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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal penalties and defenses to prosecution for |
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certain drug possession and drug paraphernalia offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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(1) [(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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(2) [(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 2. 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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(1) [(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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(2) [(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 the possible |
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overdose of the actor or another person]. |
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SECTION 3. 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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(1) [(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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(2) [(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 the possible |
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overdose of the actor or another person]. |
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SECTION 4. 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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(1) [(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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(2) [(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 the possible |
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overdose of the actor or another person]. |
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SECTION 5. 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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(1) [(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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(2) [(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 the possible |
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overdose of the actor or another person]. |
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SECTION 6. 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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(1) [(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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(2) [(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 the possible |
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overdose of the actor or another person]. |
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SECTION 7. 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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(1) [(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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(2) [(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 8. Sections 481.121(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) Except as authorized by this chapter, a person commits |
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an offense if the person knowingly or intentionally possesses a |
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usable quantity of marihuana greater than one ounce. |
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(b) An offense under Subsection (a) is: |
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(1) a Class B misdemeanor if the amount of marihuana |
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possessed is two ounces or less but more than one ounce; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is four ounces or less but more than two ounces; |
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(3) a state jail felony if the amount of marihuana |
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possessed is five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of |
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marihuana possessed is 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of |
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marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
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and |
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(6) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for a term of not more than 99 years or less than 5 years, and a |
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fine not to exceed $50,000, if the amount of marihuana possessed is |
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more than 2,000 pounds. |
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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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(1) [(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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(2) [(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 9. 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 10. 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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(1) [(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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|
(2) [(B)] the actor is committing another offense, |
|
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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 |
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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; |
|
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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), |
|
|
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 11. 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 |
|
|
not available if[: |
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[(1)] at the time the request for emergency medical |
|
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assistance was made: |
|
|
(1) [(A)] a peace officer was in the process of |
|
|
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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|
(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 |
|
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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 |
|
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the date of the commission of the instant offense, the actor |
|
|
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. Sections 481.125(a), (d), (g), (h), and (i), |
|
|
Health and Safety Code, are repealed. |
|
|
SECTION 13. (a) Except as provided by Subsection (b), 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 |
|
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any element of the offense occurred before that date. |
|
|
(b) The change in law made by this Act to Section 481.125, |
|
|
Health and Safety Code, applies to conduct that occurs before, on, |
|
|
or after the effective date of this Act, except that a final |
|
|
conviction for an offense that exists on the effective date of this |
|
|
Act is unaffected by this Act. |
|
|
SECTION 14. This Act takes effect September 1, 2025. |