84R389 GCB-D

By: Johnson H.B. No. 1099

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain offenses involving the delivery or possession of controlled substances and other prohibited drugs, substances, or paraphernalia.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.112, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is an exception to the application of an offense punishable under Subsection (b), other than an offense committed by manufacturing a controlled substance, 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.

SECTION 2. Section 481.1121, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of an offense punishable under Subsection (b)(1), other than an offense committed by manufacturing a controlled substance, 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.

SECTION 3. Section 481.113, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is an exception to the application of an offense punishable under Subsection (b), other than an offense committed by manufacturing a controlled substance, 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.

SECTION 4. Section 481.114, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is an exception to the application of an offense punishable under Subsection (b), other than an offense committed by manufacturing a controlled substance, 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.

SECTION 5. Section 481.115, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is an exception to the application of 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.

SECTION 6. Section 481.1151, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of 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.

SECTION 7. Section 481.116, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is an exception to the application of 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.

SECTION 8. Section 481.1161, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of 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.

SECTION 9. Section 481.117, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is an exception to the application of 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.

SECTION 10. Section 481.118, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is an exception to the application of 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.

SECTION 11. Section 481.119, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of an offense under Subsection (a) or (b), other than an offense committed by manufacturing a controlled substance, 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.

SECTION 12. Section 481.120, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of 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.

SECTION 13. Section 481.121, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is an exception to the application of 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.

SECTION 14. Section 481.122, Health and Safety Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) It is an exception to the application of this section 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.

SECTION 15. Section 481.125, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is an exception to the application of Subsection (a) or an offense under Subsection (b), other than an offense committed by manufacturing drug paraphernalia, 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.

SECTION 16. Section 483.041, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) It is an exception to the application of Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible dangerous drug 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.

SECTION 17. Section 483.042, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is an exception to the application of this section that the actor:

(1) requested emergency medical assistance in response to the possible dangerous drug 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.

SECTION 18. 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 this section 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.

SECTION 19. Section 485.032, Health and Safety Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) It is an exception to the application of this section 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.

SECTION 20. Section 485.033, Health and Safety Code, is amended by adding Subsection (d) to read as follows:

(d) It is an exception to the application of Subsection (a) or an offense under Subsection (b), other than an offense committed by manufacturing inhalant paraphernalia, 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.

SECTION 21. 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.

SECTION 22. This Act takes effect September 1, 2015.