Like states all across the country, Texas has enacted a law that encourages people to call for help for someone who’s suffering an overdose. The goal of these “Good Samaritan” laws is to reduce the number of fatal overdoses by providing some immunity from drug charges for people who call for help, remain at the scene and help first responders and law enforcement.
Too often, people die unnecessarily from drug overdoses because the people who are with them flee rather than call for help because they fear being arrested for their own drug possession. Sometimes those suffering an overdose won’t even call for help for themselves for the same reason.
Studies have estimated that these Good Samaritan laws can reduce fatal overdoses by as much as 15%. Texas enacted the Jessica Sosa Act less than two years ago.
What does the law say?
The Jessica Sosa Act states that a person who gets help for an overdose (including their own) won’t be charged for having “small amounts” of illegal drugs in their possession provided they meet the following requirements:
- They are the first to call 911.
- They remain at the scene.
- They cooperate with first responders and law enforcement.
This immunity doesn’t apply, however, to those who have previously been convicted for certain other offenses or who have made a similar call for help over the past 18 months. It also doesn’t apply to someone who reports an overdose to police who are already at the scene – for example, making an arrest or conducting a search.
Of course, it’s always better to do the right thing – and potentially save a life – than to flee the scene, regardless of what the potential criminal consequences may be. If you’re facing drug-related or other criminal charges after calling 911 to get help for someone experiencing an overdose, it’s smart to seek legal guidance to protect your rights.