LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
 
April 6, 2017

TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB73 by Guillen (Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia for defendants seeking assistance for a suspected overdose.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Health and Safety Code to establish a defense to possession of a controlled substance in certain circumstances.  The bill would create a defense to prosecution if the person was the first to request emergency medical assistance and met certain other criteria or if the person was the victim of a possible overdose for which emergency medical assistance was requested.  The Office of Court Administration has indicated that while the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant impact on the state court system is anticipated.

Local Government Impact

While the bill may result in a decrease in the number of convictions for possession of a controlled substance, no significant fiscal impact on local courts is anticipated.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
LBB Staff:
UP, KJo, PBO