88(4) SB 30 - Introduced version - Bill Text

	88S40218 CJD-F
	By:  Eckhardt	S.B.  No.  30

	A BILL TO BE ENTITLED
	AN ACT
	relating to the 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.    Section 481.115(h), Health and Safety Code, is
	amended to read as follows:
	(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:
	(1)  [(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
	(2)  [(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;
	[(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); or
	[(4)    at any time during the 18-month period preceding
	the date of the commission of the instant offense, the actor
	requested emergency medical assistance in response to the possible
	overdose of the actor or another person].
	SECTION  2.    Section 481.1151(d), Health and Safety Code, is
	amended to read as follows:
	(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:
	(1)  [(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
	(2)  [(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;
	[(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); or
	[(4)    at any time during the 18-month period preceding
	the date of the commission of the instant offense, the actor
	requested emergency medical assistance in response to the possible
	overdose of the actor or another person].
	SECTION  3.    Section 481.116(g), Health and Safety Code, is
	amended to read as follows:
	(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:
	(1)  [(A)]    a peace officer was in the process of