Honorable Joe Straus, Speaker of the House, House of Representatives
Ursula Parks, Director, Legislative Budget Board
HB225 by Guillen (Relating to the prescription, administration, and possession of certain opioid antagonists for the treatment of a suspected overdose and a defense to prosecution for certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Passed 2nd House
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. 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, being the first person to request emergency medical assistance during an ongoing medical emergency, remaining on the scene until medical assistance arrives, and cooperating with medical assistance and law enforcement personnel in response to the possible controlled substance overdose of the person or another would provide for a defense to prosecution in certain circumstances. In addition, the bill would provide for a defense to prosecution if the actor was a victim of a possible overdose for which emergency medical assistance was requested during an ongoing medical emergency in certain circumstances.
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. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.