Bill Text: TX SB305 | 2019-2020 | 86th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-07 - Referred to Criminal Justice [SB305 Detail]
Download: Texas-2019-SB305-Introduced.html
| 86R3598 JSC-F | ||
| By: Watson | S.B. No. 305 | |
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| 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. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.115, Health and Safety Code, is | ||
| amended by adding Subsections (g), (h), and (i) to read as follows: | ||
| (g) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (i) The defense to prosecution provided by Subsection (g) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (g) is not available. | ||
| SECTION 2. Section 481.1151, Health and Safety Code, is | ||
| amended by adding Subsections (c), (d), and (e) to read as follows: | ||
| (c) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b)(1) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (e) The defense to prosecution provided by Subsection (c) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (c) is not available. | ||
| SECTION 3. Section 481.116, Health and Safety Code, is | ||
| amended by adding Subsections (f), (g), and (h) to read as follows: | ||
| (f) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (h) The defense to prosecution provided by Subsection (f) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (f) is not available. | ||
| SECTION 4. Section 481.1161, Health and Safety Code, is | ||
| amended by adding Subsections (c), (d), and (e) to read as follows: | ||
| (c) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b)(1) or (2) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (e) The defense to prosecution provided by Subsection (c) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (c) is not available. | ||
| SECTION 5. Section 481.117, Health and Safety Code, is | ||
| amended by adding Subsections (f), (g), and (h) to read as follows: | ||
| (f) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (h) The defense to prosecution provided by Subsection (f) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (f) is not available. | ||
| SECTION 6. Section 481.118, Health and Safety Code, is | ||
| amended by adding Subsections (f), (g), and (h) to read as follows: | ||
| (f) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (h) The defense to prosecution provided by Subsection (f) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (f) is not available. | ||
| SECTION 7. Section 481.119, Health and Safety Code, is | ||
| amended by adding Subsections (c), (d), and (e) to read as follows: | ||
| (c) It is a defense to prosecution for an offense under | ||
| Subsection (b) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (e) The defense to prosecution provided by Subsection (c) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (c) is not available. | ||
| SECTION 8. Section 481.121, Health and Safety Code, is | ||
| amended by adding Subsections (c), (d), and (e) to read as follows: | ||
| (c) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b)(1) or (2) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (e) The defense to prosecution provided by Subsection (c) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (c) is not available. | ||
| SECTION 9. Section 481.125, Health and Safety Code, is | ||
| amended by adding Subsections (g), (h), and (i) to read as follows: | ||
| (g) It is a defense to prosecution for an offense under | ||
| Subsection (a) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (i) The defense to prosecution provided by Subsection (g) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (g) is not available. | ||
| SECTION 10. Section 483.041, Health and Safety Code, is | ||
| amended by adding Subsections (e), (f), and (g) to read as follows: | ||
| (e) It is a defense to prosecution for an offense under | ||
| Subsection (a) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (f) The defense to prosecution provided by Subsection (e) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (g) The defense to prosecution provided by Subsection (e) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (e) is not available. | ||
| SECTION 11. Section 485.031, Health and Safety Code, is | ||
| amended by adding Subsections (c), (d), and (e) to read as follows: | ||
| (c) It is a defense to prosecution for an offense under | ||
| Subsection (a) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if, at the time the request for emergency medical | ||
| assistance was made, 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. | ||
| (e) The defense to prosecution provided by Subsection (c) | ||
| does not preclude the admission of evidence obtained by law | ||
| enforcement resulting from the request for emergency medical | ||
| assistance if that evidence pertains to an offense for which the | ||
| defense described by Subsection (c) is not available. | ||
| SECTION 12. The change in law made by this Act applies 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, 2019. | ||
