Bill Text: TX HB753 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to removing criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-28 - Referred to Criminal Jurisprudence [HB753 Detail]
Download: Texas-2023-HB753-Introduced.html
88R1897 CJD-F | ||
By: Jones of Harris | H.B. No. 753 |
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relating to removing criminal penalties for the possession of drug | ||
paraphernalia under the Texas Controlled Substances Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 481.125, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 481.125. OFFENSE: [ |
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PARAPHERNALIA. | ||
SECTION 2. Sections 481.125(a), (d), (g), and (h), Health | ||
and Safety Code, are repealed. | ||
SECTION 3. 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: | ||
(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), | ||
[ |
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(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), [ |
||
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 4. 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: | ||
(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), | ||
[ |
||
(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), [ |
||
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 5. 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: | ||
(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), | ||
[ |
||
(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), 481.1151(c), 481.1161(c), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), [ |
||
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 6. Section 481.1161(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: | ||
(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), | ||
[ |
||
(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), 481.1151(c), 481.116(f), | ||
481.117(f), 481.118(f), 481.119(c), 481.121(c), [ |
||
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 7. Section 481.117(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: | ||
(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), | ||
[ |
||
(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), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.118(f), 481.119(c), 481.121(c), [ |
||
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 8. Section 481.118(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: | ||
(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), | ||
[ |
||
(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), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.119(c), 481.121(c), [ |
||
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 9. Section 481.119(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: | ||
(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 | ||
[ |
||
(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), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.121(c), [ |
||
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 10. Section 481.121(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: | ||
(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), [ |
||
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), 481.1151(c), 481.116(f), | ||
481.1161(c), 481.117(f), 481.118(f), 481.119(c), [ |
||
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 11. Section 483.041(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(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)[ |
||
(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; | ||
(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), | ||
[ |
||
(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 12. Section 485.031(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: | ||
(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)[ |
||
(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; | ||
(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), | ||
[ |
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(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 13. The change in law made by this Act applies to | ||
conduct that occurs before, on, or after the effective date of this | ||
Act, except that a final conviction for an offense that exists on | ||
the effective date of this Act is unaffected by this Act. | ||
SECTION 14. This Act takes effect September 1, 2023. |