Bill Text: TX SB1921 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the prosecution of certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-25 - Referred to Criminal Justice [SB1921 Detail]
Download: Texas-2015-SB1921-Introduced.html
84R273 JSC-D | ||
By: Watson | S.B. No. 1921 |
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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. |