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A BILL TO BE ENTITLED
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AN ACT
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relating to the defense to prosecution for certain offenses |
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involving possession of small amounts of controlled substances, |
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marihuana, dangerous drugs, or abusable volatile chemicals, or |
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possession of drug paraphernalia for defendants seeking assistance |
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for a 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(h), Health and Safety Code, is |
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amended to read as follows: |
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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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(1) [(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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(2) [(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; |
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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); or |
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 2. Section 481.1151(d), Health and Safety Code, is |
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amended to read as follows: |
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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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(1) [(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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(2) [(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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481.116(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; |
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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); or |
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 3. Section 481.116(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) 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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(1) [(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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(2) [(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), 481.1161(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; |
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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), 481.1161(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); or |
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 4. Section 481.1161(d), Health and Safety Code, is |
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amended to read as follows: |
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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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(1) [(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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(2) [(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), 481.117(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; |
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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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481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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483.041(e), or 485.031(c); or |
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 5. Section 481.117(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) 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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(1) [(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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(2) [(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), 481.118(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; |
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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), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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483.041(e), or 485.031(c); or |
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 6. Section 481.118(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) is |
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|
not available if[: |
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|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
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|
(1) [(A)] a peace officer was in the process of |
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|
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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(2) [(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), 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 |
|
|
offense under this chapter or Chapter 483 or 485; |
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[(3) the actor was acquitted in a previous proceeding |
|
|
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), |
|
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
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483.041(e), or 485.031(c); or |
|
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[(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
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overdose of the actor or another person]. |
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SECTION 7. Section 481.119(d), Health and Safety Code, is |
|
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if[: |
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|
[(1)] at the time the request for emergency medical |
|
|
assistance was made: |
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|
(1) [(A)] a peace officer was in the process of |
|
|
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 |
|
|
made; or |
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(2) [(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 |
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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 |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
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[(3) the actor was acquitted in a previous proceeding |
|
|
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), |
|
|
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 |
|
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the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
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overdose of the actor or another person]. |
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SECTION 8. Section 481.121(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(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: |
|
|
(1) [(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 |
|
|
(2) [(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 |
|
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overdose of the actor or another person]. |
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SECTION 9. Section 481.125(h), Health and Safety Code, is |
|
|
amended to read as follows: |
|
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(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: |
|
|
(1) [(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 |
|
|
(2) [(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 |
|
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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]. |
|
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SECTION 10. Section 483.041(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(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: |
|
|
(1) [(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 |
|
|
(2) [(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]. |
|
|
SECTION 11. Section 485.031(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(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: |
|
|
(1) [(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 |
|
|
(2) [(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]. |
|
|
SECTION 12. The changes in law made by this Act apply 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 13. This Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |