| 1 | 1 | | 88R20578 LHC-D |
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| 2 | 2 | | By: Dutton, Thompson of Harris H.B. No. 939 |
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| 3 | 3 | | Substitute the following for H.B. No. 939: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 939 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the penalty for certain offenders for possession of a |
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| 10 | 10 | | small amount of certain controlled substances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 481.115, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subsections (b) and (g) and adding Subsections |
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| 14 | 14 | | (b-1) and (b-2) to read as follows: |
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| 15 | 15 | | (b) Except as provided by Subsection (b-1), an [An] offense |
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| 16 | 16 | | under Subsection (a) is a Class A misdemeanor with a minimum term of |
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| 17 | 17 | | confinement of 180 days [state jail felony] if the controlled |
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| 18 | 18 | | substance is listed in Penalty Group 1 and the amount of the |
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| 19 | 19 | | controlled substance possessed is, by aggregate weight, including |
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| 20 | 20 | | adulterants or dilutants, less than one gram. |
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| 21 | 21 | | (b-1) An offense punishable under Subsection (b) is a state |
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| 22 | 22 | | jail felony if the person has been previously convicted of an |
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| 23 | 23 | | offense under this section or Section 481.1151, 481.116, 481.1161, |
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| 24 | 24 | | 481.117, 481.118, or 481.121. |
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| 25 | 25 | | (b-2) An offense under Subsection (a) is a state jail felony |
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| 26 | 26 | | if the controlled substance is listed in Penalty Group 1-B and the |
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| 27 | 27 | | amount of the controlled substance possessed is, by aggregate |
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| 28 | 28 | | weight, including adulterants or dilutants, less than one gram. |
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| 29 | 29 | | (g) It is a defense to prosecution for an offense punishable |
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| 30 | 30 | | under Subsection (b) or (b-2) that the actor: |
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| 31 | 31 | | (1) was the first person to request emergency medical |
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| 32 | 32 | | assistance in response to the possible overdose of another person |
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| 33 | 33 | | and: |
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| 34 | 34 | | (A) made the request for medical assistance |
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| 35 | 35 | | during an ongoing medical emergency; |
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| 36 | 36 | | (B) remained on the scene until the medical |
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| 37 | 37 | | assistance arrived; and |
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| 38 | 38 | | (C) cooperated with medical assistance and law |
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| 39 | 39 | | enforcement personnel; or |
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| 40 | 40 | | (2) was the victim of a possible overdose for which |
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| 41 | 41 | | emergency medical assistance was requested, by the actor or by |
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| 42 | 42 | | another person, during an ongoing medical emergency. |
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| 43 | 43 | | SECTION 2. Section 481.1151, Health and Safety Code, is |
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| 44 | 44 | | amended by amending Subsections (b) and (d) and adding Subsection |
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| 45 | 45 | | (b-1) to read as follows: |
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| 46 | 46 | | (b) An offense under this section is: |
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| 47 | 47 | | (1) a Class A misdemeanor with a minimum term of |
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| 48 | 48 | | confinement of 180 days [state jail felony] if the number of abuse |
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| 49 | 49 | | units of the controlled substance is fewer than 20, except as |
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| 50 | 50 | | provided by Subsection (b-1); |
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| 51 | 51 | | (2) a felony of the third degree if the number of abuse |
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| 52 | 52 | | units of the controlled substance is 20 or more but fewer than 80; |
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| 53 | 53 | | (3) a felony of the second degree if the number of |
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| 54 | 54 | | abuse units of the controlled substance is 80 or more but fewer than |
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| 55 | 55 | | 4,000; |
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| 56 | 56 | | (4) a felony of the first degree if the number of abuse |
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| 57 | 57 | | units of the controlled substance is 4,000 or more but fewer than |
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| 58 | 58 | | 8,000; and |
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| 59 | 59 | | (5) punishable by imprisonment in the Texas Department |
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| 60 | 60 | | of Criminal Justice for life or for a term of not more than 99 years |
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| 61 | 61 | | or less than 15 years and a fine not to exceed $250,000, if the |
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| 62 | 62 | | number of abuse units of the controlled substance is 8,000 or more. |
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| 63 | 63 | | (b-1) An offense punishable under Subsection (b)(1) is a |
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| 64 | 64 | | state jail felony if the person has been previously convicted of an |
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| 65 | 65 | | offense under this section or Section 481.115, 481.116, 481.1161, |
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| 66 | 66 | | 481.117, 481.118, or 481.121. |
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| 67 | 67 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 68 | 68 | | not available if: |
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| 69 | 69 | | (1) at the time the request for emergency medical |
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| 70 | 70 | | assistance was made: |
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| 71 | 71 | | (A) a peace officer was in the process of |
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| 72 | 72 | | arresting the actor or executing a search warrant describing the |
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| 73 | 73 | | actor or the place from which the request for medical assistance was |
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| 74 | 74 | | made; or |
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| 75 | 75 | | (B) the actor is committing another offense, |
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| 76 | 76 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 77 | 77 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 78 | 78 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 79 | 79 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 80 | 80 | | (2) the actor has been previously convicted of or |
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| 81 | 81 | | placed on deferred adjudication community supervision for an |
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| 82 | 82 | | offense under this chapter or Chapter 483 or 485; |
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| 83 | 83 | | (3) the actor was acquitted in a previous proceeding |
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| 84 | 84 | | in which the actor successfully established the defense under that |
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| 85 | 85 | | subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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| 86 | 86 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 87 | 87 | | 483.041(e), or 485.031(c); or |
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| 88 | 88 | | (4) at any time during the 18-month period preceding |
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| 89 | 89 | | the date of the commission of the instant offense, the actor |
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| 90 | 90 | | requested emergency medical assistance in response to the possible |
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| 91 | 91 | | overdose of the actor or another person. |
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| 92 | 92 | | SECTION 3. Section 481.116, Health and Safety Code, is |
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| 93 | 93 | | amended by amending Subsections (b) and (g) and adding Subsection |
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| 94 | 94 | | (b-1) to read as follows: |
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| 95 | 95 | | (b) Except as provided by Subsection (b-1), an [An] offense |
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| 96 | 96 | | under Subsection (a) is a Class A misdemeanor with a minimum term of |
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| 97 | 97 | | confinement of 180 days [state jail felony] if the amount of the |
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| 98 | 98 | | controlled substance possessed is, by aggregate weight, including |
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| 99 | 99 | | adulterants or dilutants, less than one gram. |
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| 100 | 100 | | (b-1) An offense punishable under Subsection (b) is a state |
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| 101 | 101 | | jail felony if the person has been previously convicted of an |
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| 102 | 102 | | offense under this section or Section 481.115, 481.1151, 481.1161, |
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| 103 | 103 | | 481.117, 481.118, or 481.121. |
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| 104 | 104 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 105 | 105 | | not available if: |
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| 106 | 106 | | (1) at the time the request for emergency medical |
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| 107 | 107 | | assistance was made: |
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| 108 | 108 | | (A) a peace officer was in the process of |
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| 109 | 109 | | arresting the actor or executing a search warrant describing the |
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| 110 | 110 | | actor or the place from which the request for medical assistance was |
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| 111 | 111 | | made; or |
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| 112 | 112 | | (B) the actor is committing another offense, |
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| 113 | 113 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 114 | 114 | | 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 115 | 115 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 116 | 116 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 117 | 117 | | (2) the actor has been previously convicted of or |
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| 118 | 118 | | placed on deferred adjudication community supervision for an |
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| 119 | 119 | | offense under this chapter or Chapter 483 or 485; |
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| 120 | 120 | | (3) the actor was acquitted in a previous proceeding |
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| 121 | 121 | | in which the actor successfully established the defense under that |
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| 122 | 122 | | subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
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| 123 | 123 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 124 | 124 | | 483.041(e), or 485.031(c); or |
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| 125 | 125 | | (4) at any time during the 18-month period preceding |
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| 126 | 126 | | the date of the commission of the instant offense, the actor |
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| 127 | 127 | | requested emergency medical assistance in response to the possible |
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| 128 | 128 | | overdose of the actor or another person. |
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| 129 | 129 | | SECTION 4. Section 481.1161(d), Health and Safety Code, is |
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| 130 | 130 | | amended to read as follows: |
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| 131 | 131 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 132 | 132 | | not available if: |
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| 133 | 133 | | (1) at the time the request for emergency medical |
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| 134 | 134 | | assistance was made: |
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| 135 | 135 | | (A) a peace officer was in the process of |
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| 136 | 136 | | arresting the actor or executing a search warrant describing the |
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| 137 | 137 | | actor or the place from which the request for medical assistance was |
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| 138 | 138 | | made; or |
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| 139 | 139 | | (B) the actor is committing another offense, |
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| 140 | 140 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 141 | 141 | | 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
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| 142 | 142 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 143 | 143 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 144 | 144 | | (2) the actor has been previously convicted of or |
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| 145 | 145 | | placed on deferred adjudication community supervision for an |
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| 146 | 146 | | offense under this chapter or Chapter 483 or 485; |
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| 147 | 147 | | (3) the actor was acquitted in a previous proceeding |
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| 148 | 148 | | in which the actor successfully established the defense under that |
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| 149 | 149 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 150 | 150 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 151 | 151 | | 483.041(e), or 485.031(c); or |
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| 152 | 152 | | (4) at any time during the 18-month period preceding |
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| 153 | 153 | | the date of the commission of the instant offense, the actor |
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| 154 | 154 | | requested emergency medical assistance in response to |
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| 155 | 155 | | the possible overdose of the actor or another person. |
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| 156 | 156 | | SECTION 5. Section 481.117(g), Health and Safety Code, is |
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| 157 | 157 | | amended to read as follows: |
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| 158 | 158 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 159 | 159 | | not available if: |
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| 160 | 160 | | (1) at the time the request for emergency medical |
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| 161 | 161 | | assistance was made: |
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| 162 | 162 | | (A) a peace officer was in the process of |
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| 163 | 163 | | arresting the actor or executing a search warrant describing the |
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| 164 | 164 | | actor or the place from which the request for medical assistance was |
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| 165 | 165 | | made; or |
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| 166 | 166 | | (B) the actor is committing another offense, |
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| 167 | 167 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 168 | 168 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
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| 169 | 169 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 170 | 170 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 171 | 171 | | (2) the actor has been previously convicted of or |
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| 172 | 172 | | placed on deferred adjudication community supervision for an |
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| 173 | 173 | | offense under this chapter or Chapter 483 or 485; |
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| 174 | 174 | | (3) the actor was acquitted in a previous proceeding |
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| 175 | 175 | | in which the actor successfully established the defense under that |
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| 176 | 176 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 177 | 177 | | 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 178 | 178 | | 483.041(e), or 485.031(c); or |
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| 179 | 179 | | (4) at any time during the 18-month period preceding |
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| 180 | 180 | | the date of the commission of the instant offense, the actor |
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| 181 | 181 | | requested emergency medical assistance in response to the possible |
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| 182 | 182 | | overdose of the actor or another person. |
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| 183 | 183 | | SECTION 6. Section 481.118(g), Health and Safety Code, is |
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| 184 | 184 | | amended to read as follows: |
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| 185 | 185 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 186 | 186 | | not available if: |
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| 187 | 187 | | (1) at the time the request for emergency medical |
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| 188 | 188 | | assistance was made: |
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| 189 | 189 | | (A) a peace officer was in the process of |
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| 190 | 190 | | arresting the actor or executing a search warrant describing the |
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| 191 | 191 | | actor or the place from which the request for medical assistance was |
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| 192 | 192 | | made; or |
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| 193 | 193 | | (B) the actor is committing another offense, |
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| 194 | 194 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 195 | 195 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 196 | 196 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 197 | 197 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 198 | 198 | | (2) the actor has been previously convicted of or |
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| 199 | 199 | | placed on deferred adjudication community supervision for an |
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| 200 | 200 | | offense under this chapter or Chapter 483 or 485; |
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| 201 | 201 | | (3) the actor was acquitted in a previous proceeding |
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| 202 | 202 | | in which the actor successfully established the defense under that |
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| 203 | 203 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 204 | 204 | | 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
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| 205 | 205 | | 483.041(e), or 485.031(c); or |
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| 206 | 206 | | (4) at any time during the 18-month period preceding |
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| 207 | 207 | | the date of the commission of the instant offense, the actor |
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| 208 | 208 | | requested emergency medical assistance in response to the possible |
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| 209 | 209 | | overdose of the actor or another person. |
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| 210 | 210 | | SECTION 7. Section 481.119(d), Health and Safety Code, is |
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| 211 | 211 | | amended to read as follows: |
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| 212 | 212 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 213 | 213 | | not available if: |
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| 214 | 214 | | (1) at the time the request for emergency medical |
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| 215 | 215 | | assistance was made: |
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| 216 | 216 | | (A) a peace officer was in the process of |
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| 217 | 217 | | arresting the actor or executing a search warrant describing the |
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| 218 | 218 | | actor or the place from which the request for medical assistance was |
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| 219 | 219 | | made; or |
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| 220 | 220 | | (B) the actor is committing another offense, |
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| 221 | 221 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 222 | 222 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 223 | 223 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 224 | 224 | | 481.125(a), 483.041(a), or 485.031(a); |
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| 225 | 225 | | (2) the actor has been previously convicted of or |
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| 226 | 226 | | placed on deferred adjudication community supervision for an |
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| 227 | 227 | | offense under this chapter or Chapter 483 or 485; |
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| 228 | 228 | | (3) the actor was acquitted in a previous proceeding |
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| 229 | 229 | | in which the actor successfully established the defense under that |
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| 230 | 230 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 231 | 231 | | 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
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| 232 | 232 | | 483.041(e), or 485.031(c); or |
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| 233 | 233 | | (4) at any time during the 18-month period preceding |
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| 234 | 234 | | the date of the commission of the instant offense, the actor |
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| 235 | 235 | | requested emergency medical assistance in response to the possible |
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| 236 | 236 | | overdose of the actor or another person. |
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| 237 | 237 | | SECTION 8. Section 481.121(d), Health and Safety Code, is |
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| 238 | 238 | | amended to read as follows: |
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| 239 | 239 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 240 | 240 | | not available if: |
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| 241 | 241 | | (1) at the time the request for emergency medical |
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| 242 | 242 | | assistance was made: |
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| 243 | 243 | | (A) a peace officer was in the process of |
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| 244 | 244 | | arresting the actor or executing a search warrant describing the |
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| 245 | 245 | | actor or the place from which the request for medical assistance was |
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| 246 | 246 | | made; or |
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| 247 | 247 | | (B) the actor is committing another offense, |
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| 248 | 248 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 249 | 249 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 250 | 250 | | 481.118(b), or an offense under Section 481.119(b), 481.125(a), |
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| 251 | 251 | | 483.041(a), or 485.031(a); |
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| 252 | 252 | | (2) the actor has been previously convicted of or |
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| 253 | 253 | | placed on deferred adjudication community supervision for an |
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| 254 | 254 | | offense under this chapter or Chapter 483 or 485; |
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| 255 | 255 | | (3) the actor was acquitted in a previous proceeding |
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| 256 | 256 | | in which the actor successfully established the defense under that |
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| 257 | 257 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 258 | 258 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), |
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| 259 | 259 | | 483.041(e), or 485.031(c); or |
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| 260 | 260 | | (4) at any time during the 18-month period preceding |
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| 261 | 261 | | the date of the commission of the instant offense, the actor |
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| 262 | 262 | | requested emergency medical assistance in response to the possible |
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| 263 | 263 | | overdose of the actor or another person. |
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| 264 | 264 | | SECTION 9. Section 481.125(h), Health and Safety Code, is |
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| 265 | 265 | | amended to read as follows: |
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| 266 | 266 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 267 | 267 | | not available if: |
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| 268 | 268 | | (1) at the time the request for emergency medical |
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| 269 | 269 | | assistance was made: |
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| 270 | 270 | | (A) a peace officer was in the process of |
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| 271 | 271 | | arresting the actor or executing a search warrant describing the |
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| 272 | 272 | | actor or the place from which the request for medical assistance was |
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| 273 | 273 | | made; or |
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| 274 | 274 | | (B) the actor is committing another offense, |
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| 275 | 275 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 276 | 276 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 277 | 277 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 278 | 278 | | 481.119(b), 483.041(a), or 485.031(a); |
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| 279 | 279 | | (2) the actor has been previously convicted of or |
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| 280 | 280 | | placed on deferred adjudication community supervision for an |
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| 281 | 281 | | offense under this chapter or Chapter 483 or 485; |
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| 282 | 282 | | (3) the actor was acquitted in a previous proceeding |
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| 283 | 283 | | in which the actor successfully established the defense under that |
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| 284 | 284 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 285 | 285 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 286 | 286 | | 483.041(e), or 485.031(c); or |
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| 287 | 287 | | (4) at any time during the 18-month period preceding |
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| 288 | 288 | | the date of the commission of the instant offense, the actor |
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| 289 | 289 | | requested emergency medical assistance in response to the possible |
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| 290 | 290 | | overdose of the actor or another person. |
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| 291 | 291 | | SECTION 10. Sections 481.134(d) and (e), Health and Safety |
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| 292 | 292 | | Code, are amended to read as follows: |
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| 293 | 293 | | (d) An offense otherwise punishable under Section |
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| 294 | 294 | | 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b-1) |
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| 295 | 295 | | or (b-2) [481.115(b)], 481.1151(b-1) [481.1151(b)(1)], |
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| 296 | 296 | | 481.116(b-1) [481.116(b)], 481.1161(b)(3), 481.120(b)(3), or |
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| 297 | 297 | | 481.121(b)(3) is a felony of the third degree if it is shown on the |
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| 298 | 298 | | trial of the offense that the offense was committed: |
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| 299 | 299 | | (1) in, on, or within 1,000 feet of any real property |
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| 300 | 300 | | that is owned, rented, or leased to a school or school board, the |
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| 301 | 301 | | premises of a public or private youth center, or a playground; |
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| 302 | 302 | | (2) on a school bus; or |
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| 303 | 303 | | (3) by any unauthorized person 18 years of age or |
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| 304 | 304 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 305 | 305 | | leased by a general residential operation operating as a |
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| 306 | 306 | | residential treatment center. |
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| 307 | 307 | | (e) An offense otherwise punishable under Section |
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| 308 | 308 | | 481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a), |
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| 309 | 309 | | 481.120(b)(2), or 481.121(b)(2) is a state jail felony if it is |
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| 310 | 310 | | shown on the trial of the offense that the offense was committed: |
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| 311 | 311 | | (1) in, on, or within 1,000 feet of any real property |
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| 312 | 312 | | that is owned, rented, or leased to a school or school board, the |
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| 313 | 313 | | premises of a public or private youth center, or a playground; |
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| 314 | 314 | | (2) on a school bus; or |
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| 315 | 315 | | (3) by any unauthorized person 18 years of age or |
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| 316 | 316 | | older, in, on, or within 1,000 feet of premises owned, rented, or |
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| 317 | 317 | | leased by a general residential operation operating as a |
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| 318 | 318 | | residential treatment center. |
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| 319 | 319 | | SECTION 11. Section 483.041(f), Health and Safety Code, is |
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| 320 | 320 | | amended to read as follows: |
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| 321 | 321 | | (f) The defense to prosecution provided by Subsection (e) is |
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| 322 | 322 | | not available if: |
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| 323 | 323 | | (1) at the time the request for emergency medical |
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| 324 | 324 | | assistance was made: |
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| 325 | 325 | | (A) a peace officer was in the process of |
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| 326 | 326 | | arresting the actor or executing a search warrant describing the |
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| 327 | 327 | | actor or the place from which the request for medical assistance was |
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| 328 | 328 | | made; or |
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| 329 | 329 | | (B) the actor is committing another offense, |
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| 330 | 330 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 331 | 331 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 332 | 332 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 333 | 333 | | 481.119(b), 481.125(a), or 485.031(a); |
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| 334 | 334 | | (2) the actor has been previously convicted of or |
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| 335 | 335 | | placed on deferred adjudication community supervision for an |
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| 336 | 336 | | offense under this chapter or Chapter 481 or 485; |
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| 337 | 337 | | (3) the actor was acquitted in a previous proceeding |
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| 338 | 338 | | in which the actor successfully established the defense under that |
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| 339 | 339 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 340 | 340 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 341 | 341 | | 481.125(g), or 485.031(c); or |
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| 342 | 342 | | (4) at any time during the 18-month period preceding |
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| 343 | 343 | | the date of the commission of the instant offense, the actor |
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| 344 | 344 | | requested emergency medical assistance in response to the possible |
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| 345 | 345 | | overdose of the actor or another person. |
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| 346 | 346 | | SECTION 12. Section 485.031(d), Health and Safety Code, is |
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| 347 | 347 | | amended to read as follows: |
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| 348 | 348 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 349 | 349 | | not available if: |
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| 350 | 350 | | (1) at the time the request for emergency medical |
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| 351 | 351 | | assistance was made: |
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| 352 | 352 | | (A) a peace officer was in the process of |
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| 353 | 353 | | arresting the actor or executing a search warrant describing the |
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| 354 | 354 | | actor or the place from which the request for medical assistance was |
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| 355 | 355 | | made; or |
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| 356 | 356 | | (B) the actor is committing another offense, |
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| 357 | 357 | | other than an offense punishable under Section 481.115(b) or (b-2), |
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| 358 | 358 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 359 | 359 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 360 | 360 | | 481.119(b), 481.125(a), or 483.041(a); |
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| 361 | 361 | | (2) the actor has been previously convicted of or |
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| 362 | 362 | | placed on deferred adjudication community supervision for an |
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| 363 | 363 | | offense under this chapter or Chapter 481 or 483; |
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| 364 | 364 | | (3) the actor was acquitted in a previous proceeding |
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| 365 | 365 | | in which the actor successfully established the defense under that |
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| 366 | 366 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 367 | 367 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 368 | 368 | | 481.125(g), or 483.041(e); or |
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| 369 | 369 | | (4) at any time during the 18-month period preceding |
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| 370 | 370 | | the date of the commission of the instant offense, the actor |
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| 371 | 371 | | requested emergency medical assistance in response to the possible |
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| 372 | 372 | | overdose of the actor or another person. |
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| 373 | 373 | | SECTION 13. Subchapter K, Chapter 42A, Code of Criminal |
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| 374 | 374 | | Procedure, is amended by adding Article 42A.518 to read as follows: |
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| 375 | 375 | | Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN DRUG |
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| 376 | 376 | | OFFENSES; EDUCATIONAL PROGRAM. A judge who grants community |
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| 377 | 377 | | supervision to a person convicted of a Class A misdemeanor under |
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| 378 | 378 | | Section 481.115(b), 481.1151(b)(1), 481.116(b), or 481.1161(b)(2), |
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| 379 | 379 | | Health and Safety Code, may require, as a condition of community |
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| 380 | 380 | | supervision, that the person successfully complete an educational |
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| 381 | 381 | | program on substance abuse awareness approved by the Texas |
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| 382 | 382 | | Department of Licensing and Regulation. |
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| 383 | 383 | | SECTION 14. Articles 42A.551(a) and (c), Code of Criminal |
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| 384 | 384 | | Procedure, are amended to read as follows: |
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| 385 | 385 | | (a) Except as otherwise provided by Subsection (b) or (c), |
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| 386 | 386 | | on conviction of a state jail felony under Section 481.115(b-1) or |
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| 387 | 387 | | (b-2) [481.115(b)], 481.1151(b-1) [481.1151(b)(1)], 481.116(b-1) |
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| 388 | 388 | | [481.116(b)], 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), |
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| 389 | 389 | | Health and Safety Code, that is punished under Section 12.35(a), |
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| 390 | 390 | | Penal Code, the judge shall suspend the imposition of the sentence |
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| 391 | 391 | | and place the defendant on community supervision. |
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| 392 | 392 | | (c) Subsection (a) does not apply to a defendant who: |
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| 393 | 393 | | (1) under Section 481.1151(b-1) [481.1151(b)(1)], |
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| 394 | 394 | | Health and Safety Code, possessed more than five abuse units of the |
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| 395 | 395 | | controlled substance; |
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| 396 | 396 | | (2) under Section 481.1161(b)(3), Health and Safety |
|---|
| 397 | 397 | | Code, possessed more than one pound, by aggregate weight, including |
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| 398 | 398 | | adulterants or dilutants, of the controlled substance; or |
|---|
| 399 | 399 | | (3) under Section 481.121(b)(3), Health and Safety |
|---|
| 400 | 400 | | Code, possessed more than one pound of marihuana. |
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| 401 | 401 | | SECTION 15. The change in law made by this Act applies only |
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| 402 | 402 | | to an offense committed on or after the effective date of this Act. |
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| 403 | 403 | | An offense committed before the effective date of this Act is |
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| 404 | 404 | | governed by the law in effect on the date the offense was committed, |
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| 405 | 405 | | and the former law is continued in effect for that purpose. For |
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| 406 | 406 | | purposes of this section, an offense was committed before the |
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| 407 | 407 | | effective date of this Act if any element of the offense was |
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| 408 | 408 | | committed before that date. |
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| 409 | 409 | | SECTION 16. This Act takes effect September 1, 2023. |
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