Texas 2019 - 86th Regular

Texas House Bill HB2432 Compare Versions

Only one version of the bill is available at this time.
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11 86R9325 JSC-D
22 By: Raney H.B. No. 2432
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a defense to prosecution for certain offenses involving
88 possession of small amounts of controlled substances and other
99 prohibited drugs, substances, chemicals, or paraphernalia for
1010 defendants seeking assistance for a suspected overdose.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 481.115, Health and Safety Code, is
1313 amended by adding Subsections (g), (h), and (i) to read as follows:
1414 (g) It is a defense to prosecution for an offense punishable
1515 under Subsection (b) that the actor:
1616 (1) was the first person to request emergency medical
1717 assistance in response to the possible overdose of another person
1818 and:
1919 (A) made the request for medical assistance
2020 during an ongoing medical emergency;
2121 (B) remained on the scene until the medical
2222 assistance arrived; and
2323 (C) cooperated with medical assistance and law
2424 enforcement personnel; or
2525 (2) was the victim of a possible overdose for which
2626 emergency medical assistance was requested, by the actor or by
2727 another person, during an ongoing medical emergency.
2828 (h) The defense to prosecution provided by Subsection (g) is
2929 not available if:
3030 (1) at the time the request for emergency medical
3131 assistance was made:
3232 (A) a peace officer was in the process of
3333 arresting the actor or executing a search warrant describing the
3434 actor or the place from which the request for medical assistance was
3535 made; or
3636 (B) the actor is committing another offense,
3737 other than an offense punishable under Section 481.1151(b)(1),
3838 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
3939 481.121(b)(1) or (2), or an offense under Section 481.119(b),
4040 481.125(a), 483.041(a), or 485.031(a);
4141 (2) the actor has been previously convicted of or
4242 placed on deferred adjudication community supervision for an
4343 offense under this chapter or Chapter 483 or 485; or
4444 (3) the actor was acquitted in a previous proceeding
4545 in which the actor successfully established the defense under that
4646 subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
4747 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
4848 483.041(e), or 485.031(c).
4949 (i) The defense to prosecution provided by Subsection (g)
5050 does not preclude the admission of evidence obtained by law
5151 enforcement resulting from the request for emergency medical
5252 assistance if that evidence pertains to an offense for which the
5353 defense described by Subsection (g) is not available.
5454 SECTION 2. Section 481.1151, Health and Safety Code, is
5555 amended by adding Subsections (c), (d), and (e) to read as follows:
5656 (c) It is a defense to prosecution for an offense punishable
5757 under Subsection (b)(1) that the actor:
5858 (1) was the first person to request emergency medical
5959 assistance in response to the possible overdose of another person
6060 and:
6161 (A) made the request for medical assistance
6262 during an ongoing medical emergency;
6363 (B) remained on the scene until the medical
6464 assistance arrived; and
6565 (C) cooperated with medical assistance and law
6666 enforcement personnel; or
6767 (2) was the victim of a possible overdose for which
6868 emergency medical assistance was requested, by the actor or by
6969 another person, during an ongoing medical emergency.
7070 (d) The defense to prosecution provided by Subsection (c) is
7171 not available if:
7272 (1) at the time the request for emergency medical
7373 assistance was made:
7474 (A) a peace officer was in the process of
7575 arresting the actor or executing a search warrant describing the
7676 actor or the place from which the request for medical assistance was
7777 made; or
7878 (B) the actor is committing another offense,
7979 other than an offense punishable under Section 481.115(b),
8080 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
8181 481.121(b)(1) or (2), or an offense under Section 481.119(b),
8282 481.125(a), 483.041(a), or 485.031(a);
8383 (2) the actor has been previously convicted of or
8484 placed on deferred adjudication community supervision for an
8585 offense under this chapter or Chapter 483 or 485; or
8686 (3) the actor was acquitted in a previous proceeding
8787 in which the actor successfully established the defense under that
8888 subsection or Section 481.115(g), 481.116(f), 481.1161(c),
8989 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
9090 483.041(e), or 485.031(c).
9191 (e) The defense to prosecution provided by Subsection (c)
9292 does not preclude the admission of evidence obtained by law
9393 enforcement resulting from the request for emergency medical
9494 assistance if that evidence pertains to an offense for which the
9595 defense described by Subsection (c) is not available.
9696 SECTION 3. Section 481.116, Health and Safety Code, is
9797 amended by adding Subsections (f), (g), and (h) to read as follows:
9898 (f) It is a defense to prosecution for an offense punishable
9999 under Subsection (b) that the actor:
100100 (1) was the first person to request emergency medical
101101 assistance in response to the possible overdose of another person
102102 and:
103103 (A) made the request for medical assistance
104104 during an ongoing medical emergency;
105105 (B) remained on the scene until the medical
106106 assistance arrived; and
107107 (C) cooperated with medical assistance and law
108108 enforcement personnel; or
109109 (2) was the victim of a possible overdose for which
110110 emergency medical assistance was requested, by the actor or by
111111 another person, during an ongoing medical emergency.
112112 (g) The defense to prosecution provided by Subsection (f) is
113113 not available if:
114114 (1) at the time the request for emergency medical
115115 assistance was made:
116116 (A) a peace officer was in the process of
117117 arresting the actor or executing a search warrant describing the
118118 actor or the place from which the request for medical assistance was
119119 made; or
120120 (B) the actor is committing another offense,
121121 other than an offense punishable under Section 481.115(b),
122122 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
123123 481.121(b)(1) or (2), or an offense under Section 481.119(b),
124124 481.125(a), 483.041(a), or 485.031(a);
125125 (2) the actor has been previously convicted of or
126126 placed on deferred adjudication community supervision for an
127127 offense under this chapter or Chapter 483 or 485; or
128128 (3) the actor was acquitted in a previous proceeding
129129 in which the actor successfully established the defense under that
130130 subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
131131 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
132132 483.041(e), or 485.031(c).
133133 (h) The defense to prosecution provided by Subsection (f)
134134 does not preclude the admission of evidence obtained by law
135135 enforcement resulting from the request for emergency medical
136136 assistance if that evidence pertains to an offense for which the
137137 defense described by Subsection (f) is not available.
138138 SECTION 4. Section 481.1161, Health and Safety Code, is
139139 amended by adding Subsections (c), (d), and (e) to read as follows:
140140 (c) It is a defense to prosecution for an offense punishable
141141 under Subsection (b)(1) or (2) that the actor:
142142 (1) was the first person to request emergency medical
143143 assistance in response to the possible overdose of another person
144144 and:
145145 (A) made the request for medical assistance
146146 during an ongoing medical emergency;
147147 (B) remained on the scene until the medical
148148 assistance arrived; and
149149 (C) cooperated with medical assistance and law
150150 enforcement personnel; or
151151 (2) was the victim of a possible overdose for which
152152 emergency medical assistance was requested, by the actor or by
153153 another person, during an ongoing medical emergency.
154154 (d) The defense to prosecution provided by Subsection (c) is
155155 not available if:
156156 (1) at the time the request for emergency medical
157157 assistance was made:
158158 (A) a peace officer was in the process of
159159 arresting the actor or executing a search warrant describing the
160160 actor or the place from which the request for medical assistance was
161161 made; or
162162 (B) the actor is committing another offense,
163163 other than an offense punishable under Section 481.115(b),
164164 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
165165 481.121(b)(1) or (2), or an offense under Section 481.119(b),
166166 481.125(a), 483.041(a), or 485.031(a);
167167 (2) the actor has been previously convicted of or
168168 placed on deferred adjudication community supervision for an
169169 offense under this chapter or Chapter 483 or 485; or
170170 (3) the actor was acquitted in a previous proceeding
171171 in which the actor successfully established the defense under that
172172 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
173173 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
174174 483.041(e), or 485.031(c).
175175 (e) The defense to prosecution provided by Subsection (c)
176176 does not preclude the admission of evidence obtained by law
177177 enforcement resulting from the request for emergency medical
178178 assistance if that evidence pertains to an offense for which the
179179 defense described by Subsection (c) is not available.
180180 SECTION 5. Section 481.117, Health and Safety Code, is
181181 amended by adding Subsections (f), (g), and (h) to read as follows:
182182 (f) It is a defense to prosecution for an offense punishable
183183 under Subsection (b) that the actor:
184184 (1) was the first person to request emergency medical
185185 assistance in response to the possible overdose of another person
186186 and:
187187 (A) made the request for medical assistance
188188 during an ongoing medical emergency;
189189 (B) remained on the scene until the medical
190190 assistance arrived; and
191191 (C) cooperated with medical assistance and law
192192 enforcement personnel; or
193193 (2) was the victim of a possible overdose for which
194194 emergency medical assistance was requested, by the actor or by
195195 another person, during an ongoing medical emergency.
196196 (g) The defense to prosecution provided by Subsection (f) is
197197 not available if:
198198 (1) at the time the request for emergency medical
199199 assistance was made:
200200 (A) a peace officer was in the process of
201201 arresting the actor or executing a search warrant describing the
202202 actor or the place from which the request for medical assistance was
203203 made; or
204204 (B) the actor is committing another offense,
205205 other than an offense punishable under Section 481.115(b),
206206 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
207207 481.121(b)(1) or (2), or an offense under Section 481.119(b),
208208 481.125(a), 483.041(a), or 485.031(a);
209209 (2) the actor has been previously convicted of or
210210 placed on deferred adjudication community supervision for an
211211 offense under this chapter or Chapter 483 or 485; or
212212 (3) the actor was acquitted in a previous proceeding
213213 in which the actor successfully established the defense under that
214214 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
215215 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
216216 483.041(e), or 485.031(c).
217217 (h) The defense to prosecution provided by Subsection (f)
218218 does not preclude the admission of evidence obtained by law
219219 enforcement resulting from the request for emergency medical
220220 assistance if that evidence pertains to an offense for which the
221221 defense described by Subsection (f) is not available.
222222 SECTION 6. Section 481.118, Health and Safety Code, is
223223 amended by adding Subsections (f), (g), and (h) to read as follows:
224224 (f) It is a defense to prosecution for an offense punishable
225225 under Subsection (b) that the actor:
226226 (1) was the first person to request emergency medical
227227 assistance in response to the possible overdose of another person
228228 and:
229229 (A) made the request for medical assistance
230230 during an ongoing medical emergency;
231231 (B) remained on the scene until the medical
232232 assistance arrived; and
233233 (C) cooperated with medical assistance and law
234234 enforcement personnel; or
235235 (2) was the victim of a possible overdose for which
236236 emergency medical assistance was requested, by the actor or by
237237 another person, during an ongoing medical emergency.
238238 (g) The defense to prosecution provided by Subsection (f) is
239239 not available if:
240240 (1) at the time the request for emergency medical
241241 assistance was made:
242242 (A) a peace officer was in the process of
243243 arresting the actor or executing a search warrant describing the
244244 actor or the place from which the request for medical assistance was
245245 made; or
246246 (B) the actor is committing another offense,
247247 other than an offense punishable under Section 481.115(b),
248248 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
249249 481.121(b)(1) or (2), or an offense under Section 481.119(b),
250250 481.125(a), 483.041(a), or 485.031(a);
251251 (2) the actor has been previously convicted of or
252252 placed on deferred adjudication community supervision for an
253253 offense under this chapter or Chapter 483 or 485; or
254254 (3) the actor was acquitted in a previous proceeding
255255 in which the actor successfully established the defense under that
256256 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
257257 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
258258 483.041(e), or 485.031(c).
259259 (h) The defense to prosecution provided by Subsection (f)
260260 does not preclude the admission of evidence obtained by law
261261 enforcement resulting from the request for emergency medical
262262 assistance if that evidence pertains to an offense for which the
263263 defense described by Subsection (f) is not available.
264264 SECTION 7. Section 481.119, Health and Safety Code, is
265265 amended by adding Subsections (c), (d), and (e) to read as follows:
266266 (c) It is a defense to prosecution for an offense under
267267 Subsection (b) that the actor:
268268 (1) was the first person to request emergency medical
269269 assistance in response to the possible overdose of another person
270270 and:
271271 (A) made the request for medical assistance
272272 during an ongoing medical emergency;
273273 (B) remained on the scene until the medical
274274 assistance arrived; and
275275 (C) cooperated with medical assistance and law
276276 enforcement personnel; or
277277 (2) was the victim of a possible overdose for which
278278 emergency medical assistance was requested, by the actor or by
279279 another person, during an ongoing medical emergency.
280280 (d) The defense to prosecution provided by Subsection (c) is
281281 not available if:
282282 (1) at the time the request for emergency medical
283283 assistance was made:
284284 (A) a peace officer was in the process of
285285 arresting the actor or executing a search warrant describing the
286286 actor or the place from which the request for medical assistance was
287287 made; or
288288 (B) the actor is committing another offense,
289289 other than an offense punishable under Section 481.115(b),
290290 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
291291 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
292292 481.125(a), 483.041(a), or 485.031(a);
293293 (2) the actor has been previously convicted of or
294294 placed on deferred adjudication community supervision for an
295295 offense under this chapter or Chapter 483 or 485; or
296296 (3) the actor was acquitted in a previous proceeding
297297 in which the actor successfully established the defense under that
298298 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
299299 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
300300 483.041(e), or 485.031(c).
301301 (e) The defense to prosecution provided by Subsection (c)
302302 does not preclude the admission of evidence obtained by law
303303 enforcement resulting from the request for emergency medical
304304 assistance if that evidence pertains to an offense for which the
305305 defense described by Subsection (c) is not available.
306306 SECTION 8. Section 481.121, Health and Safety Code, is
307307 amended by adding Subsections (c), (d), and (e) to read as follows:
308308 (c) It is a defense to prosecution for an offense punishable
309309 under Subsection (b)(1) or (2) that the actor:
310310 (1) was the first person to request emergency medical
311311 assistance in response to the possible overdose of another person
312312 and:
313313 (A) made the request for medical assistance
314314 during an ongoing medical emergency;
315315 (B) remained on the scene until the medical
316316 assistance arrived; and
317317 (C) cooperated with medical assistance and law
318318 enforcement personnel; or
319319 (2) was the victim of a possible overdose for which
320320 emergency medical assistance was requested, by the actor or by
321321 another person, during an ongoing medical emergency.
322322 (d) The defense to prosecution provided by Subsection (c) is
323323 not available if:
324324 (1) at the time the request for emergency medical
325325 assistance was made:
326326 (A) a peace officer was in the process of
327327 arresting the actor or executing a search warrant describing the
328328 actor or the place from which the request for medical assistance was
329329 made; or
330330 (B) the actor is committing another offense,
331331 other than an offense punishable under Section 481.115(b),
332332 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
333333 481.118(b), or an offense under Section 481.119(b), 481.125(a),
334334 483.041(a), or 485.031(a);
335335 (2) the actor has been previously convicted of or
336336 placed on deferred adjudication community supervision for an
337337 offense under this chapter or Chapter 483 or 485; or
338338 (3) the actor was acquitted in a previous proceeding
339339 in which the actor successfully established the defense under that
340340 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
341341 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
342342 483.041(e), or 485.031(c).
343343 (e) The defense to prosecution provided by Subsection (c)
344344 does not preclude the admission of evidence obtained by law
345345 enforcement resulting from the request for emergency medical
346346 assistance if that evidence pertains to an offense for which the
347347 defense described by Subsection (c) is not available.
348348 SECTION 9. Section 481.125, Health and Safety Code, is
349349 amended by adding Subsections (g), (h), and (i) to read as follows:
350350 (g) It is a defense to prosecution for an offense under
351351 Subsection (a) that the actor:
352352 (1) was the first person to request emergency medical
353353 assistance in response to the possible overdose of another person
354354 and:
355355 (A) made the request for medical assistance
356356 during an ongoing medical emergency;
357357 (B) remained on the scene until the medical
358358 assistance arrived; and
359359 (C) cooperated with medical assistance and law
360360 enforcement personnel; or
361361 (2) was the victim of a possible overdose for which
362362 emergency medical assistance was requested, by the actor or by
363363 another person, during an ongoing medical emergency.
364364 (h) The defense to prosecution provided by Subsection (g) is
365365 not available if:
366366 (1) at the time the request for emergency medical
367367 assistance was made:
368368 (A) a peace officer was in the process of
369369 arresting the actor or executing a search warrant describing the
370370 actor or the place from which the request for medical assistance was
371371 made; or
372372 (B) the actor is committing another offense,
373373 other than an offense punishable under Section 481.115(b),
374374 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
375375 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
376376 481.119(b), 483.041(a), or 485.031(a);
377377 (2) the actor has been previously convicted of or
378378 placed on deferred adjudication community supervision for an
379379 offense under this chapter or Chapter 483 or 485; or
380380 (3) the actor was acquitted in a previous proceeding
381381 in which the actor successfully established the defense under that
382382 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
383383 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
384384 483.041(e), or 485.031(c).
385385 (i) The defense to prosecution provided by Subsection (g)
386386 does not preclude the admission of evidence obtained by law
387387 enforcement resulting from the request for emergency medical
388388 assistance if that evidence pertains to an offense for which the
389389 defense described by Subsection (g) is not available.
390390 SECTION 10. Section 483.041, Health and Safety Code, is
391391 amended by adding Subsections (e), (f), and (g) to read as follows:
392392 (e) It is a defense to prosecution for an offense under
393393 Subsection (a) that the actor:
394394 (1) was the first person to request emergency medical
395395 assistance in response to the possible overdose of another person
396396 and:
397397 (A) made the request for medical assistance
398398 during an ongoing medical emergency;
399399 (B) remained on the scene until the medical
400400 assistance arrived; and
401401 (C) cooperated with medical assistance and law
402402 enforcement personnel; or
403403 (2) was the victim of a possible overdose for which
404404 emergency medical assistance was requested, by the actor or by
405405 another person, during an ongoing medical emergency.
406406 (f) The defense to prosecution provided by Subsection (e) is
407407 not available if:
408408 (1) at the time the request for emergency medical
409409 assistance was made:
410410 (A) a peace officer was in the process of
411411 arresting the actor or executing a search warrant describing the
412412 actor or the place from which the request for medical assistance was
413413 made; or
414414 (B) the actor is committing another offense,
415415 other than an offense punishable under Section 481.115(b),
416416 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
417417 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
418418 481.119(b), 481.125(a), or 485.031(a);
419419 (2) the actor has been previously convicted of or
420420 placed on deferred adjudication community supervision for an
421421 offense under this chapter or Chapter 481 or 485; or
422422 (3) the actor was acquitted in a previous proceeding
423423 in which the actor successfully established the defense under that
424424 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
425425 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
426426 481.125(g), or 485.031(c).
427427 (g) The defense to prosecution provided by Subsection (e)
428428 does not preclude the admission of evidence obtained by law
429429 enforcement resulting from the request for emergency medical
430430 assistance if that evidence pertains to an offense for which the
431431 defense described by Subsection (e) is not available.
432432 SECTION 11. Section 485.031, Health and Safety Code, is
433433 amended by adding Subsections (c), (d), and (e) to read as follows:
434434 (c) It is a defense to prosecution for an offense under
435435 Subsection (a) that the actor:
436436 (1) was the first person to request emergency medical
437437 assistance in response to the possible overdose of another person
438438 and:
439439 (A) made the request for medical assistance
440440 during an ongoing medical emergency;
441441 (B) remained on the scene until the medical
442442 assistance arrived; and
443443 (C) cooperated with medical assistance and law
444444 enforcement personnel; or
445445 (2) was the victim of a possible overdose for which
446446 emergency medical assistance was requested, by the actor or by
447447 another person, during an ongoing medical emergency.
448448 (d) The defense to prosecution provided by Subsection (c) is
449449 not available if:
450450 (1) at the time the request for emergency medical
451451 assistance was made:
452452 (A) a peace officer was in the process of
453453 arresting the actor or executing a search warrant describing the
454454 actor or the place from which the request for medical assistance was
455455 made; or
456456 (B) the actor is committing another offense,
457457 other than an offense punishable under Section 481.115(b),
458458 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
459459 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
460460 481.119(b), 481.125(a), or 483.041(a);
461461 (2) the actor has been previously convicted of or
462462 placed on deferred adjudication community supervision for an
463463 offense under this chapter or Chapter 481 or 483; or
464464 (3) the actor was acquitted in a previous proceeding
465465 in which the actor successfully established the defense under that
466466 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
467467 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
468468 481.125(g), or 483.041(e).
469469 (e) The defense to prosecution provided by Subsection (c)
470470 does not preclude the admission of evidence obtained by law
471471 enforcement resulting from the request for emergency medical
472472 assistance if that evidence pertains to an offense for which the
473473 defense described by Subsection (c) is not available.
474474 SECTION 12. The change in law made by this Act applies only
475475 to an offense committed on or after the effective date of this Act.
476476 An offense committed before the effective date of this Act is
477477 governed by the law in effect on the date the offense was committed,
478478 and the former law is continued in effect for that purpose. For
479479 purposes of this section, an offense was committed before the
480480 effective date of this Act if any element of the offense occurred
481481 before that date.
482482 SECTION 13. This Act takes effect September 1, 2019.