Bill > SB305

This bill amends the Texas Health and Safety Code to provide a defense to prosecution for certain offenses involving the possession of small amounts of controlled substances and other prohibited drugs, substances, or paraphernalia. The defense applies to individuals who were the first to request emergency medical assistance in response to a suspected overdose, remained on the scene until assistance arrived, and cooperated with medical and law enforcement personnel. The defense also applies to individuals who were the victims of a suspected overdose for which emergency medical assistance was requested. The defense is not available if a peace officer was already in the process of arresting the individual or executing a search warrant at the time the request for assistance was made. The bill specifies that the defense does not preclude the admission of evidence obtained through the request for assistance if the evidence pertains to an offense for which the defense is not available.