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