By: Raney, et al. (Senate Sponsor - Schwertner) H.B. No. 1694
         (In the Senate - Received from the House April 22, 2021;
  May 13, 2021, read first time and referred to Committee on Criminal
  Justice; May 20, 2021, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a 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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Jessica Sosa Act.
         SECTION 2.  Section 481.115, 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 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.
         (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 481.1151(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),
  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;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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.
         SECTION 3.  Section 481.1151, 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) 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),
  481.116(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);
               (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;
               (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), 481.116(f), 481.1161(c),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 4.  Section 481.116, 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), 481.1161(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;
               (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),
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 5.  Section 481.1161, 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), 481.117(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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 6.  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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 481.118, 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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 8.  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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 481.121, 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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 10.  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;
               (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); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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.
         SECTION 11.  Section 483.041, Health and Safety Code, is
  amended by adding Subsections (e), (f), and (g) to read as follows:
         (e)  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.
         (f)  The defense to prosecution provided by Subsection (e) 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), 481.125(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 481 or 485;
               (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),
  481.125(g), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (g)  The defense to prosecution provided by Subsection (e)
  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 (e) is not available.
         SECTION 12.  Section 485.031, 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 (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.
         (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
  481.119(b), 481.125(a), or 483.041(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 481 or 483;
               (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),
  481.125(g), or 483.041(e); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         (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 13.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 14.  This Act takes effect September 1, 2021.
 
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