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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain evidence obtained solely |
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as the direct result of a request for emergency medical services for |
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an overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. EMERGENCY MEDICAL SERVICES FOR ALCOHOL OR |
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CONTROLLED SUBSTANCE OVERDOSE |
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Sec. 161.051. DEFINITIONS. In this chapter: |
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(1) "Controlled substance" and "drug" have the |
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meanings assigned by Section 481.002, Health and Safety Code. |
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(2) "Dangerous drug" has the meaning assigned by |
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Section 483.001, Health and Safety Code. |
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(3) "Emergency medical services" means services used |
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to respond to an individual's perceived need for immediate medical |
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care and to prevent death or aggravation of physiological or |
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psychological illness or injury. |
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(4) "Intoxicated" has the meaning assigned by Section |
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49.01, Penal Code. |
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Sec. 161.052. ADMISSIBILITY OF EVIDENCE OBTAINED AS RESULT |
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OF CERTAIN REQUESTS FOR EMERGENCY MEDICAL SERVICES. Evidence |
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obtained solely as the direct result of a request made in good faith |
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for emergency medical services in response to a person's possible |
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overdose of alcohol or of a controlled substance, drug, dangerous |
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drug, or other substance may not be admitted as evidence or |
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otherwise disclosed in any civil, criminal, or administrative |
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proceeding to show that a person: |
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(1) possessed or consumed alcohol; |
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(2) possessed or consumed a controlled substance, |
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drug, dangerous drug, or other substance; or |
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(3) was intoxicated. |
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SECTION 2. The change in law made by this Act applies to |
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evidence obtained as the direct result of a request for emergency |
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medical services made on or after the effective date of this Act. |
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Evidence obtained as the direct result of a request for emergency |
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medical services made before the effective date of this Act is |
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covered by the law as it existed at the time the request was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |