Bill Text: TX SB1593 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the admissibility of certain evidence obtained solely as the direct result of a request for emergency medical services for an overdose.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Criminal Justice [SB1593 Detail]
Download: Texas-2011-SB1593-Introduced.html
82R3444 JSC-D | ||
By: Wentworth | S.B. No. 1593 |
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relating to the admissibility of certain evidence obtained solely | ||
as the direct result of a request for emergency medical services for | ||
an overdose. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
by adding Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. EMERGENCY MEDICAL SERVICES FOR ALCOHOL OR | ||
CONTROLLED SUBSTANCE OVERDOSE | ||
Sec. 161.051. DEFINITIONS. In this chapter: | ||
(1) "Controlled substance" and "drug" have the | ||
meanings assigned by Section 481.002, Health and Safety Code. | ||
(2) "Dangerous drug" has the meaning assigned by | ||
Section 483.001, Health and Safety Code. | ||
(3) "Emergency medical services" means services used | ||
to respond to an individual's perceived need for immediate medical | ||
care and to prevent death or aggravation of physiological or | ||
psychological illness or injury. | ||
(4) "Intoxicated" has the meaning assigned by Section | ||
49.01, Penal Code. | ||
Sec. 161.052. ADMISSIBILITY OF EVIDENCE OBTAINED AS RESULT | ||
OF CERTAIN REQUESTS FOR EMERGENCY MEDICAL SERVICES. Evidence | ||
obtained solely as the direct result of a request made in good faith | ||
for emergency medical services in response to a person's possible | ||
overdose of alcohol or of a controlled substance, drug, dangerous | ||
drug, or other substance may not be admitted as evidence or | ||
otherwise disclosed in any civil, criminal, or administrative | ||
proceeding to show that a person: | ||
(1) possessed or consumed alcohol; | ||
(2) possessed or consumed a controlled substance, | ||
drug, dangerous drug, or other substance; or | ||
(3) was intoxicated. | ||
SECTION 2. The change in law made by this Act applies to | ||
evidence obtained as the direct result of a request for emergency | ||
medical services made on or after the effective date of this Act. | ||
Evidence obtained as the direct result of a request for emergency | ||
medical services made before the effective date of this Act is | ||
covered by the law as it existed at the time the request was made, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |