Bill Text: TX HB1694 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to a 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.
Spectrum: Slight Partisan Bill (Democrat 18-7)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB1694 Detail]
Download: Texas-2021-HB1694-Enrolled.html
| H.B. No. 1694 | ||
|
|
||
| relating to a 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. This Act may be cited as the Jessica Sosa Act. | ||
| SECTION 2. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 3. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 4. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 5. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 6. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 481.118, 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 8. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 481.121, 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 10. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 11. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 12. 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: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (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 | ||
| (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. | ||
| (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 13. 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 14. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1694 was passed by the House on April | ||
| 21, 2021, by the following vote: Yeas 145, Nays 2, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1694 was passed by the Senate on May | ||
| 24, 2021, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
