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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain offenses involving |
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possession of small amounts of controlled substances, marihuana, |
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dangerous drugs, or abusable volatile chemicals, or possession of |
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drug paraphernalia for defendants seeking assistance for a |
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suspected overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.115, Health and Safety Code, is |
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amended by adding Subsections (g), (h), and (i) to read as follows: |
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(g) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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|
during an ongoing medical emergency; |
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|
(B) remained on the scene until the medical |
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|
assistance arrived; and |
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|
(C) cooperated with medical assistance and law |
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|
enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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|
actor or the place from which the request for medical assistance was |
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|
made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.1151(b)(1), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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481.125(a), 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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|
placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; or |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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483.041(e), or 485.031(c). |
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(i) The defense to prosecution provided by Subsection (g) |
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does not preclude the admission of evidence obtained by law |
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|
enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (g) is not available. |
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SECTION 2. Section 481.1151, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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|
under Subsection (b)(1) that the actor: |
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|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
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|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
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|
enforcement personnel; or |
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|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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|
not available if: |
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(1) at the time the request for emergency medical |
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|
assistance was made: |
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|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
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|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
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|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
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|
offense under this chapter or Chapter 483 or 485; or |
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|
(3) the actor was acquitted in a previous proceeding |
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|
in which the actor successfully established the defense under that |
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|
subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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|
483.041(e), or 485.031(c). |
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(e) The defense to prosecution provided by Subsection (c) |
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|
does not preclude the admission of evidence obtained by law |
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|
enforcement resulting from the request for emergency medical |
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|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (c) is not available. |
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SECTION 3. Section 481.116, Health and Safety Code, is |
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|
amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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|
under Subsection (b) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
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|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
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483.041(e), or 485.031(c). |
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(h) The defense to prosecution provided by Subsection (f) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (f) is not available. |
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|
SECTION 4. Section 481.1161, Health and Safety Code, is |
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|
amended by adding Subsections (c), (d), and (e) to read as follows: |
|
|
(c) It is a defense to prosecution for an offense punishable |
|
|
under Subsection (b)(1) or (2) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c). |
|
|
(e) The defense to prosecution provided by Subsection (c) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (c) is not available. |
|
|
SECTION 5. Section 481.117, Health and Safety Code, is |
|
|
amended by adding Subsections (f), (g), and (h) to read as follows: |
|
|
(f) It is a defense to prosecution for an offense punishable |
|
|
under Subsection (b) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c). |
|
|
(h) The defense to prosecution provided by Subsection (f) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (f) is not available. |
|
|
SECTION 6. Section 481.118, Health and Safety Code, is |
|
|
amended by adding Subsections (f), (g), and (h) to read as follows: |
|
|
(f) It is a defense to prosecution for an offense punishable |
|
|
under Subsection (b) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c). |
|
|
(h) The defense to prosecution provided by Subsection (f) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (f) is not available. |
|
|
SECTION 7. Section 481.119, Health and Safety Code, is |
|
|
amended by adding Subsections (c), (d), and (e) to read as follows: |
|
|
(c) It is a defense to prosecution for an offense under |
|
|
Subsection (b) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c). |
|
|
(e) The defense to prosecution provided by Subsection (c) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (c) is not available. |
|
|
SECTION 8. Section 481.121, Health and Safety Code, is |
|
|
amended by adding Subsections (c), (d), and (e) to read as follows: |
|
|
(c) It is a defense to prosecution for an offense punishable |
|
|
under Subsection (b)(1) or (2) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.118(b), or an offense under Section 481.119(b), 481.125(a), |
|
|
483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), |
|
|
483.041(e), or 485.031(c). |
|
|
(e) The defense to prosecution provided by Subsection (c) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (c) is not available. |
|
|
SECTION 9. Section 481.125, Health and Safety Code, is |
|
|
amended by adding Subsections (g), (h), and (i) to read as follows: |
|
|
(g) It is a defense to prosecution for an offense under |
|
|
Subsection (a) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
(h) The defense to prosecution provided by Subsection (g) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
|
481.119(b), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; or |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
483.041(e), or 485.031(c). |
|
|
(i) The defense to prosecution provided by Subsection (g) |
|
|
does not preclude the admission of evidence obtained by law |
|
|
enforcement resulting from the request for emergency medical |
|
|
assistance if that evidence pertains to an offense for which the |
|
|
defense described by Subsection (g) is not available. |
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SECTION 10. Section 483.041, Health and Safety Code, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(f) The defense to prosecution provided by Subsection (e) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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481.119(b), 481.125(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 481 or 485; or |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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481.125(g), or 485.031(c). |
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(g) The defense to prosecution provided by Subsection (e) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (e) is not available. |
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SECTION 11. Section 485.031, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
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|
(2) was the victim of a possible overdose for which |
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|
emergency medical assistance was requested, by the actor or by |
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|
another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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|
actor or the place from which the request for medical assistance was |
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|
made; or |
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|
(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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481.119(b), 481.125(a), or 483.041(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 481 or 483; or |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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481.125(g), or 483.041(e). |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 12. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 13. This Act takes effect September 1, 2021. |