Bill Text: TX SB1921 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the prosecution of certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-03-25 - Referred to Criminal Justice [SB1921 Detail]

Download: Texas-2015-SB1921-Introduced.html

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84R273 JSC-D
By: Watson S.B. No. 1921

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses involving
controlled substances and other prohibited drugs, substances, or
paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 4. Section 481.1161, Health and Safety Code, is
amended by adding Subsection (c) 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) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 5. Section 481.117, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 6. Section 481.118, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 7. Section 481.119, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 8. Section 481.121, Health and Safety Code, is
amended by adding Subsection (c) 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) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 9. Section 481.125, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 10. Section 483.041, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 11. Section 485.031, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 12. This Act takes effect September 1, 2015.