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A BILL TO BE ENTITLED
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AN ACT
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relating to removing criminal penalties for the possession of drug |
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paraphernalia under the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 481.125, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.125. OFFENSE: [POSSESSION OR] DELIVERY OF DRUG |
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PARAPHERNALIA. |
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SECTION 2. Sections 481.125(a), (d), (g), and (h), Health |
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and Safety Code, are repealed. |
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SECTION 3. Section 481.115(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.1151(b)(1), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 4. Section 481.1151(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to |
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the possible overdose of the actor or another person. |
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SECTION 5. Section 481.116(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to |
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the possible overdose of the actor or another person. |
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SECTION 6. Section 481.1161(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to |
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the possible overdose of the actor or another person. |
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SECTION 7. Section 481.117(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.118(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to |
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the possible overdose of the actor or another person. |
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SECTION 8. Section 481.118(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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481.121(b)(1) or (2), or an offense under Section 481.119(b), |
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[481.125(a),] 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.119(c), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to |
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the possible overdose of the actor or another person. |
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SECTION 9. Section 481.119(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
|
actor or the place from which the request for medical assistance was |
|
made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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[481.125(a),] 483.041(a)[,] or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.121(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 10. Section 481.121(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
|
made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
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481.118(b), or an offense under Section 481.119(b), [481.125(a),] |
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483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), [481.125(g),] |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 11. Section 483.041(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) The defense to prosecution provided by Subsection (e) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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481.119(b)[, 481.125(a),] or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 481 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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[481.125(g),] or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 12. Section 485.031(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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actor or the place from which the request for medical assistance was |
|
made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
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481.119(b)[, 481.125(a),] or 483.041(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
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offense under this chapter or Chapter 481 or 483; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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[481.125(g),] or 483.041(e); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 13. The change in law made by this Act applies to |
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conduct that occurs before, on, or after the effective date of this |
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Act, except that a final conviction for an offense that exists on |
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the effective date of this Act is unaffected by this Act. |
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SECTION 14. This Act takes effect September 1, 2023. |