Texas 2021 - 87th Regular

Texas House Bill HB1694 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1694
	1	+	By: Raney, et al. (Senate Sponsor - Schwertner) H.B. No. 1694
	2	+	(In the Senate - Received from the House April 22, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 6, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a defense to prosecution for certain offenses involving
6	12		possession of small amounts of controlled substances, marihuana,
7	13		dangerous drugs, or abusable volatile chemicals, or possession of
8	14		drug paraphernalia for defendants seeking assistance for a
9	15		suspected overdose.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. This Act may be cited as the Jessica Sosa Act.
12	18		SECTION 2. Section 481.115, Health and Safety Code, is
13	19		amended by adding Subsections (g), (h), and (i) to read as follows:
14	20		(g) It is a defense to prosecution for an offense punishable
15	21		under Subsection (b) that the actor:
16	22		(1) was the first person to request emergency medical
17	23		assistance in response to the possible overdose of another person
18	24		and:
19	25		(A) made the request for medical assistance
20	26		during an ongoing medical emergency;
21	27		(B) remained on the scene until the medical
22	28		assistance arrived; and
23	29		(C) cooperated with medical assistance and law
24	30		enforcement personnel; or
25	31		(2) was the victim of a possible overdose for which
26	32		emergency medical assistance was requested, by the actor or by
27	33		another person, during an ongoing medical emergency.
28	34		(h) The defense to prosecution provided by Subsection (g) is
29	35		not available if:
30	36		(1) at the time the request for emergency medical
31	37		assistance was made:
32	38		(A) a peace officer was in the process of
33	39		arresting the actor or executing a search warrant describing the
34	40		actor or the place from which the request for medical assistance was
35	41		made; or
36	42		(B) the actor is committing another offense,
37	43		other than an offense punishable under Section 481.1151(b)(1),
38	44		481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
39	45		481.121(b)(1) or (2), or an offense under Section 481.119(b),
40	46		481.125(a), 483.041(a), or 485.031(a);
41	47		(2) the actor has been previously convicted of or
42	48		placed on deferred adjudication community supervision for an
43	49		offense under this chapter or Chapter 483 or 485;
44	50		(3) the actor was acquitted in a previous proceeding
45	51		in which the actor successfully established the defense under that
46	52		subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
47	53		481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
48	54		483.041(e), or 485.031(c); or
49	55		(4) at any time during the 18-month period preceding
50	56		the date of the commission of the instant offense, the actor
51	57		requested emergency medical assistance in response to the possible
52	58		overdose of the actor or another person.
53	59		(i) The defense to prosecution provided by Subsection (g)
54	60		does not preclude the admission of evidence obtained by law
55	61		enforcement resulting from the request for emergency medical
56	62		assistance if that evidence pertains to an offense for which the
57	63		defense described by Subsection (g) is not available.
58	64		SECTION 3. Section 481.1151, Health and Safety Code, is
59	65		amended by adding Subsections (c), (d), and (e) to read as follows:
60	66		(c) It is a defense to prosecution for an offense punishable
61	67		under Subsection (b)(1) that the actor:
62	68		(1) was the first person to request emergency medical
63	69		assistance in response to the possible overdose of another person
64	70		and:
65	71		(A) made the request for medical assistance
66	72		during an ongoing medical emergency;
67	73		(B) remained on the scene until the medical
68	74		assistance arrived; and
69	75		(C) cooperated with medical assistance and law
70	76		enforcement personnel; or
71	77		(2) was the victim of a possible overdose for which
72	78		emergency medical assistance was requested, by the actor or by
73	79		another person, during an ongoing medical emergency.
74	80		(d) The defense to prosecution provided by Subsection (c) is
75	81		not available if:
76	82		(1) at the time the request for emergency medical
77	83		assistance was made:
78	84		(A) a peace officer was in the process of
79	85		arresting the actor or executing a search warrant describing the
80	86		actor or the place from which the request for medical assistance was
81	87		made; or
82	88		(B) the actor is committing another offense,
83	89		other than an offense punishable under Section 481.115(b),
84	90		481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
85	91		481.121(b)(1) or (2), or an offense under Section 481.119(b),
86	92		481.125(a), 483.041(a), or 485.031(a);
87	93		(2) the actor has been previously convicted of or
88	94		placed on deferred adjudication community supervision for an
89	95		offense under this chapter or Chapter 483 or 485;
90	96		(3) the actor was acquitted in a previous proceeding
91	97		in which the actor successfully established the defense under that
92	98		subsection or Section 481.115(g), 481.116(f), 481.1161(c),
93	99		481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
94	100		483.041(e), or 485.031(c); or
95	101		(4) at any time during the 18-month period preceding
96	102		the date of the commission of the instant offense, the actor
97	103		requested emergency medical assistance in response to the possible
98	104		overdose of the actor or another person.
99	105		(e) The defense to prosecution provided by Subsection (c)
100	106		does not preclude the admission of evidence obtained by law
101	107		enforcement resulting from the request for emergency medical
102	108		assistance if that evidence pertains to an offense for which the
103	109		defense described by Subsection (c) is not available.
104	110		SECTION 4. Section 481.116, Health and Safety Code, is
105	111		amended by adding Subsections (f), (g), and (h) to read as follows:
106	112		(f) It is a defense to prosecution for an offense punishable
107	113		under Subsection (b) that the actor:
108	114		(1) was the first person to request emergency medical
109	115		assistance in response to the possible overdose of another person
110	116		and:
111	117		(A) made the request for medical assistance
112	118		during an ongoing medical emergency;
113	119		(B) remained on the scene until the medical
114	120		assistance arrived; and
115	121		(C) cooperated with medical assistance and law
116	122		enforcement personnel; or
117	123		(2) was the victim of a possible overdose for which
118	124		emergency medical assistance was requested, by the actor or by
119	125		another person, during an ongoing medical emergency.
120	126		(g) The defense to prosecution provided by Subsection (f) is
121	127		not available if:
122	128		(1) at the time the request for emergency medical
123	129		assistance was made:
124	130		(A) a peace officer was in the process of
125	131		arresting the actor or executing a search warrant describing the
126	132		actor or the place from which the request for medical assistance was
127	133		made; or
128	134		(B) the actor is committing another offense,
129	135		other than an offense punishable under Section 481.115(b),
130	136		481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
131	137		481.121(b)(1) or (2), or an offense under Section 481.119(b),
132	138		481.125(a), 483.041(a), or 485.031(a);
133	139		(2) the actor has been previously convicted of or
134	140		placed on deferred adjudication community supervision for an
135	141		offense under this chapter or Chapter 483 or 485;
136	142		(3) the actor was acquitted in a previous proceeding
137	143		in which the actor successfully established the defense under that
138	144		subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
139	145		481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
140	146		483.041(e), or 485.031(c); or
141	147		(4) at any time during the 18-month period preceding
142	148		the date of the commission of the instant offense, the actor
143	149		requested emergency medical assistance in response to the possible
144	150		overdose of the actor or another person.
145	151		(h) The defense to prosecution provided by Subsection (f)
146	152		does not preclude the admission of evidence obtained by law
147	153		enforcement resulting from the request for emergency medical
148	154		assistance if that evidence pertains to an offense for which the
149	155		defense described by Subsection (f) is not available.
150	156		SECTION 5. Section 481.1161, Health and Safety Code, is
151	157		amended by adding Subsections (c), (d), and (e) to read as follows:
152	158		(c) It is a defense to prosecution for an offense punishable
153	159		under Subsection (b)(1) or (2) that the actor:
154	160		(1) was the first person to request emergency medical
155	161		assistance in response to the possible overdose of another person
156	162		and:
157	163		(A) made the request for medical assistance
158	164		during an ongoing medical emergency;
159	165		(B) remained on the scene until the medical
160	166		assistance arrived; and
161	167		(C) cooperated with medical assistance and law
162	168		enforcement personnel; or
163	169		(2) was the victim of a possible overdose for which
164	170		emergency medical assistance was requested, by the actor or by
165	171		another person, during an ongoing medical emergency.
166	172		(d) The defense to prosecution provided by Subsection (c) is
167	173		not available if:
168	174		(1) at the time the request for emergency medical
169	175		assistance was made:
170	176		(A) a peace officer was in the process of
171	177		arresting the actor or executing a search warrant describing the
172	178		actor or the place from which the request for medical assistance was
173	179		made; or
174	180		(B) the actor is committing another offense,
175	181		other than an offense punishable under Section 481.115(b),
176	182		481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
177	183		481.121(b)(1) or (2), or an offense under Section 481.119(b),
178	184		481.125(a), 483.041(a), or 485.031(a);
179	185		(2) the actor has been previously convicted of or
180	186		placed on deferred adjudication community supervision for an
181	187		offense under this chapter or Chapter 483 or 485;
182	188		(3) the actor was acquitted in a previous proceeding
183	189		in which the actor successfully established the defense under that
184	190		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
185	191		481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
186	192		483.041(e), or 485.031(c); or
187	193		(4) at any time during the 18-month period preceding
188	194		the date of the commission of the instant offense, the actor
189	195		requested emergency medical assistance in response to the possible
190	196		overdose of the actor or another person.
191	197		(e) The defense to prosecution provided by Subsection (c)
192	198		does not preclude the admission of evidence obtained by law
193	199		enforcement resulting from the request for emergency medical
194	200		assistance if that evidence pertains to an offense for which the
195	201		defense described by Subsection (c) is not available.
196	202		SECTION 6. Section 481.117, Health and Safety Code, is
197	203		amended by adding Subsections (f), (g), and (h) to read as follows:
198	204		(f) It is a defense to prosecution for an offense punishable
199	205		under Subsection (b) that the actor:
200	206		(1) was the first person to request emergency medical
201	207		assistance in response to the possible overdose of another person
202	208		and:
203	209		(A) made the request for medical assistance
204	210		during an ongoing medical emergency;
205	211		(B) remained on the scene until the medical
206	212		assistance arrived; and
207	213		(C) cooperated with medical assistance and law
208	214		enforcement personnel; or
209	215		(2) was the victim of a possible overdose for which
210	216		emergency medical assistance was requested, by the actor or by
211	217		another person, during an ongoing medical emergency.
212	218		(g) The defense to prosecution provided by Subsection (f) is
213	219		not available if:
214	220		(1) at the time the request for emergency medical
215	221		assistance was made:
216	222		(A) a peace officer was in the process of
217	223		arresting the actor or executing a search warrant describing the
218	224		actor or the place from which the request for medical assistance was
219	225		made; or
220	226		(B) the actor is committing another offense,
221	227		other than an offense punishable under Section 481.115(b),
222	228		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
223	229		481.121(b)(1) or (2), or an offense under Section 481.119(b),
224	230		481.125(a), 483.041(a), or 485.031(a);
225	231		(2) the actor has been previously convicted of or
226	232		placed on deferred adjudication community supervision for an
227	233		offense under this chapter or Chapter 483 or 485;
228	234		(3) the actor was acquitted in a previous proceeding
229	235		in which the actor successfully established the defense under that
230	236		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
231	237		481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
232	238		483.041(e), or 485.031(c); or
233	239		(4) at any time during the 18-month period preceding
234	240		the date of the commission of the instant offense, the actor
235	241		requested emergency medical assistance in response to the possible
236	242		overdose of the actor or another person.
237	243		(h) The defense to prosecution provided by Subsection (f)
238	244		does not preclude the admission of evidence obtained by law
239	245		enforcement resulting from the request for emergency medical
240	246		assistance if that evidence pertains to an offense for which the
241	247		defense described by Subsection (f) is not available.
242	248		SECTION 7. Section 481.118, Health and Safety Code, is
243	249		amended by adding Subsections (f), (g), and (h) to read as follows:
244	250		(f) It is a defense to prosecution for an offense punishable
245	251		under Subsection (b) that the actor:
246	252		(1) was the first person to request emergency medical
247	253		assistance in response to the possible overdose of another person
248	254		and:
249	255		(A) made the request for medical assistance
250	256		during an ongoing medical emergency;
251	257		(B) remained on the scene until the medical
252	258		assistance arrived; and
253	259		(C) cooperated with medical assistance and law
254	260		enforcement personnel; or
255	261		(2) was the victim of a possible overdose for which
256	262		emergency medical assistance was requested, by the actor or by
257	263		another person, during an ongoing medical emergency.
258	264		(g) The defense to prosecution provided by Subsection (f) is
259	265		not available if:
260	266		(1) at the time the request for emergency medical
261	267		assistance was made:
262	268		(A) a peace officer was in the process of
263	269		arresting the actor or executing a search warrant describing the
264	270		actor or the place from which the request for medical assistance was
265	271		made; or
266	272		(B) the actor is committing another offense,
267	273		other than an offense punishable under Section 481.115(b),
268	274		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
269	275		481.121(b)(1) or (2), or an offense under Section 481.119(b),
270	276		481.125(a), 483.041(a), or 485.031(a);
271	277		(2) the actor has been previously convicted of or
272	278		placed on deferred adjudication community supervision for an
273	279		offense under this chapter or Chapter 483 or 485;
274	280		(3) the actor was acquitted in a previous proceeding
275	281		in which the actor successfully established the defense under that
276	282		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
277	283		481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
278	284		483.041(e), or 485.031(c); or
279	285		(4) at any time during the 18-month period preceding
280	286		the date of the commission of the instant offense, the actor
281	287		requested emergency medical assistance in response to the possible
282	288		overdose of the actor or another person.
283	289		(h) The defense to prosecution provided by Subsection (f)
284	290		does not preclude the admission of evidence obtained by law
285	291		enforcement resulting from the request for emergency medical
286	292		assistance if that evidence pertains to an offense for which the
287	293		defense described by Subsection (f) is not available.
288	294		SECTION 8. Section 481.119, Health and Safety Code, is
289	295		amended by adding Subsections (c), (d), and (e) to read as follows:
290	296		(c) It is a defense to prosecution for an offense under
291	297		Subsection (b) that the actor:
292	298		(1) was the first person to request emergency medical
293	299		assistance in response to the possible overdose of another person
294	300		and:
295	301		(A) made the request for medical assistance
296	302		during an ongoing medical emergency;
297	303		(B) remained on the scene until the medical
298	304		assistance arrived; and
299	305		(C) cooperated with medical assistance and law
300	306		enforcement personnel; or
301	307		(2) was the victim of a possible overdose for which
302	308		emergency medical assistance was requested, by the actor or by
303	309		another person, during an ongoing medical emergency.
304	310		(d) The defense to prosecution provided by Subsection (c) is
305	311		not available if:
306	312		(1) at the time the request for emergency medical
307	313		assistance was made:
308	314		(A) a peace officer was in the process of
309	315		arresting the actor or executing a search warrant describing the
310	316		actor or the place from which the request for medical assistance was
311	317		made; or
312	318		(B) the actor is committing another offense,
313	319		other than an offense punishable under Section 481.115(b),
314	320		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
315	321		481.118(b), or 481.121(b)(1) or (2), or an offense under Section
316	322		481.125(a), 483.041(a), or 485.031(a);
317	323		(2) the actor has been previously convicted of or
318	324		placed on deferred adjudication community supervision for an
319	325		offense under this chapter or Chapter 483 or 485;
320	326		(3) the actor was acquitted in a previous proceeding
321	327		in which the actor successfully established the defense under that
322	328		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
323	329		481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
324	330		483.041(e), or 485.031(c); or
325	331		(4) at any time during the 18-month period preceding
326	332		the date of the commission of the instant offense, the actor
327	333		requested emergency medical assistance in response to the possible
328	334		overdose of the actor or another person.
329	335		(e) The defense to prosecution provided by Subsection (c)
330	336		does not preclude the admission of evidence obtained by law
331	337		enforcement resulting from the request for emergency medical
332	338		assistance if that evidence pertains to an offense for which the
333	339		defense described by Subsection (c) is not available.
334	340		SECTION 9. Section 481.121, Health and Safety Code, is
335	341		amended by adding Subsections (c), (d), and (e) to read as follows:
336	342		(c) It is a defense to prosecution for an offense punishable
337	343		under Subsection (b)(1) or (2) that the actor:
338	344		(1) was the first person to request emergency medical
339	345		assistance in response to the possible overdose of another person
340	346		and:
341	347		(A) made the request for medical assistance
342	348		during an ongoing medical emergency;
343	349		(B) remained on the scene until the medical
344	350		assistance arrived; and
345	351		(C) cooperated with medical assistance and law
346	352		enforcement personnel; or
347	353		(2) was the victim of a possible overdose for which
348	354		emergency medical assistance was requested, by the actor or by
349	355		another person, during an ongoing medical emergency.
350	356		(d) The defense to prosecution provided by Subsection (c) is
351	357		not available if:
352	358		(1) at the time the request for emergency medical
353	359		assistance was made:
354	360		(A) a peace officer was in the process of
355	361		arresting the actor or executing a search warrant describing the
356	362		actor or the place from which the request for medical assistance was
357	363		made; or
358	364		(B) the actor is committing another offense,
359	365		other than an offense punishable under Section 481.115(b),
360	366		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
361	367		481.118(b), or an offense under Section 481.119(b), 481.125(a),
362	368		483.041(a), or 485.031(a);
363	369		(2) the actor has been previously convicted of or
364	370		placed on deferred adjudication community supervision for an
365	371		offense under this chapter or Chapter 483 or 485;
366	372		(3) the actor was acquitted in a previous proceeding
367	373		in which the actor successfully established the defense under that
368	374		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
369	375		481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
370	376		483.041(e), or 485.031(c); or
371	377		(4) at any time during the 18-month period preceding
372	378		the date of the commission of the instant offense, the actor
373	379		requested emergency medical assistance in response to the possible
374	380		overdose of the actor or another person.
375	381		(e) The defense to prosecution provided by Subsection (c)
376	382		does not preclude the admission of evidence obtained by law
377	383		enforcement resulting from the request for emergency medical
378	384		assistance if that evidence pertains to an offense for which the
379	385		defense described by Subsection (c) is not available.
380	386		SECTION 10. Section 481.125, Health and Safety Code, is
381	387		amended by adding Subsections (g), (h), and (i) to read as follows:
382	388		(g) It is a defense to prosecution for an offense under
383	389		Subsection (a) that the actor:
384	390		(1) was the first person to request emergency medical
385	391		assistance in response to the possible overdose of another person
386	392		and:
387	393		(A) made the request for medical assistance
388	394		during an ongoing medical emergency;
389	395		(B) remained on the scene until the medical
390	396		assistance arrived; and
391	397		(C) cooperated with medical assistance and law
392	398		enforcement personnel; or
393	399		(2) was the victim of a possible overdose for which
394	400		emergency medical assistance was requested, by the actor or by
395	401		another person, during an ongoing medical emergency.
396	402		(h) The defense to prosecution provided by Subsection (g) is
397	403		not available if:
398	404		(1) at the time the request for emergency medical
399	405		assistance was made:
400	406		(A) a peace officer was in the process of
401	407		arresting the actor or executing a search warrant describing the
402	408		actor or the place from which the request for medical assistance was
403	409		made; or
404	410		(B) the actor is committing another offense,
405	411		other than an offense punishable under Section 481.115(b),
406	412		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
407	413		481.118(b), or 481.121(b)(1) or (2), or an offense under Section
408	414		481.119(b), 483.041(a), or 485.031(a);
409	415		(2) the actor has been previously convicted of or
410	416		placed on deferred adjudication community supervision for an
411	417		offense under this chapter or Chapter 483 or 485;
412	418		(3) the actor was acquitted in a previous proceeding
413	419		in which the actor successfully established the defense under that
414	420		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
415	421		481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
416	422		483.041(e), or 485.031(c); or
417	423		(4) at any time during the 18-month period preceding
418	424		the date of the commission of the instant offense, the actor
419	425		requested emergency medical assistance in response to the possible
420	426		overdose of the actor or another person.
421	427		(i) The defense to prosecution provided by Subsection (g)
422	428		does not preclude the admission of evidence obtained by law
423	429		enforcement resulting from the request for emergency medical
424	430		assistance if that evidence pertains to an offense for which the
425	431		defense described by Subsection (g) is not available.
426	432		SECTION 11. Section 483.041, Health and Safety Code, is
427	433		amended by adding Subsections (e), (f), and (g) to read as follows:
428	434		(e) It is a defense to prosecution for an offense under
429	435		Subsection (a) that the actor:
430	436		(1) was the first person to request emergency medical
431	437		assistance in response to the possible overdose of another person
432	438		and:
433	439		(A) made the request for medical assistance
434	440		during an ongoing medical emergency;
435	441		(B) remained on the scene until the medical
436	442		assistance arrived; and
437	443		(C) cooperated with medical assistance and law
438	444		enforcement personnel; or
439	445		(2) was the victim of a possible overdose for which
440	446		emergency medical assistance was requested, by the actor or by
441	447		another person, during an ongoing medical emergency.
442	448		(f) The defense to prosecution provided by Subsection (e) is
443	449		not available if:
444	450		(1) at the time the request for emergency medical
445	451		assistance was made:
446	452		(A) a peace officer was in the process of
447	453		arresting the actor or executing a search warrant describing the
448	454		actor or the place from which the request for medical assistance was
449	455		made; or
450	456		(B) the actor is committing another offense,
451	457		other than an offense punishable under Section 481.115(b),
452	458		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
453	459		481.118(b), or 481.121(b)(1) or (2), or an offense under Section
454	460		481.119(b), 481.125(a), or 485.031(a);
455	461		(2) the actor has been previously convicted of or
456	462		placed on deferred adjudication community supervision for an
457	463		offense under this chapter or Chapter 481 or 485;
458	464		(3) the actor was acquitted in a previous proceeding
459	465		in which the actor successfully established the defense under that
460	466		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
461	467		481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
462	468		481.125(g), or 485.031(c); or
463	469		(4) at any time during the 18-month period preceding
464	470		the date of the commission of the instant offense, the actor
465	471		requested emergency medical assistance in response to the possible
466	472		overdose of the actor or another person.
467	473		(g) The defense to prosecution provided by Subsection (e)
468	474		does not preclude the admission of evidence obtained by law
469	475		enforcement resulting from the request for emergency medical
470	476		assistance if that evidence pertains to an offense for which the
471	477		defense described by Subsection (e) is not available.
472	478		SECTION 12. Section 485.031, Health and Safety Code, is
473	479		amended by adding Subsections (c), (d), and (e) to read as follows:
474	480		(c) It is a defense to prosecution for an offense under
475	481		Subsection (a) that the actor:
476	482		(1) was the first person to request emergency medical
477	483		assistance in response to the possible overdose of another person
478	484		and:
479	485		(A) made the request for medical assistance
480	486		during an ongoing medical emergency;
481	487		(B) remained on the scene until the medical
482	488		assistance arrived; and
483	489		(C) cooperated with medical assistance and law
484	490		enforcement personnel; or
485	491		(2) was the victim of a possible overdose for which
486	492		emergency medical assistance was requested, by the actor or by
487	493		another person, during an ongoing medical emergency.
488	494		(d) The defense to prosecution provided by Subsection (c) is
489	495		not available if:
490	496		(1) at the time the request for emergency medical
491	497		assistance was made:
492	498		(A) a peace officer was in the process of
493	499		arresting the actor or executing a search warrant describing the
494	500		actor or the place from which the request for medical assistance was
495	501		made; or
496	502		(B) the actor is committing another offense,
497	503		other than an offense punishable under Section 481.115(b),
498	504		481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
499	505		481.118(b), or 481.121(b)(1) or (2), or an offense under Section
500	506		481.119(b), 481.125(a), or 483.041(a);
501	507		(2) the actor has been previously convicted of or
502	508		placed on deferred adjudication community supervision for an
503	509		offense under this chapter or Chapter 481 or 483;
504	510		(3) the actor was acquitted in a previous proceeding
505	511		in which the actor successfully established the defense under that
506	512		subsection or Section 481.115(g), 481.1151(c), 481.116(f),
507	513		481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
508	514		481.125(g), or 483.041(e); or
509	515		(4) at any time during the 18-month period preceding
510	516		the date of the commission of the instant offense, the actor
511	517		requested emergency medical assistance in response to the possible
512	518		overdose of the actor or another person.
513	519		(e) The defense to prosecution provided by Subsection (c)
514	520		does not preclude the admission of evidence obtained by law
515	521		enforcement resulting from the request for emergency medical
516	522		assistance if that evidence pertains to an offense for which the
517	523		defense described by Subsection (c) is not available.
518	524		SECTION 13. The change in law made by this Act applies only
519	525		to an offense committed on or after the effective date of this Act.
520	526		An offense committed before the effective date of this Act is
521	527		governed by the law in effect on the date the offense was committed,
522	528		and the former law is continued in effect for that purpose. For
523	529		purposes of this section, an offense was committed before the
524	530		effective date of this Act if any element of the offense occurred
525	531		before that date.
526	532		SECTION 14. This Act takes effect September 1, 2021.
527		-	______________________________ ______________________________
528		-	President of the Senate Speaker of the House
529		-	I certify that H.B. No. 1694 was passed by the House on April
530		-	21, 2021, by the following vote: Yeas 145, Nays 2, 1 present, not
531		-	voting.
532		-	______________________________
533		-	Chief Clerk of the House
534		-	I certify that H.B. No. 1694 was passed by the Senate on May
535		-	24, 2021, by the following vote: Yeas 30, Nays 0.
536		-	______________________________
537		-	Secretary of the Senate
538		-	APPROVED: _____________________
539		-	Date
540		-	_____________________
541		-	Governor
	533	+	* * * * *