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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain offenses involving |
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possession of small amounts of controlled substances and other |
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prohibited drugs, substances, or paraphernalia for defendants |
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seeking assistance for a suspected overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.115, Health and Safety Code, is |
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amended by adding Subsections (g), (h), and (i) to read as follows: |
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(g) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(i) The defense to prosecution provided by Subsection (g) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (g) is not available. |
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SECTION 2. Section 481.1151, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 3. Section 481.116, Health and Safety Code, is |
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amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(h) The defense to prosecution provided by Subsection (f) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (f) is not available. |
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SECTION 4. Section 481.1161, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) or (2) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 5. Section 481.117, Health and Safety Code, is |
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amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(h) The defense to prosecution provided by Subsection (f) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (f) is not available. |
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SECTION 6. Section 481.118, Health and Safety Code, is |
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amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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|
during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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|
assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(g) The defense to prosecution provided by Subsection (f) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(h) The defense to prosecution provided by Subsection (f) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (f) is not available. |
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SECTION 7. Section 481.119, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense under |
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Subsection (b) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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|
during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 8. Section 481.121, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) or (2) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 9. Section 481.125, Health and Safety Code, is |
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amended by adding Subsections (g), (h), and (i) to read as follows: |
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(g) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(i) The defense to prosecution provided by Subsection (g) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (g) is not available. |
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SECTION 10. Section 483.041, Health and Safety Code, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(f) The defense to prosecution provided by Subsection (e) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(g) The defense to prosecution provided by Subsection (e) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (e) is not available. |
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SECTION 11. Section 485.031, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if, at the time the request for emergency medical |
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assistance was made, a peace officer was in the process of arresting |
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the actor or executing a search warrant describing the actor or the |
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place from which the request for medical assistance was made. |
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(e) The defense to prosecution provided by Subsection (c) |
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does not preclude the admission of evidence obtained by law |
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enforcement resulting from the request for emergency medical |
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assistance if that evidence pertains to an offense for which the |
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defense described by Subsection (c) is not available. |
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SECTION 12. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 13. This Act takes effect September 1, 2019. |