96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5401

 

Introduced 2/5/2010, by Rep. Constance A. Howard

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/16.3 new
720 ILCS 570/414 new
720 ILCS 646/115 new

    Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that a person who calls the 911 emergency number to report an overdose of cannabis, a controlled, counterfeit, look-alike substance, a controlled substance analog, or methamphetamine and the person who overdosed are immune from criminal liability for a violation relating to the possession or delivery of cannabis, a controlled, counterfeit, look-alike substance, a controlled substance analog, or methamphetamine. Provides that this immunity shall not be extended if law enforcement has reasonable suspicion or probable cause, prior to or independent of the emergency 911 call, to detain, arrest, or search the person or property of the person who calls 911 or the person who overdosed that is not a direct result of the 911 call.


LRB096 18013 RLC 33385 b

 

 

A BILL FOR

 

HB5401 LRB096 18013 RLC 33385 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Cannabis Control Act is amended by adding
5 Section 16.3 as follows:
 
6     (720 ILCS 550/16.3 new)
7     Sec. 16.3. Overdose; immunity from prosecution. A person
8 who calls the 911 emergency number to report an overdose of
9 cannabis and the person who overdosed are immune from criminal
10 liability for a violation of Section 4 or 5 of this Act
11 relating to the possession or delivery of cannabis. This
12 immunity shall not be extended if law enforcement has
13 reasonable suspicion or probable cause, prior to or independent
14 of the emergency 911 call, to detain, arrest, or search the
15 person or property of the person who calls 911 or the person
16 who overdosed that is not a direct result of the emergency 911
17 call.
 
18     Section 10. The Illinois Controlled Substances Act is
19 amended by adding Section 414 as follows:
 
20     (720 ILCS 570/414 new)
21     Sec. 414. Overdose; immunity from prosecution. A person who

 

 

HB5401 - 2 - LRB096 18013 RLC 33385 b

1 calls the 911 emergency number to report an overdose of a
2 controlled, counterfeit, or look-alike substance or a
3 controlled substance analog and the person who overdosed are
4 immune from criminal liability for a violation of Section 401,
5 402 or Section 404 of this Act relating to the possession or
6 delivery of a controlled, counterfeit, or look-alike substance
7 or a controlled substance analog. This immunity shall not be
8 extended if law enforcement has reasonable suspicion or
9 probable cause, prior to or independent of the emergency 911
10 call, to detain, arrest, or search the person or property of
11 the person who calls 911 or the person who overdosed that is
12 not a direct result of the 911 call.
 
13     Section 15. The Methamphetamine Control and Community
14 Protection Act is amended by adding Section 115 as follows:
 
15     (720 ILCS 646/115 new)
16     Sec. 115. Overdose; immunity from prosecution. A person who
17 calls the 911 emergency number to report an overdose of
18 methamphetamine or a substance containing methamphetamine and
19 the person who overdosed are immune from criminal liability for
20 a violation of Section 55 or 60 of this Act relating to the
21 possession or delivery of methamphetamine or a substance
22 containing methamphetamine. This immunity shall not be
23 extended if law enforcement has reasonable suspicion or
24 probable cause, prior to or independent of the emergency 911

 

 

HB5401 - 3 - LRB096 18013 RLC 33385 b

1 call, to detain, arrest, or search the person or property of
2 the person who calls 911 or the person who overdosed that is
3 not a direct result of the emergency 911 call.