assistance in
254	254	response to the possible abusable volatile chemical overdose of
255	255	another person;
256	256	(2) was the first person to make a request for medical
257	257	assistance under Subdivision (1);
258	258	(3) remained on the scene until the medical assistance
259	259	arrived; and
260	260	(4) cooperated with medical assistance and law
261	261	enforcement personnel.
262	262	SECTION 20. Section 485.033, Health and Safety Code, is
263	263	amended by adding Subsection (d) to read as follows:
264	264	(d) It is an exception to the application of Subsection (a)
265	265	or an offense under Subsection (b), other than an offense committed
266	266	by manufacturing inhalant paraphernalia, that the actor:
267	267	(1) requested emergency medical assistance in
268	268	response to the possible abusable volatile chemical overdose of
269	269	another person;
270	270	(2) was the first person to make a request for medical
271	271	assistance under Subdivision (1);
272	272	(3) remained on the scene until the medical assistance
273	273	arrived; and
274	274	(4) cooperated with medical assistance and law
275	275	enforcement personnel.
276	276	SECTION 21. The change in law made by this Act applies only
277	277	to an offense committed on or after the effective date of this Act.
278	278	An offense committed before the effective date of this Act is
279	279	governed by the law in effect on the date the offense was committed,
280	280	and the former law is continued in effect for that purpose. For
281	281	purposes of this section, an offense was committed before the
282	282	effective date of this Act if any element of the offense occurred
283	283	before that date.
284	284	SECTION 22. This Act takes effect September 1, 2015.