INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 481.115,
Health and Safety Code, is amended by adding Subsection (g) to read as
follows:
(g) It is a defense to
prosecution under Subsection (a) that
the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 1. Section 481.115,
Health and Safety Code, is amended by adding Subsection (g) to read as
follows:
(g) It is a defense to
prosecution for an offense punishable under
Subsection (b) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 2. Section 481.1151,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 2. Section 481.1151,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is a defense to
prosecution for an offense punishable under
Subsection (b)(1) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 3. Section 481.116,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 3. Section 481.116,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution for an offense punishable under
Subsection (b) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 4. Section 481.1161,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 4. Section 481.1161,
Health and Safety Code, is amended by adding Subsection (c) 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) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 5. Section 481.117,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 5. Section 481.117,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution for an offense punishable under
Subsection (b) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 6. Section 481.118,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 6. Section 481.118,
Health and Safety Code, is amended by adding Subsection (f) to read as
follows:
(f) It is a defense to
prosecution for an offense punishable under
Subsection (b) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 7. Section 481.119,
Health and Safety Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Section 481.121,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is a defense to
prosecution under Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 8. Section 481.121,
Health and Safety Code, is amended by adding Subsection (c) 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) requested emergency
medical assistance in response to the possible controlled substance
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 9. Section 481.125,
Health and Safety Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Section 483.041,
Health and Safety Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 11. Section 485.031,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is an exception to the application of
Subsection (a) that the actor:
(1) requested emergency
medical assistance in response to the possible abusable volatile chemical
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 11. Section 485.031,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) It is a defense to prosecution under Subsection
(a) that the actor:
(1) requested emergency
medical assistance in response to the possible abusable volatile chemical
overdose of another person;
(2) was the first person
to make a request for medical assistance under Subdivision (1);
(3) remained on the scene
until the medical assistance arrived; and
(4) cooperated with
medical assistance and law enforcement personnel.
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SECTION 12. 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.
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SECTION 12. Same as
introduced version.
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SECTION 13. This Act takes
effect September 1, 2013.
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SECTION 13. Same as
introduced version.
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