Illinois General Assembly

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 Bill Status of SB1701  97th General Assembly


Short Description:  DRUG OVERDOSE-IMMUNITY

Senate Sponsors
Sen. Ira I. Silverstein - Michael Noland - Mattie Hunter - William Delgado - John J. Millner, Emil Jones, III, Kirk W. Dillard, A. J. Wilhelmi, Annazette R. Collins, Heather A. Steans, Ron Sandack and Donne E. Trotter

House Sponsors
(Rep. Kelly M. Cassidy - Constance A. Howard - Patricia R. Bellock - Karen A. Yarbrough - Rita Mayfield, Jack McGuire, Linda Chapa LaVia, Cynthia Soto, Barbara Flynn Currie, Kenneth Dunkin, Kimberly du Buclet, Derrick Smith, Ann Williams, Elizabeth Hernandez, Sara Feigenholtz, Camille Y. Lilly, Sandra M. Pihos, Naomi D. Jakobsson, Daniel Biss and Robyn Gabel)

Last Action
DateChamber Action
  2/6/2012SenatePublic Act . . . . . . . . . 97-0678

Statutes Amended In Order of Appearance
720 ILCS 570/414 new
720 ILCS 646/115 new


Synopsis As Introduced
Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance, a controlled substance analog, or Class 3 felony methamphetamine if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance, or a controlled substance analog, or in the case of methamphetamine Class 3 felony possession if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the action of seeking or obtaining emergency medical assistance for an overdose may be used as a mitigating factor in a criminal prosecution for Class 3 felony or higher possession, manufacture or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog, or in the case of methamphetamine Class 2 felony or higher possession, manufacture or delivery of methamphetamine. Effective immediately.

Senate Floor Amendment No. 2
Adds reference to:
730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1

Replaces the title and everything after the enacting clause. Reinserts the provisions of the bill. Amends the Illinois Controlled Substances Act. Provides that the limited immunity shall only apply to a person possessing a specified recovered amount for possession of a controlled, look-alike, or counterfeit substance or a controlled substance analog in violation of the Act. Amends the Methamphetamine Control and Community Protection Act. Provides that the limited immunity shall only apply to a person possessing a recovered amount of less than one gram of methamphetamine or a substance containing methamphetamine. Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant sought or obtained emergency medical assistance for an overdose and was convicted of a Class 3 felony or higher possession, manufacture, or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog under the Illinois Controlled Substances Act or a Class 2 felony or higher possession, manufacture or delivery of methamphetamine under the Methamphetamine Control and Community Protection Act. Effective immediately.

 Correctional Note (Dept of Corrections)
 SB 1701 would have a minimal fiscal and population impact on the Department.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 Does not create a State mandate.

House Floor Amendment No. 1
Removes the effective date Section from the bill.

Actions 
DateChamber Action
  2/9/2011SenateFiled with Secretary by Sen. John J. Millner
  2/9/2011SenateFirst Reading
  2/9/2011SenateReferred to Assignments
  2/23/2011SenateAssigned to Criminal Law
  3/1/2011SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/2/2011SenatePostponed - Criminal Law
  3/9/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Millner
  3/9/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/9/2011SenateAdded as Chief Co-Sponsor Sen. Michael Noland
  3/9/2011SenateDo Pass Criminal Law; 008-000-000
  3/9/2011SenatePlaced on Calendar Order of 2nd Reading March 10, 2011
  3/10/2011SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  3/10/2011SenateAdded as Chief Co-Sponsor Sen. William Delgado
  3/10/2011SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  3/11/2011SenateAdded as Co-Sponsor Sen. A. J. Wilhelmi
  3/21/2011SenateAdded as Co-Sponsor Sen. Annazette R. Collins
  3/24/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Millner
  3/24/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/29/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  3/30/2011SenateAdded as Co-Sponsor Sen. Heather A. Steans
  3/30/2011SenateAdded as Co-Sponsor Sen. Ron Sandack
  4/6/2011SenateSenate Floor Amendment No. 2 Postponed - Criminal Law
  4/11/2011SenateSecond Reading
  4/11/2011SenatePlaced on Calendar Order of 3rd Reading April 12, 2011
  4/13/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000
  4/14/2011SenateChief Sponsor Changed to Sen. Ira I. Silverstein
  4/14/2011SenateAdded as Chief Co-Sponsor Sen. John J. Millner
  4/14/2011SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  4/14/2011SenateRecalled to Second Reading
  4/14/2011SenateSenate Floor Amendment No. 2 Adopted; Millner
  4/14/2011SenatePlaced on Calendar Order of 3rd Reading
  4/14/2011SenateThird Reading - Passed; 057-000-000
  4/14/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/14/2011HouseArrived in House
  4/14/2011HousePlaced on Calendar Order of First Reading
  4/14/2011HouseChief House Sponsor Rep. Ann Williams
  4/26/2011HouseFirst Reading
  4/26/2011HouseReferred to Rules Committee
  4/27/2011HouseAssigned to Executive Committee
  5/2/2011HouseRe-assigned to Judiciary I - Civil Law Committee
  5/3/2011HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  5/4/2011HouseAdded Alternate Chief Co-Sponsor Rep. Constance A. Howard
  5/4/2011HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
  5/4/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Constance A. Howard
  5/4/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Patricia R. Bellock
  5/4/2011HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/6/2011HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  5/6/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Karen A. Yarbrough
  5/11/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 007-004-000
  5/11/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2011HouseAdded Alternate Co-Sponsor Rep. JoAnn D. Osmond
  5/17/2011HouseAdded Alternate Chief Co-Sponsor Rep. Rita Mayfield
  5/17/2011HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/17/2011HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/19/2011HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/19/2011HouseAdded Alternate Co-Sponsor Rep. Wayne Rosenthal
  5/20/2011HouseSecond Reading - Short Debate
  5/20/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/26/2011HouseAlternate Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/26/2011HouseAlternate Chief Sponsor Changed to Rep. Kelly M. Cassidy
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/28/2011HouseAlternate Co-Sponsor Removed Rep. JoAnn D. Osmond
  5/28/2011HouseAlternate Co-Sponsor Removed Rep. Wayne Rosenthal
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Kimberly du Buclet
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Derrick Smith
  5/28/2011HouseThird Reading - Consideration Postponed
  5/28/2011HousePlaced on Calendar - Consideration Postponed
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Ann Williams
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/31/2011HouseState Mandates Fiscal Note Requested by Rep. Randy Ramey, Jr.
  5/31/2011HouseCorrectional Note Requested by Rep. Randy Ramey, Jr.
  5/31/2011HouseHome Rule Note Requested by Rep. Randy Ramey, Jr.
  5/31/2011HouseCorrectional Note Filed
  5/31/2011HouseHome Rule Note Filed
  5/31/2011HouseState Mandates Fiscal Note Filed
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  10/20/2011HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  10/21/2011HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  10/24/2011HouseFinal Action Deadline Extended-9(b) November 10, 2011
  10/24/2011HouseApproved for Consideration Rules Committee; 004-000-000
  10/24/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  10/24/2011HousePlaced on Calendar - Consideration Postponed
  10/25/2011HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  10/25/2011HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  10/26/2011HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  10/27/2011HouseAdded Alternate Co-Sponsor Rep. Daniel Biss
  10/27/2011HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  10/27/2011HouseRecalled to Second Reading - Short Debate
  10/27/2011HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  10/27/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  10/27/2011HouseThird Reading - Short Debate - Passed 061-053-000
  11/2/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1
  11/2/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - November 8, 2011
  11/9/2011SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  11/9/2011SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  11/29/2011SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  11/29/2011SenateWaive Posting Notice
  11/29/2011SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-001-000
  11/29/2011SenateHouse Floor Amendment No. 1 Senate Concurs 054-000-000
  11/29/2011SenatePassed Both Houses
  12/15/2011SenateSent to the Governor
  2/6/2012SenateGovernor Approved
  2/6/2012SenateEffective Date June 1, 2012
  2/6/2012SenatePublic Act . . . . . . . . . 97-0678

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