88R864 MCF-F
 
  By: Eckhardt S.B. No. 1183
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the defense to prosecution for certain offenses
  involving possession of small amounts of controlled substances,
  marihuana, dangerous drugs, or abusable volatile chemicals, or
  possession of drug paraphernalia for defendants seeking assistance
  for a suspected overdose.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.115(h), Health and Safety Code, is
  amended to read as follows:
         (h)  The defense to prosecution provided by Subsection (g) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.1151(b)(1),
  481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 2.  Section 481.1151(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.116(f), 481.1161(c),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 3.  Section 481.116(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 4.  Section 481.1161(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 5.  Section 481.117(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 6.  Section 481.118(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
  481.121(b)(1) or (2), or an offense under Section 481.119(b),
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 7.  Section 481.119(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
  481.118(b), or 481.121(b)(1) or (2), or an offense under Section
  481.125(a), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 8.  Section 481.121(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
  481.118(b), or an offense under Section 481.119(b), 481.125(a),
  483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 9.  Section 481.125(h), Health and Safety Code, is
  amended to read as follows:
         (h)  The defense to prosecution provided by Subsection (g) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
  481.118(b), or 481.121(b)(1) or (2), or an offense under Section
  481.119(b), 483.041(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
  483.041(e), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 10.  Section 483.041(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The defense to prosecution provided by Subsection (e) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
  481.118(b), or 481.121(b)(1) or (2), or an offense under Section
  481.119(b), 481.125(a), or 485.031(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 481 or 485;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
  481.125(g), or 485.031(c); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 11.  Section 485.031(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if[:
               [(1)]  at the time the request for emergency medical
  assistance was made:
               (1) [(A)]  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
               (2) [(B)]  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
  481.118(b), or 481.121(b)(1) or (2), or an offense under Section
  481.119(b), 481.125(a), or 483.041(a)[;
               [(2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 481 or 483;
               [(3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
  481.125(g), or 483.041(e); or
               [(4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person].
         SECTION 12.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 13.  This Act takes effect September 1, 2023.