Texas House Bill HB1790

Texas 2025 - 89th Regular

• Filed: 1/8/25

Caption

Relating to criminal penalties and defenses to prosecution for certain drug possession and drug paraphernalia offenses.

Impact

This bill is expected to impact the statutory framework concerning drug-related offenses significantly. By clarifying the defenses available for individuals seeking emergency medical assistance, it may encourage individuals to call for help in overdose situations without the fear of legal repercussions. It amends several definitions and provisions that could alter how judges and juries assess situations involving drug possession and requests for help, ultimately seeking to reduce the number of fatalities from overdoses.

Summary

House Bill 1790 pertains to the changes in criminal penalties and defenses relating to certain drug possession and drug paraphernalia offenses in Texas. It aims to amend existing statutes within the Health and Safety Code, particularly focusing on how defenses can be applied in cases involving emergency medical assistance requests. The bill specifies circumstances under which individuals can use a defense when prosecuted for various drug-related offenses, notably when they seek medical help during an overdose situation.

Contention

The conversation around HB 1790 likely centers on concerns about drug enforcement and public health. Supporters of the bill argue that offering legal protections for those who seek help during emergencies will promote responsible behavior and potentially save lives. Conversely, there may be opposition from groups concerned about the implications of decriminalizing or reducing the legal consequences for drug possession, fearing it could diminish efforts to combat drug abuse and reinforce negative behaviors. The delineation of 'other offenses' that disqualify individuals from utilizing defenses presents a focal point of debate as well.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 115
  • Section: 1151
  • Section: 116
  • Section: 1161
  • Section: 117
  • Section: 118
  • Section: 119
  • Section: 121
  • Section: 125

• Chapter 483. Dangerous Drugs
  • Section: 041

• Chapter 485. Abusable Volatile Chemicals
  • Section: 031