Texas Senate Bill SB1651

Texas 2017 - 85th Regular

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 proposed amendments introduce specific defenses against prosecution if a person is the first to call for medical assistance in a medical emergency related to an overdose, and remains on the scene while aiding law enforcement and medical personnel. If a person is found to be assisting in good faith during an overdose situation, they would be exempt from prosecution, ensuring that help is prioritized over penalization. This provision is a significant shift in the approach to dealing with drug-related emergencies, focusing on saving lives rather than criminalizing individuals seeking help.

Summary

Senate Bill 1651 seeks to amend the Texas Health and Safety Code by providing a legal defense for individuals who possess small amounts of controlled substances or drug paraphernalia when they seek help for someone experiencing a suspected overdose. The intent behind this bill is to encourage individuals to call emergency services without fear of legal repercussions, promoting a public health approach to drug overdoses. As it stands, those who assist during an overdose situation by calling for medical help could potentially be penalized under current possession laws; this bill hopes to change that dynamic.

Contention

While the bill may facilitate immediate assistance to those in trouble, it also raises questions around the potential for abuse of the defense. Critics may argue that the lack of accountability could lead to situations where individuals exploit the law to evade legal consequences for possession or other drug-related offenses. Additional conditions in the bill, such as excluding the defense if law enforcement is already in the process of arresting the individual during the emergency call, aim to mitigate this concern. However, discussions around the balance between aiding overdose victims and ensuring proper enforcement of drug laws may lead to ongoing debates in legislative circles.