By: Kacal H.B. No. 4314       A BILL TO BE ENTITLED   AN ACT   relating to a defense to prosecution for certain offenses involving   possession of small amounts of controlled substances, marihuana,   dangerous drugs, or abusable volatile chemicals, or possession of   drug paraphernalia for defendants seeking assistance for a   suspected overdose.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          Section 1.  This Act may be cited as the Jessica Sosa Act.          SECTION 2.  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 3.  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 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  This Act takes effect September 1, 2021.