Bill Text: TX HB2432 | 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, chemicals, or paraphernalia for defendants seeking assistance for a suspected overdose.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Public Health [HB2432 Detail]
Download: Texas-2019-HB2432-Introduced.html
86R9325 JSC-D | ||
By: Raney | H.B. No. 2432 |
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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, chemicals, 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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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: | ||
(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; or | ||
(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). | ||
(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. |