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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain offenses involving the |
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delivery or possession of controlled substances and other |
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prohibited drugs, substances, or paraphernalia. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.112, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of an offense |
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punishable under Subsection (b), other than an offense committed by |
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manufacturing a controlled substance, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 2. Section 481.1121, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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punishable under Subsection (b)(1), other than an offense committed |
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by manufacturing a controlled substance, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 3. Section 481.113, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is an exception to the application of an offense |
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punishable under Subsection (b), other than an offense committed by |
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manufacturing a controlled substance, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 4. Section 481.114, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is an exception to the application of an offense |
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punishable under Subsection (b), other than an offense committed by |
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manufacturing a controlled substance, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 5. Section 481.115, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of an offense |
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punishable under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 6. Section 481.1151, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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punishable under Subsection (b)(1) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 7. Section 481.116, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is an exception to the application of an offense |
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punishable under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 8. Section 481.1161, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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punishable under Subsection (b)(1) or (2) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 9. Section 481.117, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is an exception to the application of an offense |
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punishable under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 10. Section 481.118, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is an exception to the application of an offense |
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punishable under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 11. Section 481.119, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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under Subsection (a) or (b), other than an offense committed by |
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manufacturing a controlled substance, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 12. Section 481.120, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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punishable under Subsection (b)(1) or (2) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 13. Section 481.121, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of an offense |
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punishable under Subsection (b)(1) or (2) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 14. Section 481.122, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) It is an exception to the application of this section |
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that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 15. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of Subsection (a) |
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or an offense under Subsection (b), other than an offense committed |
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by manufacturing drug paraphernalia, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible controlled substance overdose of another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 16. Section 483.041, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) It is an exception to the application of Subsection (a) |
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that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible dangerous drug overdose of another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 17. Section 483.042, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of this section |
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that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible dangerous drug overdose of another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 18. Section 485.031, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an exception to the application of this section |
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that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible abusable volatile chemical overdose of |
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another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 19. Section 485.032, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) It is an exception to the application of this section |
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that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible abusable volatile chemical overdose of |
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another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 20. Section 485.033, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) It is an exception to the application of Subsection (a) |
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or an offense under Subsection (b), other than an offense committed |
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by manufacturing inhalant paraphernalia, that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible abusable volatile chemical overdose of |
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another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); |
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(3) remained on the scene until the medical assistance |
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arrived; and |
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(4) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 21. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 22. This Act takes effect September 1, 2015. |