Bill > SB334

This bill modifies the existing Texas Health and Safety Code by removing several restrictions on a legal defense for individuals who seek emergency medical assistance during a potential drug overdose. Specifically, the bill eliminates three previous limitations on the defense to prosecution for drug possession: (1) removing the provision that disqualifies a person who has previously been convicted of or placed on deferred adjudication for a drug-related offense, (2) removing the restriction for individuals who were acquitted in a previous proceeding using this defense, and (3) removing the 18-month limitation that prevented a person from using this defense if they had previously requested emergency medical assistance for an overdose. The bill maintains two key existing conditions for the defense: the defense is not available if a peace officer is in the process of arresting the individual or executing a search warrant, and the defense does not apply if the person is committing certain other specified offenses. The changes are designed to encourage people to seek medical help during potential overdose situations without fear of criminal prosecution for drug possession. The modifications will apply only to offenses committed on or after September 1, 2025, and cover various sections of the health and safety code related to controlled substances, dangerous drugs, and abusable volatile chemicals.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB334