LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 6, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB73 by Guillen (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.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to establish a defense to possession of a controlled substance in certain circumstances. The bill would create a defense to prosecution if the person was the first to request emergency medical assistance and met certain other criteria or if the person was the victim of a possible overdose for which emergency medical assistance was requested. The Office of Court Administration has indicated that while the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant impact on the state court system is anticipated. Local Government Impact While the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant fiscal impact on local courts is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety LBB Staff: UP, KJo, PBO LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 6, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB73 by Guillen (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.), As Introduced TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB73 by Guillen (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.), As Introduced Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB73 by Guillen (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.), As Introduced HB73 by Guillen (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.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to establish a defense to possession of a controlled substance in certain circumstances. The bill would create a defense to prosecution if the person was the first to request emergency medical assistance and met certain other criteria or if the person was the victim of a possible overdose for which emergency medical assistance was requested. The Office of Court Administration has indicated that while the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant impact on the state court system is anticipated. Local Government Impact While the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant fiscal impact on local courts is anticipated. Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety LBB Staff: UP, KJo, PBO UP, KJo, PBO