Texas 2021 - 87th Regular

Texas House Bill HB4314 Compare Versions

Only one version of the bill is available at this time.
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11 By: Kacal H.B. No. 4314
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to a defense to prosecution for certain offenses involving
77 possession of small amounts of controlled substances, marihuana,
88 dangerous drugs, or abusable volatile chemicals, or possession of
99 drug paraphernalia for defendants seeking assistance for a
1010 suspected overdose.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 Section 1. This Act may be cited as the Jessica Sosa Act.
1313 SECTION 2. Section 481.115, Health and Safety Code, is
1414 amended by adding Subsections (g), (h), and (i) to read as follows:
1515 (g) It is a defense to prosecution for an offense punishable
1616 under Subsection (b) that the actor:
1717 (1) was the first person to request emergency medical
1818 assistance in response to the possible overdose of another person
1919 and:
2020 (A) made the request for medical assistance
2121 during an ongoing medical emergency;
2222 (B) remained on the scene until the medical
2323 assistance arrived; and
2424 (C) cooperated with medical assistance and law
2525 enforcement personnel; or
2626 (2) was the victim of a possible overdose for which
2727 emergency medical assistance was requested, by the actor or by
2828 another person, during an ongoing medical emergency.
2929 (h) The defense to prosecution provided by Subsection (g) is
3030 not available if:
3131 (1) at the time the request for emergency medical
3232 assistance was made:
3333 (A) a peace officer was in the process of
3434 arresting the actor or executing a search warrant describing the
3535 actor or the place from which the request for medical assistance was
3636 made; or
3737 (B) the actor is committing another offense,
3838 other than an offense punishable under Section 481.1151(b)(1),
3939 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
4040 481.121(b)(1) or (2), or an offense under Section 481.119(b),
4141 481.125(a), 483.041(a), or 485.031(a);
4242 (2) the actor has been previously convicted of or
4343 placed on deferred adjudication community supervision for an
4444 offense under this chapter or Chapter 483 or 485; or
4545 (3) the actor was acquitted in a previous proceeding
4646 in which the actor successfully established the defense under that
4747 subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
4848 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
4949 483.041(e), or 485.031(c).
5050 (i) The defense to prosecution provided by Subsection (g)
5151 does not preclude the admission of evidence obtained by law
5252 enforcement resulting from the request for emergency medical
5353 assistance if that evidence pertains to an offense for which the
5454 defense described by Subsection (g) is not available.
5555 SECTION 3. Section 481.1151, Health and Safety Code, is
5656 amended by adding Subsections (c), (d), and (e) to read as follows:
5757 (c) It is a defense to prosecution for an offense punishable
5858 under Subsection (b)(1) that the actor:
5959 (1) was the first person to request emergency medical
6060 assistance in response to the possible overdose of another person
6161 and:
6262 (A) made the request for medical assistance
6363 during an ongoing medical emergency;
6464 (B) remained on the scene until the medical
6565 assistance arrived; and
6666 (C) cooperated with medical assistance and law
6767 enforcement personnel; or
6868 (2) was the victim of a possible overdose for which
6969 emergency medical assistance was requested, by the actor or by
7070 another person, during an ongoing medical emergency.
7171 (d) The defense to prosecution provided by Subsection (c) is
7272 not available if:
7373 (1) at the time the request for emergency medical
7474 assistance was made:
7575 (A) a peace officer was in the process of
7676 arresting the actor or executing a search warrant describing the
7777 actor or the place from which the request for medical assistance was
7878 made; or
7979 (B) the actor is committing another offense,
8080 other than an offense punishable under Section 481.115(b),
8181 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
8282 481.121(b)(1) or (2), or an offense under Section 481.119(b),
8383 481.125(a), 483.041(a), or 485.031(a);
8484 (2) the actor has been previously convicted of or
8585 placed on deferred adjudication community supervision for an
8686 offense under this chapter or Chapter 483 or 485; or
8787 (3) the actor was acquitted in a previous proceeding
8888 in which the actor successfully established the defense under that
8989 subsection or Section 481.115(g), 481.116(f), 481.1161(c),
9090 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
9191 483.041(e), or 485.031(c).
9292 (e) The defense to prosecution provided by Subsection (c)
9393 does not preclude the admission of evidence obtained by law
9494 enforcement resulting from the request for emergency medical
9595 assistance if that evidence pertains to an offense for which the
9696 defense described by Subsection (c) is not available.
9797 SECTION 4. Section 481.116, Health and Safety Code, is
9898 amended by adding Subsections (f), (g), and (h) to read as follows:
9999 (f) It is a defense to prosecution for an offense punishable
100100 under Subsection (b) that the actor:
101101 (1) was the first person to request emergency medical
102102 assistance in response to the possible overdose of another person
103103 and:
104104 (A) made the request for medical assistance
105105 during an ongoing medical emergency;
106106 (B) remained on the scene until the medical
107107 assistance arrived; and
108108 (C) cooperated with medical assistance and law
109109 enforcement personnel; or
110110 (2) was the victim of a possible overdose for which
111111 emergency medical assistance was requested, by the actor or by
112112 another person, during an ongoing medical emergency.
113113 (g) The defense to prosecution provided by Subsection (f) is
114114 not available if:
115115 (1) at the time the request for emergency medical
116116 assistance was made:
117117 (A) a peace officer was in the process of
118118 arresting the actor or executing a search warrant describing the
119119 actor or the place from which the request for medical assistance was
120120 made; or
121121 (B) the actor is committing another offense,
122122 other than an offense punishable under Section 481.115(b),
123123 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
124124 481.121(b)(1) or (2), or an offense under Section 481.119(b),
125125 481.125(a), 483.041(a), or 485.031(a);
126126 (2) the actor has been previously convicted of or
127127 placed on deferred adjudication community supervision for an
128128 offense under this chapter or Chapter 483 or 485; or
129129 (3) the actor was acquitted in a previous proceeding
130130 in which the actor successfully established the defense under that
131131 subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
132132 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
133133 483.041(e), or 485.031(c).
134134 (h) The defense to prosecution provided by Subsection (f)
135135 does not preclude the admission of evidence obtained by law
136136 enforcement resulting from the request for emergency medical
137137 assistance if that evidence pertains to an offense for which the
138138 defense described by Subsection (f) is not available.
139139 SECTION 5. Section 481.1161, Health and Safety Code, is
140140 amended by adding Subsections (c), (d), and (e) to read as follows:
141141 (c) It is a defense to prosecution for an offense punishable
142142 under Subsection (b)(1) or (2) that the actor:
143143 (1) was the first person to request emergency medical
144144 assistance in response to the possible overdose of another person
145145 and:
146146 (A) made the request for medical assistance
147147 during an ongoing medical emergency;
148148 (B) remained on the scene until the medical
149149 assistance arrived; and
150150 (C) cooperated with medical assistance and law
151151 enforcement personnel; or
152152 (2) was the victim of a possible overdose for which
153153 emergency medical assistance was requested, by the actor or by
154154 another person, during an ongoing medical emergency.
155155 (d) The defense to prosecution provided by Subsection (c) is
156156 not available if:
157157 (1) at the time the request for emergency medical
158158 assistance was made:
159159 (A) a peace officer was in the process of
160160 arresting the actor or executing a search warrant describing the
161161 actor or the place from which the request for medical assistance was
162162 made; or
163163 (B) the actor is committing another offense,
164164 other than an offense punishable under Section 481.115(b),
165165 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
166166 481.121(b)(1) or (2), or an offense under Section 481.119(b),
167167 481.125(a), 483.041(a), or 485.031(a);
168168 (2) the actor has been previously convicted of or
169169 placed on deferred adjudication community supervision for an
170170 offense under this chapter or Chapter 483 or 485; or
171171 (3) the actor was acquitted in a previous proceeding
172172 in which the actor successfully established the defense under that
173173 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
174174 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
175175 483.041(e), or 485.031(c).
176176 (e) The defense to prosecution provided by Subsection (c)
177177 does not preclude the admission of evidence obtained by law
178178 enforcement resulting from the request for emergency medical
179179 assistance if that evidence pertains to an offense for which the
180180 defense described by Subsection (c) is not available.
181181 SECTION 6. Section 481.117, Health and Safety Code, is
182182 amended by adding Subsections (f), (g), and (h) to read as follows:
183183 (f) It is a defense to prosecution for an offense punishable
184184 under Subsection (b) that the actor:
185185 (1) was the first person to request emergency medical
186186 assistance in response to the possible overdose of another person
187187 and:
188188 (A) made the request for medical assistance
189189 during an ongoing medical emergency;
190190 (B) remained on the scene until the medical
191191 assistance arrived; and
192192 (C) cooperated with medical assistance and law
193193 enforcement personnel; or
194194 (2) was the victim of a possible overdose for which
195195 emergency medical assistance was requested, by the actor or by
196196 another person, during an ongoing medical emergency.
197197 (g) The defense to prosecution provided by Subsection (f) is
198198 not available if:
199199 (1) at the time the request for emergency medical
200200 assistance was made:
201201 (A) a peace officer was in the process of
202202 arresting the actor or executing a search warrant describing the
203203 actor or the place from which the request for medical assistance was
204204 made; or
205205 (B) the actor is committing another offense,
206206 other than an offense punishable under Section 481.115(b),
207207 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
208208 481.121(b)(1) or (2), or an offense under Section 481.119(b),
209209 481.125(a), 483.041(a), or 485.031(a);
210210 (2) the actor has been previously convicted of or
211211 placed on deferred adjudication community supervision for an
212212 offense under this chapter or Chapter 483 or 485; or
213213 (3) the actor was acquitted in a previous proceeding
214214 in which the actor successfully established the defense under that
215215 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
216216 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
217217 483.041(e), or 485.031(c).
218218 (h) The defense to prosecution provided by Subsection (f)
219219 does not preclude the admission of evidence obtained by law
220220 enforcement resulting from the request for emergency medical
221221 assistance if that evidence pertains to an offense for which the
222222 defense described by Subsection (f) is not available.
223223 SECTION 7. Section 481.118, Health and Safety Code, is
224224 amended by adding Subsections (f), (g), and (h) to read as follows:
225225 (f) It is a defense to prosecution for an offense punishable
226226 under Subsection (b) that the actor:
227227 (1) was the first person to request emergency medical
228228 assistance in response to the possible overdose of another person
229229 and:
230230 (A) made the request for medical assistance
231231 during an ongoing medical emergency;
232232 (B) remained on the scene until the medical
233233 assistance arrived; and
234234 (C) cooperated with medical assistance and law
235235 enforcement personnel; or
236236 (2) was the victim of a possible overdose for which
237237 emergency medical assistance was requested, by the actor or by
238238 another person, during an ongoing medical emergency.
239239 (g) The defense to prosecution provided by Subsection (f) is
240240 not available if:
241241 (1) at the time the request for emergency medical
242242 assistance was made:
243243 (A) a peace officer was in the process of
244244 arresting the actor or executing a search warrant describing the
245245 actor or the place from which the request for medical assistance was
246246 made; or
247247 (B) the actor is committing another offense,
248248 other than an offense punishable under Section 481.115(b),
249249 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
250250 481.121(b)(1) or (2), or an offense under Section 481.119(b),
251251 481.125(a), 483.041(a), or 485.031(a);
252252 (2) the actor has been previously convicted of or
253253 placed on deferred adjudication community supervision for an
254254 offense under this chapter or Chapter 483 or 485; or
255255 (3) the actor was acquitted in a previous proceeding
256256 in which the actor successfully established the defense under that
257257 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
258258 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
259259 483.041(e), or 485.031(c).
260260 (h) The defense to prosecution provided by Subsection (f)
261261 does not preclude the admission of evidence obtained by law
262262 enforcement resulting from the request for emergency medical
263263 assistance if that evidence pertains to an offense for which the
264264 defense described by Subsection (f) is not available.
265265 SECTION 8. Section 481.119, Health and Safety Code, is
266266 amended by adding Subsections (c), (d), and (e) to read as follows:
267267 (c) It is a defense to prosecution for an offense under
268268 Subsection (b) that the actor:
269269 (1) was the first person to request emergency medical
270270 assistance in response to the possible overdose of another person
271271 and:
272272 (A) made the request for medical assistance
273273 during an ongoing medical emergency;
274274 (B) remained on the scene until the medical
275275 assistance arrived; and
276276 (C) cooperated with medical assistance and law
277277 enforcement personnel; or
278278 (2) was the victim of a possible overdose for which
279279 emergency medical assistance was requested, by the actor or by
280280 another person, during an ongoing medical emergency.
281281 (d) The defense to prosecution provided by Subsection (c) is
282282 not available if:
283283 (1) at the time the request for emergency medical
284284 assistance was made:
285285 (A) a peace officer was in the process of
286286 arresting the actor or executing a search warrant describing the
287287 actor or the place from which the request for medical assistance was
288288 made; or
289289 (B) the actor is committing another
290290 offense, other than an offense punishable under Section 481.115(b),
291291 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
292292 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
293293 481.125(a), 483.041(a), or 485.031(a);
294294 (2) the actor has been previously convicted of or
295295 placed on deferred adjudication community supervision for an
296296 offense under this chapter or Chapter 483 or 485; or
297297 (3) the actor was acquitted in a previous proceeding
298298 in which the actor successfully established the defense under that
299299 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
300300 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
301301 483.041(e), or 485.031(c).
302302 (e) The defense to prosecution provided by Subsection (c)
303303 does not preclude the admission of evidence obtained by law
304304 enforcement resulting from the request for emergency medical
305305 assistance if that evidence pertains to an offense for which the
306306 defense described by Subsection (c) is not available.
307307 SECTION 9. Section 481.121, Health and Safety Code, is
308308 amended by adding Subsections (c), (d), and (e) to read as follows:
309309 (c) It is a defense to prosecution for an offense punishable
310310 under Subsection (b)(1) or (2) that the actor:
311311 (1) was the first person to request emergency medical
312312 assistance in response to the possible overdose of another person
313313 and:
314314 (A) made the request for medical assistance
315315 during an ongoing medical emergency;
316316 (B) remained on the scene until the medical
317317 assistance arrived; and
318318 (C) cooperated with medical assistance and law
319319 enforcement personnel; or
320320 (2) was the victim of a possible overdose for which
321321 emergency medical assistance was requested, by the actor or by
322322 another person, during an ongoing medical emergency.
323323 (d) The defense to prosecution provided by Subsection (c) is
324324 not available if:
325325 (1) at the time the request for emergency medical
326326 assistance was made:
327327 (A) a peace officer was in the process of
328328 arresting the actor or executing a search warrant describing the
329329 actor or the place from which the request for medical assistance was
330330 made; or
331331 (B) the actor is committing another offense,
332332 other than an offense punishable under Section 481.115(b),
333333 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
334334 481.118(b), or an offense under Section 481.119(b), 481.125(a),
335335 483.041(a), or 485.031(a);
336336 (2) the actor has been previously convicted of or
337337 placed on deferred adjudication community supervision for an
338338 offense under this chapter or Chapter 483 or 485; or
339339 (3) the actor was acquitted in a previous proceeding
340340 in which the actor successfully established the defense under that
341341 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
342342 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
343343 483.041(e), or 485.031(c).
344344 (e) The defense to prosecution provided by Subsection (c)
345345 does not preclude the admission of evidence obtained by law
346346 enforcement resulting from the request for emergency medical
347347 assistance if that evidence pertains to an offense for which the
348348 defense described by Subsection (c) is not available.
349349 SECTION 10. Section 481.125, Health and Safety Code, is
350350 amended by adding Subsections (g), (h), and (i) to read as follows:
351351 (g) It is a defense to prosecution for an offense under
352352 Subsection (a) that the actor:
353353 (1) was the first person to request emergency medical
354354 assistance in response to the possible overdose of another person
355355 and:
356356 (A) made the request for medical assistance
357357 during an ongoing medical emergency;
358358 (B) remained on the scene until the medical
359359 assistance arrived; and
360360 (C) cooperated with medical assistance and law
361361 enforcement personnel; or
362362 (2) was the victim of a possible overdose for which
363363 emergency medical assistance was requested, by the actor or by
364364 another person, during an ongoing medical emergency.
365365 (h) The defense to prosecution provided by Subsection (g) is
366366 not available if:
367367 (1) at the time the request for emergency medical
368368 assistance was made:
369369 (A) a peace officer was in the process of
370370 arresting the actor or executing a search warrant describing the
371371 actor or the place from which the request for medical assistance was
372372 made; or
373373 (B) the actor is committing another offense,
374374 other than an offense punishable under Section 481.115(b),
375375 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
376376 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
377377 481.119(b), 483.041(a), or 485.031(a);
378378 (2) the actor has been previously convicted of or
379379 placed on deferred adjudication community supervision for an
380380 offense under this chapter or Chapter 483 or 485; or
381381 (3) the actor was acquitted in a previous proceeding
382382 in which the actor successfully established the defense under that
383383 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
384384 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
385385 483.041(e), or 485.031(c).
386386 (i) The defense to prosecution provided by Subsection (g)
387387 does not preclude the admission of evidence obtained by law
388388 enforcement resulting from the request for emergency medical
389389 assistance if that evidence pertains to an offense for which the
390390 defense described by Subsection (g) is not available.
391391 SECTION 11. Section 483.041, Health and Safety Code, is
392392 amended by adding Subsections (e), (f), and (g) to read as follows:
393393 (e) It is a defense to prosecution for an offense under
394394 Subsection (a) that the actor:
395395 (1) was the first person to request emergency medical
396396 assistance in response to the possible overdose of another person
397397 and:
398398 (A) made the request for medical assistance
399399 during an ongoing medical emergency;
400400 (B) remained on the scene until the medical
401401 assistance arrived; and
402402 (C) cooperated with medical assistance and law
403403 enforcement personnel; or
404404 (2) was the victim of a possible overdose for which
405405 emergency medical assistance was requested, by the actor or by
406406 another person, during an ongoing medical emergency.
407407 (f) The defense to prosecution provided by Subsection (e) is
408408 not available if:
409409 (1) at the time the request for emergency medical
410410 assistance was made:
411411 (A) a peace officer was in the process of
412412 arresting the actor or executing a search warrant describing the
413413 actor or the place from which the request for medical assistance was
414414 made; or
415415 (B) the actor is committing another offense,
416416 other than an offense punishable under Section 481.115(b),
417417 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
418418 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
419419 481.119(b), 481.125(a), or 485.031(a);
420420 (2) the actor has been previously convicted of or
421421 placed on deferred adjudication community supervision for an
422422 offense under this chapter or Chapter 481 or 485; or
423423 (3) the actor was acquitted in a previous proceeding
424424 in which the actor successfully established the defense under that
425425 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
426426 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
427427 481.125(g), or 485.031(c).
428428 (g) The defense to prosecution provided by Subsection (e)
429429 does not preclude the admission of evidence obtained by law
430430 enforcement resulting from the request for emergency medical
431431 assistance if that evidence pertains to an offense for which the
432432 defense described by Subsection (e) is not available.
433433 SECTION 12. Section 485.031, Health and Safety Code, is
434434 amended by adding Subsections (c), (d), and (e) to read as follows:
435435 (c) It is a defense to prosecution for an offense under
436436 Subsection (a) that the actor:
437437 (1) was the first person to request emergency medical
438438 assistance in response to the possible overdose of another person
439439 and:
440440 (A) made the request for medical assistance
441441 during an ongoing medical emergency;
442442 (B) remained on the scene until the medical
443443 assistance arrived; and
444444 (C) cooperated with medical assistance and law
445445 enforcement personnel; or
446446 (2) was the victim of a possible overdose for which
447447 emergency medical assistance was requested, by the actor or by
448448 another person, during an ongoing medical emergency.
449449 (d) The defense to prosecution provided by Subsection (c) is
450450 not available if:
451451 (1) at the time the request for emergency medical
452452 assistance was made:
453453 (A) a peace officer was in the process of
454454 arresting the actor or executing a search warrant describing the
455455 actor or the place from which the request for medical assistance was
456456 made; or
457457 (B) the actor is committing another offense,
458458 other than an offense punishable under Section 481.115(b),
459459 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
460460 481.118(b), or 481.121(b)(1) or (2), or an offense under Section
461461 481.119(b), 481.125(a), or 483.041(a);
462462 (2) the actor has been previously convicted of or
463463 placed on deferred adjudication community supervision for an
464464 offense under this chapter or Chapter 481 or 483; or
465465 (3) the actor was acquitted in a previous proceeding
466466 in which the actor successfully established the defense under that
467467 subsection or Section 481.115(g), 481.1151(c), 481.116(f),
468468 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
469469 481.125(g), or 483.041(e).
470470 (e) The defense to prosecution provided by Subsection (c)
471471 does not preclude the admission of evidence obtained by law
472472 enforcement resulting from the request for emergency medical
473473 assistance if that evidence pertains to an offense for which the
474474 defense described by Subsection (c) is not available.
475475 SECTION 13. The change in law made by this Act applies only
476476 to an offense committed on or after the effective date of this Act.
477477 An offense committed before the effective date of this Act is
478478 governed by the law in effect on the date the offense was committed,
479479 and the former law is continued in effect for that purpose. For
480480 purposes of this section, an offense was committed before the
481481 effective date of this Act if any element of the offense occurred
482482 before that date.
483483 SECTION 14. This Act takes effect September 1, 2021.