The bill would amend various sections of the Health and Safety Code as they relate to the prosecution of certain offenses involving controlled substances and prohibited drugs, substances, or paraphernalia.  Under the provisions of the bill, requesting emergency medical assistance, remaining on the scene until medical assistance arrive, and cooperating with medical assistance and law enforcement personnel in response to the possible controlled substance overdose of another would provide for a defense to prosecution.   

Allowing for a defense to prosecution for a criminal offense is expected to decrease correctional supervision and/or incarceration populations and thereby decrease demands on county and/or state correctional resources. The state is responsible for confining convicted felony offenders and supervising them when released to parole. With funding support from the state, local probation departments are responsible for supervising convicted felony offenders under community supervision. However, it is assumed the number of offenders who would no longer be supervised or incarcerated under this statute would not significantly impact state correctional agency resources.