| 1 | 1 | | 88S40218 CJD-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 30 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the defense to prosecution for certain offenses |
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| 8 | 8 | | involving possession of small amounts of controlled substances, |
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| 9 | 9 | | marihuana, dangerous drugs, or abusable volatile chemicals, or |
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| 10 | 10 | | possession of drug paraphernalia for defendants seeking assistance |
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| 11 | 11 | | for a suspected overdose. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 481.115(h), Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 16 | 16 | | not available if[: |
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| 17 | 17 | | [(1)] at the time the request for emergency medical |
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| 18 | 18 | | assistance was made: |
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| 19 | 19 | | (1) [(A)] a peace officer was in the process of |
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| 20 | 20 | | arresting the actor or executing a search warrant describing the |
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| 21 | 21 | | actor or the place from which the request for medical assistance was |
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| 22 | 22 | | made; or |
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| 23 | 23 | | (2) [(B)] the actor is committing another offense, |
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| 24 | 24 | | other than an offense punishable under Section 481.1151(b)(1), |
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| 25 | 25 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 26 | 26 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 27 | 27 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 28 | 28 | | [(2) the actor has been previously convicted of or |
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| 29 | 29 | | placed on deferred adjudication community supervision for an |
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| 30 | 30 | | offense under this chapter or Chapter 483 or 485; |
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| 31 | 31 | | [(3) the actor was acquitted in a previous proceeding |
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| 32 | 32 | | in which the actor successfully established the defense under that |
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| 33 | 33 | | subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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| 34 | 34 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 35 | 35 | | 483.041(e), or 485.031(c); or |
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| 36 | 36 | | [(4) at any time during the 18-month period preceding |
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| 37 | 37 | | the date of the commission of the instant offense, the actor |
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| 38 | 38 | | requested emergency medical assistance in response to the possible |
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| 39 | 39 | | overdose of the actor or another person]. |
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| 40 | 40 | | SECTION 2. Section 481.1151(d), Health and Safety Code, is |
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| 41 | 41 | | amended to read as follows: |
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| 42 | 42 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 43 | 43 | | not available if[: |
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| 44 | 44 | | [(1)] at the time the request for emergency medical |
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| 45 | 45 | | assistance was made: |
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| 46 | 46 | | (1) [(A)] a peace officer was in the process of |
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| 47 | 47 | | arresting the actor or executing a search warrant describing the |
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| 48 | 48 | | actor or the place from which the request for medical assistance was |
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| 49 | 49 | | made; or |
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| 50 | 50 | | (2) [(B)] the actor is committing another offense, |
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| 51 | 51 | | other than an offense punishable under Section 481.115(b), |
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| 52 | 52 | | 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 53 | 53 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 54 | 54 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 55 | 55 | | [(2) the actor has been previously convicted of or |
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| 56 | 56 | | placed on deferred adjudication community supervision for an |
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| 57 | 57 | | offense under this chapter or Chapter 483 or 485; |
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| 58 | 58 | | [(3) the actor was acquitted in a previous proceeding |
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| 59 | 59 | | in which the actor successfully established the defense under that |
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| 60 | 60 | | subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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| 61 | 61 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 62 | 62 | | 483.041(e), or 485.031(c); or |
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| 63 | 63 | | [(4) at any time during the 18-month period preceding |
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| 64 | 64 | | the date of the commission of the instant offense, the actor |
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| 65 | 65 | | requested emergency medical assistance in response to the possible |
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| 66 | 66 | | overdose of the actor or another person]. |
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| 67 | 67 | | SECTION 3. Section 481.116(g), Health and Safety Code, is |
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| 68 | 68 | | amended to read as follows: |
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| 69 | 69 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 70 | 70 | | not available if[: |
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| 71 | 71 | | [(1)] at the time the request for emergency medical |
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| 72 | 72 | | assistance was made: |
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| 73 | 73 | | (1) [(A)] a peace officer was in the process of |
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| 74 | 74 | | arresting the actor or executing a search warrant describing the |
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| 75 | 75 | | actor or the place from which the request for medical assistance was |
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| 76 | 76 | | made; or |
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| 77 | 77 | | (2) [(B)] the actor is committing another offense, |
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| 78 | 78 | | other than an offense punishable under Section 481.115(b), |
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| 79 | 79 | | 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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| 80 | 80 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 81 | 81 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 82 | 82 | | [(2) the actor has been previously convicted of or |
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| 83 | 83 | | placed on deferred adjudication community supervision for an |
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| 84 | 84 | | offense under this chapter or Chapter 483 or 485; |
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| 85 | 85 | | [(3) the actor was acquitted in a previous proceeding |
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| 86 | 86 | | in which the actor successfully established the defense under that |
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| 87 | 87 | | subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
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| 88 | 88 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 89 | 89 | | 483.041(e), or 485.031(c); or |
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| 90 | 90 | | [(4) at any time during the 18-month period preceding |
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| 91 | 91 | | the date of the commission of the instant offense, the actor |
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| 92 | 92 | | requested emergency medical assistance in response to the possible |
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| 93 | 93 | | overdose of the actor or another person]. |
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| 94 | 94 | | SECTION 4. Section 481.1161(d), Health and Safety Code, is |
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| 95 | 95 | | amended to read as follows: |
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| 96 | 96 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 97 | 97 | | not available if[: |
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| 98 | 98 | | [(1)] at the time the request for emergency medical |
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| 99 | 99 | | assistance was made: |
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| 100 | 100 | | (1) [(A)] a peace officer was in the process of |
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| 101 | 101 | | arresting the actor or executing a search warrant describing the |
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| 102 | 102 | | actor or the place from which the request for medical assistance was |
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| 103 | 103 | | made; or |
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| 104 | 104 | | (2) [(B)] the actor is committing another offense, |
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| 105 | 105 | | other than an offense punishable under Section 481.115(b), |
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| 106 | 106 | | 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
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| 107 | 107 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 108 | 108 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 109 | 109 | | [(2) the actor has been previously convicted of or |
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| 110 | 110 | | placed on deferred adjudication community supervision for an |
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| 111 | 111 | | offense under this chapter or Chapter 483 or 485; |
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| 112 | 112 | | [(3) the actor was acquitted in a previous proceeding |
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| 113 | 113 | | in which the actor successfully established the defense under that |
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| 114 | 114 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 115 | 115 | | 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 116 | 116 | | 483.041(e), or 485.031(c); or |
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| 117 | 117 | | [(4) at any time during the 18-month period preceding |
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| 118 | 118 | | the date of the commission of the instant offense, the actor |
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| 119 | 119 | | requested emergency medical assistance in response to the possible |
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| 120 | 120 | | overdose of the actor or another person]. |
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| 121 | 121 | | SECTION 5. Section 481.117(g), Health and Safety Code, is |
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| 122 | 122 | | amended to read as follows: |
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| 123 | 123 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 124 | 124 | | not available if[: |
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| 125 | 125 | | [(1)] at the time the request for emergency medical |
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| 126 | 126 | | assistance was made: |
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| 127 | 127 | | (1) [(A)] a peace officer was in the process of |
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| 128 | 128 | | arresting the actor or executing a search warrant describing the |
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| 129 | 129 | | actor or the place from which the request for medical assistance was |
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| 130 | 130 | | made; or |
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| 131 | 131 | | (2) [(B)] the actor is committing another offense, |
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| 132 | 132 | | other than an offense punishable under Section 481.115(b), |
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| 133 | 133 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
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| 134 | 134 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 135 | 135 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 136 | 136 | | [(2) the actor has been previously convicted of or |
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| 137 | 137 | | placed on deferred adjudication community supervision for an |
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| 138 | 138 | | offense under this chapter or Chapter 483 or 485; |
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| 139 | 139 | | [(3) the actor was acquitted in a previous proceeding |
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| 140 | 140 | | in which the actor successfully established the defense under that |
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| 141 | 141 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 142 | 142 | | 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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| 143 | 143 | | 483.041(e), or 485.031(c); or |
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| 144 | 144 | | [(4) at any time during the 18-month period preceding |
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| 145 | 145 | | the date of the commission of the instant offense, the actor |
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| 146 | 146 | | requested emergency medical assistance in response to the possible |
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| 147 | 147 | | overdose of the actor or another person]. |
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| 148 | 148 | | SECTION 6. Section 481.118(g), Health and Safety Code, is |
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| 149 | 149 | | amended to read as follows: |
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| 150 | 150 | | (g) The defense to prosecution provided by Subsection (f) is |
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| 151 | 151 | | not available if[: |
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| 152 | 152 | | [(1)] at the time the request for emergency medical |
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| 153 | 153 | | assistance was made: |
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| 154 | 154 | | (1) [(A)] a peace officer was in the process of |
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| 155 | 155 | | arresting the actor or executing a search warrant describing the |
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| 156 | 156 | | actor or the place from which the request for medical assistance was |
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| 157 | 157 | | made; or |
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| 158 | 158 | | (2) [(B)] the actor is committing another offense, |
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| 159 | 159 | | other than an offense punishable under Section 481.115(b), |
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| 160 | 160 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 161 | 161 | | 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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| 162 | 162 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 163 | 163 | | [(2) the actor has been previously convicted of or |
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| 164 | 164 | | placed on deferred adjudication community supervision for an |
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| 165 | 165 | | offense under this chapter or Chapter 483 or 485; |
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| 166 | 166 | | [(3) the actor was acquitted in a previous proceeding |
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| 167 | 167 | | in which the actor successfully established the defense under that |
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| 168 | 168 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 169 | 169 | | 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
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| 170 | 170 | | 483.041(e), or 485.031(c); or |
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| 171 | 171 | | [(4) at any time during the 18-month period preceding |
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| 172 | 172 | | the date of the commission of the instant offense, the actor |
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| 173 | 173 | | requested emergency medical assistance in response to the possible |
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| 174 | 174 | | overdose of the actor or another person]. |
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| 175 | 175 | | SECTION 7. Section 481.119(d), Health and Safety Code, is |
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| 176 | 176 | | amended to read as follows: |
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| 177 | 177 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 178 | 178 | | not available if[: |
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| 179 | 179 | | [(1)] at the time the request for emergency medical |
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| 180 | 180 | | assistance was made: |
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| 181 | 181 | | (1) [(A)] a peace officer was in the process of |
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| 182 | 182 | | arresting the actor or executing a search warrant describing the |
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| 183 | 183 | | actor or the place from which the request for medical assistance was |
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| 184 | 184 | | made; or |
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| 185 | 185 | | (2) [(B)] the actor is committing another offense, |
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| 186 | 186 | | other than an offense punishable under Section 481.115(b), |
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| 187 | 187 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 188 | 188 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 189 | 189 | | 481.125(a), 483.041(a), or 485.031(a)[; |
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| 190 | 190 | | [(2) the actor has been previously convicted of or |
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| 191 | 191 | | placed on deferred adjudication community supervision for an |
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| 192 | 192 | | offense under this chapter or Chapter 483 or 485; |
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| 193 | 193 | | [(3) the actor was acquitted in a previous proceeding |
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| 194 | 194 | | in which the actor successfully established the defense under that |
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| 195 | 195 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 196 | 196 | | 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
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| 197 | 197 | | 483.041(e), or 485.031(c); or |
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| 198 | 198 | | [(4) at any time during the 18-month period preceding |
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| 199 | 199 | | the date of the commission of the instant offense, the actor |
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| 200 | 200 | | requested emergency medical assistance in response to the possible |
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| 201 | 201 | | overdose of the actor or another person]. |
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| 202 | 202 | | SECTION 8. Section 481.121(d), Health and Safety Code, is |
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| 203 | 203 | | amended to read as follows: |
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| 204 | 204 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 205 | 205 | | not available if[: |
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| 206 | 206 | | [(1)] at the time the request for emergency medical |
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| 207 | 207 | | assistance was made: |
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| 208 | 208 | | (1) [(A)] a peace officer was in the process of |
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| 209 | 209 | | arresting the actor or executing a search warrant describing the |
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| 210 | 210 | | actor or the place from which the request for medical assistance was |
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| 211 | 211 | | made; or |
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| 212 | 212 | | (2) [(B)] the actor is committing another offense, |
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| 213 | 213 | | other than an offense punishable under Section 481.115(b), |
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| 214 | 214 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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| 215 | 215 | | 481.118(b), or an offense under Section 481.119(b), 481.125(a), |
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| 216 | 216 | | 483.041(a), or 485.031(a)[; |
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| 217 | 217 | | [(2) the actor has been previously convicted of or |
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| 218 | 218 | | placed on deferred adjudication community supervision for an |
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| 219 | 219 | | offense under this chapter or Chapter 483 or 485; |
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| 220 | 220 | | [(3) the actor was acquitted in a previous proceeding |
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| 221 | 221 | | in which the actor successfully established the defense under that |
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| 222 | 222 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 223 | 223 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), |
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| 224 | 224 | | 483.041(e), or 485.031(c); or |
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| 225 | 225 | | [(4) at any time during the 18-month period preceding |
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| 226 | 226 | | the date of the commission of the instant offense, the actor |
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| 227 | 227 | | requested emergency medical assistance in response to the possible |
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| 228 | 228 | | overdose of the actor or another person]. |
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| 229 | 229 | | SECTION 9. Section 481.125(h), Health and Safety Code, is |
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| 230 | 230 | | amended to read as follows: |
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| 231 | 231 | | (h) The defense to prosecution provided by Subsection (g) is |
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| 232 | 232 | | not available if[: |
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| 233 | 233 | | [(1)] at the time the request for emergency medical |
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| 234 | 234 | | assistance was made: |
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| 235 | 235 | | (1) [(A)] a peace officer was in the process of |
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| 236 | 236 | | arresting the actor or executing a search warrant describing the |
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| 237 | 237 | | actor or the place from which the request for medical assistance was |
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| 238 | 238 | | made; or |
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| 239 | 239 | | (2) [(B)] the actor is committing another offense, |
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| 240 | 240 | | other than an offense punishable under Section 481.115(b), |
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| 241 | 241 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 242 | 242 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 243 | 243 | | 481.119(b), 483.041(a), or 485.031(a)[; |
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| 244 | 244 | | [(2) the actor has been previously convicted of or |
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| 245 | 245 | | placed on deferred adjudication community supervision for an |
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| 246 | 246 | | offense under this chapter or Chapter 483 or 485; |
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| 247 | 247 | | [(3) the actor was acquitted in a previous proceeding |
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| 248 | 248 | | in which the actor successfully established the defense under that |
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| 249 | 249 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 250 | 250 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 251 | 251 | | 483.041(e), or 485.031(c); or |
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| 252 | 252 | | [(4) at any time during the 18-month period preceding |
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| 253 | 253 | | the date of the commission of the instant offense, the actor |
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| 254 | 254 | | requested emergency medical assistance in response to the possible |
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| 255 | 255 | | overdose of the actor or another person]. |
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| 256 | 256 | | SECTION 10. Section 483.041(f), Health and Safety Code, is |
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| 257 | 257 | | amended to read as follows: |
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| 258 | 258 | | (f) The defense to prosecution provided by Subsection (e) is |
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| 259 | 259 | | not available if[: |
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| 260 | 260 | | [(1)] at the time the request for emergency medical |
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| 261 | 261 | | assistance was made: |
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| 262 | 262 | | (1) [(A)] a peace officer was in the process of |
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| 263 | 263 | | arresting the actor or executing a search warrant describing the |
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| 264 | 264 | | actor or the place from which the request for medical assistance was |
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| 265 | 265 | | made; or |
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| 266 | 266 | | (2) [(B)] the actor is committing another offense, |
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| 267 | 267 | | other than an offense punishable under Section 481.115(b), |
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| 268 | 268 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 269 | 269 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 270 | 270 | | 481.119(b), 481.125(a), or 485.031(a)[; |
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| 271 | 271 | | [(2) the actor has been previously convicted of or |
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| 272 | 272 | | placed on deferred adjudication community supervision for an |
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| 273 | 273 | | offense under this chapter or Chapter 481 or 485; |
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| 274 | 274 | | [(3) the actor was acquitted in a previous proceeding |
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| 275 | 275 | | in which the actor successfully established the defense under that |
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| 276 | 276 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 277 | 277 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 278 | 278 | | 481.125(g), or 485.031(c); or |
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| 279 | 279 | | [(4) at any time during the 18-month period preceding |
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| 280 | 280 | | the date of the commission of the instant offense, the actor |
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| 281 | 281 | | requested emergency medical assistance in response to the possible |
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| 282 | 282 | | overdose of the actor or another person]. |
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| 283 | 283 | | SECTION 11. Section 485.031(d), Health and Safety Code, is |
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| 284 | 284 | | amended to read as follows: |
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| 285 | 285 | | (d) The defense to prosecution provided by Subsection (c) is |
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| 286 | 286 | | not available if[: |
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| 287 | 287 | | [(1)] at the time the request for emergency medical |
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| 288 | 288 | | assistance was made: |
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| 289 | 289 | | (1) [(A)] a peace officer was in the process of |
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| 290 | 290 | | arresting the actor or executing a search warrant describing the |
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| 291 | 291 | | actor or the place from which the request for medical assistance was |
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| 292 | 292 | | made; or |
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| 293 | 293 | | (2) [(B)] the actor is committing another offense, |
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| 294 | 294 | | other than an offense punishable under Section 481.115(b), |
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| 295 | 295 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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| 296 | 296 | | 481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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| 297 | 297 | | 481.119(b), 481.125(a), or 483.041(a)[; |
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| 298 | 298 | | [(2) the actor has been previously convicted of or |
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| 299 | 299 | | placed on deferred adjudication community supervision for an |
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| 300 | 300 | | offense under this chapter or Chapter 481 or 483; |
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| 301 | 301 | | [(3) the actor was acquitted in a previous proceeding |
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| 302 | 302 | | in which the actor successfully established the defense under that |
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| 303 | 303 | | subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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| 304 | 304 | | 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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| 305 | 305 | | 481.125(g), or 483.041(e); or |
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| 306 | 306 | | [(4) at any time during the 18-month period preceding |
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| 307 | 307 | | the date of the commission of the instant offense, the actor |
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| 308 | 308 | | requested emergency medical assistance in response to the possible |
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| 309 | 309 | | overdose of the actor or another person]. |
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| 310 | 310 | | SECTION 12. The changes in law made by this Act apply only |
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| 311 | 311 | | to an offense committed on or after the effective date of this Act. |
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| 312 | 312 | | An offense committed before the effective date of this Act is |
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| 313 | 313 | | governed by the law in effect on the date the offense was committed, |
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| 314 | 314 | | and the former law is continued in effect for that purpose. For |
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| 315 | 315 | | purposes of this section, an offense was committed before the |
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| 316 | 316 | | effective date of this Act if any element of the offense occurred |
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| 317 | 317 | | before that date. |
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| 318 | 318 | | SECTION 13. This Act takes effect on the 91st day after the |
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| 319 | 319 | | last day of the legislative session. |
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