Texas 2017 - 85th Regular

Texas House Bill HB73 Compare Versions

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1	1	85R2868 JSC-F
2	2	By: Guillen, Bernal, et al. H.B. No. 73
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a defense to prosecution for certain offenses involving
8	8	possession of small amounts of controlled substances and other
9	9	prohibited drugs, substances, or paraphernalia for defendants
10	10	seeking assistance for a suspected overdose.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 481.115, Health and Safety Code, is
13	13	amended by adding Subsections (g), (h), and (i) to read as follows:
14	14	(g) It is a defense to prosecution for an offense punishable
15	15	under Subsection (b) that the actor:
16	16	(1) was the first person to request emergency medical
17	17	assistance in response to the possible overdose of another person
18	18	and:
19	19	(A) made the request for medical assistance
20	20	during an ongoing medical emergency;
21	21	(B) remained on the scene until the medical
22	22	assistance arrived; and
23	23	(C) cooperated with medical assistance and law
24	24	enforcement personnel; or
25	25	(2) was the victim of a possible overdose for which
26	26	emergency medical assistance was requested, by the actor or by
27	27	another person, during an ongoing medical emergency.
28	28	(h) The defense to prosecution provided by Subsection (g) is
29	29	not available if, at the time the request for emergency medical
30	30	assistance was made, a peace officer was in the process of arresting
31	31	the actor or executing a search warrant describing the actor or the
32	32	place from which the request for medical assistance was made.
33	33	(i) The defense to prosecution provided by Subsection (g)
34	34	does not preclude the admission of evidence obtained by law
35	35	enforcement resulting from the request for emergency medical
36	36	assistance if that evidence pertains to an offense for which the
37	37	defense described by Subsection (g) is not available.
38	38	SECTION 2. Section 481.1151, Health and Safety Code, is
39	39	amended by adding Subsections (c), (d), and (e) to read as follows:
40	40	(c) It is a defense to prosecution for an offense punishable
41	41	under Subsection (b)(1) that the actor:
42	42	(1) was the first person to request emergency medical
43	43	assistance in response to the possible overdose of another person
44	44	and:
45	45	(A) made the request for medical assistance
46	46	during an ongoing medical emergency;
47	47	(B) remained on the scene until the medical
48	48	assistance arrived; and
49	49	(C) cooperated with medical assistance and law
50	50	enforcement personnel; or
51	51	(2) was the victim of a possible overdose for which
52	52	emergency medical assistance was requested, by the actor or by
53	53	another person, during an ongoing medical emergency.
54	54	(d) The defense to prosecution provided by Subsection (c) is
55	55	not available if, at the time the request for emergency medical
56	56	assistance was made, a peace officer was in the process of arresting
57	57	the actor or executing a search warrant describing the actor or the
58	58	place from which the request for medical assistance was made.
59	59	(e) The defense to prosecution provided by Subsection (c)
60	60	does not preclude the admission of evidence obtained by law
61	61	enforcement resulting from the request for emergency medical
62	62	assistance if that evidence pertains to an offense for which the
63	63	defense described by Subsection (c) is not available.
64	64	SECTION 3. Section 481.116, Health and Safety Code, is
65	65	amended by adding Subsections (f), (g), and (h) to read as follows:
66	66	(f) It is a defense to prosecution for an offense punishable
67	67	under Subsection (b) that the actor:
68	68	(1) was the first person to request emergency medical
69	69	assistance in response to the possible overdose of another person
70	70	and:
71	71	(A) made the request for medical assistance
72	72	during an ongoing medical emergency;
73	73	(B) remained on the scene until the medical
74	74	assistance arrived; and
75	75	(C) cooperated with medical assistance and law
76	76	enforcement personnel; or
77	77	(2) was the victim of a possible overdose for which
78	78	emergency medical assistance was requested, by the actor or by
79	79	another person, during an ongoing medical emergency.
80	80	(g) The defense to prosecution provided by Subsection (f) is
81	81	not available if, at the time the request for emergency medical
82	82	assistance was made, a peace officer was in the process of arresting
83	83	the actor or executing a search warrant describing the actor or the
84	84	place from which the request for medical assistance was made.
85	85	(h) The defense to prosecution provided by Subsection (f)
86	86	does not preclude the admission of evidence obtained by law
87	87	enforcement resulting from the request for emergency medical
88	88	assistance if that evidence pertains to an offense for which the
89	89	defense described by Subsection (f) is not available.
90	90	SECTION 4. Section 481.1161, Health and Safety Code, is
91	91	amended by adding Subsections (c), (d), and (e) to read as follows:
92	92	(c) It is a defense to prosecution for an offense punishable
93	93	under Subsection (b)(1) or (2) that the actor:
94	94	(1) was the first person to request emergency medical
95	95	assistance in response to the possible overdose of another person
96	96	and:
97	97	(A) made the request for medical assistance
98	98	during an ongoing medical emergency;
99	99	(B) remained on the scene until the medical
100	100	assistance arrived; and
101	101	(C) cooperated with medical assistance and law
102	102	enforcement personnel; or
103	103	(2) was the victim of a possible overdose for which
104	104	emergency medical assistance was requested, by the actor or by
105	105	another person, during an ongoing medical emergency.
106	106	(d) The defense to prosecution provided by Subsection (c) is
107	107	not available if, at the time the request for emergency medical
108	108	assistance was made, a peace officer was in the process of arresting
109	109	the actor or executing a search warrant describing the actor or the
110	110	place from which the request for medical assistance was made.
111	111	(e) The defense to prosecution provided by Subsection (c)
112	112	does not preclude the admission of evidence obtained by law
113	113	enforcement resulting from the request for emergency medical
114	114	assistance if that evidence pertains to an offense for which the
115	115	defense described by Subsection (c) is not available.
116	116	SECTION 5. Section 481.117, Health and Safety Code, is
117	117	amended by adding Subsections (f), (g), and (h) to read as follows:
118	118	(f) It is a defense to prosecution for an offense punishable
119	119	under Subsection (b) that the actor:
120	120	(1) was the first person to request emergency medical
121	121	assistance in response to the possible overdose of another person
122	122	and:
123	123	(A) made the request for medical assistance
124	124	during an ongoing medical emergency;
125	125	(B) remained on the scene until the medical
126	126	assistance arrived; and
127	127	(C) cooperated with medical assistance and law
128	128	enforcement personnel; or
129	129	(2) was the victim of a possible overdose for which
130	130	emergency medical assistance was requested, by the actor or by
131	131	another person, during an ongoing medical emergency.
132	132	(g) The defense to prosecution provided by Subsection (f) is
133	133	not available if, at the time the request for emergency medical
134	134	assistance was made, a peace officer was in the process of arresting
135	135	the actor or executing a search warrant describing the actor or the
136	136	place from which the request for medical assistance was made.
137	137	(h) The defense to prosecution provided by Subsection (f)
138	138	does not preclude the admission of evidence obtained by law
139	139	enforcement resulting from the request for emergency medical
140	140	assistance if that evidence pertains to an offense for which the
141	141	defense described by Subsection (f) is not available.
142	142	SECTION 6. Section 481.118, Health and Safety Code, is
143	143	amended by adding Subsections (f), (g), and (h) to read as follows:
144	144	(f) It is a defense to prosecution for an offense punishable
145	145	under Subsection (b) that the actor:
146	146	(1) was the first person to request emergency medical
147	147	assistance in response to the possible overdose of another person
148	148	and:
149	149	(A) made the request for medical assistance
150	150	during an ongoing medical emergency;
151	151	(B) remained on the scene until the medical
152	152	assistance arrived; and
153	153	(C) cooperated with medical assistance and law
154	154	enforcement personnel; or
155	155	(2) was the victim of a possible overdose for which
156	156	emergency medical assistance was requested, by the actor or by
157	157	another person, during an ongoing medical emergency.
158	158	(g) The defense to prosecution provided by Subsection (f) is
159	159	not available if, at the time the request for emergency medical
160	160	assistance was made, a peace officer was in the process of arresting
161	161	the actor or executing a search warrant describing the actor or the
162	162	place from which the request for medical assistance was made.
163	163	(h) The defense to prosecution provided by Subsection (f)
164	164	does not preclude the admission of evidence obtained by law
165	165	enforcement resulting from the request for emergency medical
166	166	assistance if that evidence pertains to an offense for which the
167	167	defense described by Subsection (f) is not available.
168	168	SECTION 7. Section 481.119, Health and Safety Code, is
169	169	amended by adding Subsections (c), (d), and (e) to read as follows:
170	170	(c) It is a defense to prosecution for an offense under
171	171	Subsection (b) that the actor:
172	172	(1) was the first person to request emergency medical
173	173	assistance in response to the possible overdose of another person
174	174	and:
175	175	(A) made the request for medical assistance
176	176	during an ongoing medical emergency;
177	177	(B) remained on the scene until the medical
178	178	assistance arrived; and
179	179	(C) cooperated with medical assistance and law
180	180	enforcement personnel; or
181	181	(2) was the victim of a possible overdose for which
182	182	emergency medical assistance was requested, by the actor or by
183	183	another person, during an ongoing medical emergency.
184	184	(d) The defense to prosecution provided by Subsection (c) is
185	185	not available if, at the time the request for emergency medical
186	186	assistance was made, a peace officer was in the process of arresting
187	187	the actor or executing a search warrant describing the actor or the
188	188	place from which the request for medical assistance was made.
189	189	(e) The defense to prosecution provided by Subsection (c)
190	190	does not preclude the admission of evidence obtained by law
191	191	enforcement resulting from the request for emergency medical
192	192	assistance if that evidence pertains to an offense for which the
193	193	defense described by Subsection (c) is not available.
194	194	SECTION 8. Section 481.121, Health and Safety Code, is
195	195	amended by adding Subsections (c), (d), and (e) to read as follows:
196	196	(c) It is a defense to prosecution for an offense punishable
197	197	under Subsection (b)(1) or (2) that the actor:
198	198	(1) was the first person to request emergency medical
199	199	assistance in response to the possible overdose of another person
200	200	and:
201	201	(A) made the request for medical assistance
202	202	during an ongoing medical emergency;
203	203	(B) remained on the scene until the medical
204	204	assistance arrived; and
205	205	(C) cooperated with medical assistance and law
206	206	enforcement personnel; or
207	207	(2) was the victim of a possible overdose for which
208	208	emergency medical assistance was requested, by the actor or by
209	209	another person, during an ongoing medical emergency.
210	210	(d) The defense to prosecution provided by Subsection (c) is
211	211	not available if, at the time the request for emergency medical
212	212	assistance was made, a peace officer was in the process of arresting
213	213	the actor or executing a search warrant describing the actor or the
214	214	place from which the request for medical assistance was made.
215	215	(e) The defense to prosecution provided by Subsection (c)
216	216	does not preclude the admission of evidence obtained by law
217	217	enforcement resulting from the request for emergency medical
218	218	assistance if that evidence pertains to an offense for which the
219	219	defense described by Subsection (c) is not available.
220	220	SECTION 9. Section 481.125, Health and Safety Code, is
221	221	amended by adding Subsections (g), (h), and (i) to read as follows:
222	222	(g) It is a defense to prosecution for an offense under
223	223	Subsection (a) that the actor:
224	224	(1) was the first person to request emergency medical
225	225	assistance in response to the possible overdose of another person
226	226	and:
227	227	(A) made the request for medical assistance
228	228	during an ongoing medical emergency;
229	229	(B) remained on the scene until the medical
230	230	assistance arrived; and
231	231	(C) cooperated with medical assistance and law
232	232	enforcement personnel; or
233	233	(2) was the victim of a possible overdose for which
234	234	emergency medical assistance was requested, by the actor or by
235	235	another person, during an ongoing medical emergency.
236	236	(h) The defense to prosecution provided by Subsection (g) is
237	237	not available if, at the time the request for emergency medical
238	238	assistance was made, a peace officer was in the process of arresting
239	239	the actor or executing a search warrant describing the actor or the
240	240	place from which the request for medical assistance was made.
241	241	(i) The defense to prosecution provided by Subsection (g)
242	242	does not preclude the admission of evidence obtained by law
243	243	enforcement resulting from the request for emergency medical
244	244	assistance if that evidence pertains to an offense for which the
245	245	defense described by Subsection (g) is not available.
246	246	SECTION 10. Section 483.041, Health and Safety Code, is
247	247	amended by adding Subsections (e), (f), and (g) to read as follows:
248	248	(e) It is a defense to prosecution for an offense under
249	249	Subsection (a) that the actor:
250	250	(1) was the first person to request emergency medical
251	251	assistance in response to the possible overdose of another person
252	252	and:
253	253	(A) made the request for medical assistance
254	254	during an ongoing medical emergency;
255	255	(B) remained on the scene until the medical
256	256	assistance arrived; and
257	257	(C) cooperated with medical assistance and law
258	258	enforcement personnel; or
259	259	(2) was the victim of a possible overdose for which
260	260	emergency medical assistance was requested, by the actor or by
261	261	another person, during an ongoing medical emergency.
262	262	(f) The defense to prosecution provided by Subsection (e) is
263	263	not available if, at the time the request for emergency medical
264	264	assistance was made, a peace officer was in the process of arresting
265	265	the actor or executing a search warrant describing the actor or the
266	266	place from which the request for medical assistance was made.
267	267	(g) The defense to prosecution provided by Subsection (e)
268	268	does not preclude the admission of evidence obtained by law
269	269	enforcement resulting from the request for emergency medical
270	270	assistance if that evidence pertains to an offense for which the
271	271	defense described by Subsection (e) is not available.
272	272	SECTION 11. Section 485.031, Health and Safety Code, is
273	273	amended by adding Subsections (c), (d), and (e) to read as follows:
274	274	(c) It is a defense to prosecution for an offense under
275	275	Subsection (a) that the actor:
276	276	(1) was the first person to request emergency medical
277	277	assistance in response to the possible overdose of another person
278	278	and:
279	279	(A) made the request for medical assistance
280	280	during an ongoing medical emergency;
281	281	(B) remained on the scene until the medical
282	282	assistance arrived; and
283	283	(C) cooperated with medical assistance and law
284	284	enforcement personnel; or
285	285	(2) was the victim of a possible overdose for which
286	286	emergency medical assistance was requested, by the actor or by
287	287	another person, during an ongoing medical emergency.
288	288	(d) The defense to prosecution provided by Subsection (c) is
289	289	not available if, at the time the request for emergency medical
290	290	assistance was made, a peace officer was in the process of arresting
291	291	the actor or executing a search warrant describing the actor or the
292	292	place from which the request for medical assistance was made.
293	293	(e) The defense to prosecution provided by Subsection (c)
294	294	does not preclude the admission of evidence obtained by law
295	295	enforcement resulting from the request for emergency medical
296	296	assistance if that evidence pertains to an offense for which the
297	297	defense described by Subsection (c) is not available.
298	298	SECTION 12. The change in law made by this Act applies only
299	299	to an offense committed on or after the effective date of this Act.
300	300	An offense committed before the effective date of this Act is
301	301	governed by the law in effect on the date the offense was committed,
302	302	and the former law is continued in effect for that purpose. For
303	303	purposes of this section, an offense was committed before the
304	304	effective date of this Act if any element of the offense occurred
305	305	before that date.
306	306	SECTION 13. This Act takes effect September 1, 2017.