Texas Senate Bill SB334

Texas 2025 - 89th Regular

• Filed: 11/13/24

Caption

Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

Impact

The bill introduces a notable change in how law enforcement and judicial systems interact with individuals facing drug-related offenses. Specifically, it stipulates that certain defenses will not be available if certain conditions are met, such as if a peace officer is already in the process of arresting an individual or if the individual committed another crime at the time. By clarifying these defenses, SB334 endeavors to enhance the safety of both community members and responders by encouraging proactive measures in emergency situations. Furthermore, it aims to align legal considerations with health responses, addressing substance misuse as a public health issue.

Summary

SB334 proposes amendments to the Health and Safety Code regarding the defense to prosecution for individuals involved in the possession of controlled substances, marihuana, dangerous drugs, or drug paraphernalia who seek emergency medical assistance for a suspected overdose. The bill seeks to encourage individuals to call for help in overdose situations without the fear of legal repercussions, thereby aiming to save lives by prioritizing health over prosecution in critical moments. Realizing the dangers associated with substance abuse, this legislation attempts to remove barriers that may prevent someone from seeking lifesaving assistance during an overdose situation.

Contention

Debate surrounding SB334 likely centers on the balance between legal accountability and public health. Proponents argue that the bill is essential in reducing fatalities associated with drug overdoses, facilitating a more compassionate response to individuals in distress. Conversely, opponents may raise concerns about potential misuse of the provisions, suggesting that they might enable continued substance abuse behaviors without accountability. This tension highlights broader societal questions about how best to approach drug-related issues – whether through enforcement, support, or a combination of both.

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: 125

• Chapter 483. Dangerous Drugs
  • Section: 041

• Chapter 485. Abusable Volatile Chemicals
  • Section: 031