Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
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.), Committee Report 1st House, Substituted
The provisions of the bill addressing felony sanctions 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, 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 the person or 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 state correctional resources. This analysis assumes implementing the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.
UP, ESi, LM