85R2868 JSC-F
By: Guillen, Bernal, et al. H.B. No. 73
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) to read as follows:
(g) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(h) The defense to prosecution provided by Subsection (g) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(i) The defense to prosecution provided by Subsection (g)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (g) is not available.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 4. Section 481.1161, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 5. Section 481.117, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 6. Section 481.118, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 7. Section 481.119, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (b) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 8. Section 481.121, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 9. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) to read as follows:
(g) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(h) The defense to prosecution provided by Subsection (g) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(i) The defense to prosecution provided by Subsection (g)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (g) is not available.
SECTION 10. Section 483.041, Health and Safety Code, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(f) The defense to prosecution provided by Subsection (e) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(g) The defense to prosecution provided by Subsection (e)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (e) is not available.
SECTION 11. Section 485.031, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
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, 2017.