85R2868 JSC-F     By: Watson S.B. No. 1651       A BILL TO BE ENTITLED   AN ACT   relating to a defense to prosecution for certain offenses involving   possession of small amounts of controlled substances and other   prohibited drugs, substances, 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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, at the time the request for emergency medical   assistance was made, 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.           (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, 2017.