Texas House Bill HB73

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.

Impact

The implementation of HB 73 modifies the Health and Safety Code by amending and adding specific subsections that delineate the circumstances under which the defense to prosecution is applicable. It clearly sets criteria that must be met for the defense to be invoked, helping to prevent the chilling effect that fears of arrest might have on individuals needing to call for medical help. Notably, this legislation is expected to positively impact drug overdose prevention efforts by removing barriers for those who might otherwise hesitate to seek life-saving assistance.

Summary

House Bill 73 establishes a legal defense for individuals charged with certain offenses involving possession of small amounts of controlled substances when they seek emergency medical assistance for themselves or another person experiencing a suspected overdose. The bill allows individuals who are the first to call for help in a medical emergency to use this defense, provided they remain on the scene and cooperate with medical personnel and law enforcement. This approach aims to encourage those in crisis to seek timely help without the fear of prosecution, which could save lives during critical situations.

Sentiment

The general sentiment towards HB 73 is largely positive among advocates of public health and harm reduction, who view the bill as a significant step forward in addressing the opioid crisis and promoting safer environments during medical emergencies. Supporters argue that the measure will enhance community health by ensuring that emergency assistance is sought without legal repercussions. However, there may be concerns from some law enforcement and community members about the implications of encouraging drug use or undermining the enforcement of drug laws.

Contention

While HB 73 is generally welcomed, it does present possible points of contention regarding how law enforcement might balance the need to enforce drug laws while also protecting those who seek medical assistance. Critics might argue that the law could be misused by individuals who engage in illegal drug activities, claiming protection under the new defense. Therefore, ongoing discussions regarding appropriate safeguards against abuse of this provision and its clear delineation from standard enforcement practices will be essential as the bill is enacted.