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Full Text of SB1701  97th General Assembly

SB1701enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB1701 EnrolledLRB097 00062 RLC 48160 b

1    AN ACT concerning criminal law, which may be referred to as
2the Emergency Medical Services Access Law.
 
3    WHEREAS, Drug-overdose deaths are the second leading cause
4of accidental death in the nation and deaths have increased
5significantly in recent years, in both the Chicago Metropolitan
6Area and across Illinois; and
 
7    WHEREAS, The General Assembly finds that drug-overdose
8deaths could be substantially decreased if immunity from
9criminal prosecution for Class 4 felony violations of the
10Illinois Controlled Substances Act and Class 3 felony
11violations of the Methamphetamine Control and Community
12Protection Act were granted to a person possessing a small
13amount of the drug who, in good faith, seeks emergency medical
14assistance for someone experiencing a drug-related overdose
15and if this immunity were granted for the same Class 4 felony
16violations of the Illinois Controlled Substances Act and the
17Class 3 felony violations of the Methamphetamine Control and
18Community Protection Act to a person who is experiencing a
19drug-related overdose; therefore
 
20    Be it enacted by the People of the State of Illinois,
21represented in the General Assembly:
 
22    Section 5. The Illinois Controlled Substances Act is

 

 

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1amended by adding Section 414 as follows:
 
2    (720 ILCS 570/414 new)
3    Sec. 414. Overdose; limited immunity from prosecution.
4    (a) For the purposes of this Section, "overdose" means a
5controlled substance-induced physiological event that results
6in a life-threatening emergency to the individual who ingested,
7inhaled, injected or otherwise bodily absorbed a controlled,
8counterfeit, or look-alike substance or a controlled substance
9analog.
10    (b) A person who, in good faith, seeks or obtains emergency
11medical assistance for someone experiencing an overdose shall
12not be charged or prosecuted for Class 4 felony possession of a
13controlled, counterfeit, or look-alike substance or a
14controlled substance analog if evidence for the Class 4 felony
15possession charge was acquired as a result of the person
16seeking or obtaining emergency medical assistance and
17providing the amount of substance recovered is within the
18amount identified in subsection (d) of this Section.
19    (c) A person who is experiencing an overdose shall not be
20charged or prosecuted for Class 4 felony possession of a
21controlled, counterfeit, or look-alike substance or a
22controlled substance analog if evidence for the Class 4 felony
23possession charge was acquired as a result of the person
24seeking or obtaining emergency medical assistance and
25providing the amount of substance recovered is within the

 

 

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1amount identified in subsection (d) of this Section.
2    (d) For the purposes of subsections (b) and (c), the
3limited immunity shall only apply to a person possessing the
4following amount:
5        (1) less than 3 grams of a substance containing heroin;
6        (2) less than 3 grams of a substance containing
7    cocaine;
8        (3) less than 3 grams of a substance containing
9    morphine;
10        (4) less than 40 grams of a substance containing
11    peyote;
12        (5) less than 40 grams of a substance containing a
13    derivative of barbituric acid or any of the salts of a
14    derivative of barbituric acid;
15        (6) less than 40 grams of a substance containing
16    amphetamine or any salt of an optical isomer of
17    amphetamine;
18        (7) less than 3 grams of a substance containing
19    lysergic acid diethylamide (LSD), or an analog thereof;
20        (8) less than 6 grams of a substance containing
21    pentazocine or any of the salts, isomers and salts of
22    isomers of pentazocine, or an analog thereof;
23        (9) less than 6 grams of a substance containing
24    methaqualone or any of the salts, isomers and salts of
25    isomers of methaqualone;
26        (10) less than 6 grams of a substance containing

 

 

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1    phencyclidine or any of the salts, isomers and salts of
2    isomers of phencyclidine (PCP);
3        (11) less than 6 grams of a substance containing
4    ketamine or any of the salts, isomers and salts of isomers
5    of ketamine;
6        (12) less than 40 grams of a substance containing a
7    substance classified as a narcotic drug in Schedules I or
8    II, or an analog thereof, which is not otherwise included
9    in this subsection.
10    (e) The limited immunity described in subsections (b) and
11(c) of this Section shall not be extended if law enforcement
12has reasonable suspicion or probable cause to detain, arrest,
13or search the person described in subsection (b) or (c) of this
14Section for criminal activity and the reasonable suspicion or
15probable cause is based on information obtained prior to or
16independent of the individual described in subsection (b) or
17(c) taking action to seek or obtain emergency medical
18assistance and not obtained as a direct result of the action of
19seeking or obtaining emergency medical assistance. Nothing in
20this Section is intended to interfere with or prevent the
21investigation, arrest, or prosecution of any person for the
22delivery or distribution of cannabis, methamphetamine or other
23controlled substances, drug-induced homicide, or any other
24crime.
 
25    Section 10. The Methamphetamine Control and Community

 

 

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1Protection Act is amended by adding Section 115 as follows:
 
2    (720 ILCS 646/115 new)
3    Sec. 115. Overdose; limited immunity from prosecution.
4    (a) For the purposes of this Section, "overdose" means a
5methamphetamine-induced physiological event that results in a
6life-threatening emergency to the individual who ingested,
7inhaled, injected, or otherwise bodily absorbed
8methamphetamine.
9    (b) A person who, in good faith, seeks emergency medical
10assistance for someone experiencing an overdose shall not be
11charged or prosecuted for Class 3 felony possession of
12methamphetamine if evidence for the Class 3 felony possession
13charge was acquired as a result of the person seeking or
14obtaining emergency medical assistance and providing the
15amount of substance recovered is less than one gram of
16methamphetamine or a substance containing methamphetamine.
17    (c) A person who is experiencing an overdose shall not be
18charged or prosecuted for Class 3 felony possession of
19methamphetamine if evidence for the Class 3 felony possession
20charge was acquired as a result of the person seeking or
21obtaining emergency medical assistance and providing the
22amount of substance recovered is less than one gram of
23methamphetamine or a substance containing methamphetamine.
24    (d) The limited immunity described in subsections (b) and
25(c) of this Section shall not be extended if law enforcement

 

 

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1has reasonable suspicion or probable cause to detain, arrest,
2or search the person described in subsection (b) or (c) of this
3Section for criminal activity and the reasonable suspicion or
4probable cause is based on information obtained prior to or
5independent of the individual described in subsection (b) or
6(c) taking action to seek or obtain emergency medical
7assistance and not obtained as a direct result of the action of
8seeking or obtaining emergency medical assistance. Nothing in
9this Section is intended to interfere with or prevent the
10investigation, arrest, or prosecution of any person for the
11delivery or distribution of cannabis, methamphetamine or other
12controlled substances, drug-induced homicide, or any other
13crime.
 
14    Section 15. The Unified Code of Corrections is amended by
15changing Section 5-5-3.1 as follows:
 
16    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
17    Sec. 5-5-3.1. Factors in Mitigation.
18    (a) The following grounds shall be accorded weight in favor
19of withholding or minimizing a sentence of imprisonment:
20        (1) The defendant's criminal conduct neither caused
21    nor threatened serious physical harm to another.
22        (2) The defendant did not contemplate that his criminal
23    conduct would cause or threaten serious physical harm to
24    another.

 

 

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1        (3) The defendant acted under a strong provocation.
2        (4) There were substantial grounds tending to excuse or
3    justify the defendant's criminal conduct, though failing
4    to establish a defense.
5        (5) The defendant's criminal conduct was induced or
6    facilitated by someone other than the defendant.
7        (6) The defendant has compensated or will compensate
8    the victim of his criminal conduct for the damage or injury
9    that he sustained.
10        (7) The defendant has no history of prior delinquency
11    or criminal activity or has led a law-abiding life for a
12    substantial period of time before the commission of the
13    present crime.
14        (8) The defendant's criminal conduct was the result of
15    circumstances unlikely to recur.
16        (9) The character and attitudes of the defendant
17    indicate that he is unlikely to commit another crime.
18        (10) The defendant is particularly likely to comply
19    with the terms of a period of probation.
20        (11) The imprisonment of the defendant would entail
21    excessive hardship to his dependents.
22        (12) The imprisonment of the defendant would endanger
23    his or her medical condition.
24        (13) The defendant was mentally retarded as defined in
25    Section 5-1-13 of this Code.
26        (14) The defendant sought or obtained emergency

 

 

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1    medical assistance for an overdose and was convicted of a
2    Class 3 felony or higher possession, manufacture, or
3    delivery of a controlled, counterfeit, or look-alike
4    substance or a controlled substance analog under the
5    Illinois Controlled Substances Act or a Class 2 felony or
6    higher possession, manufacture or delivery of
7    methamphetamine under the Methamphetamine Control and
8    Community Protection Act.
9    (b) If the court, having due regard for the character of
10the offender, the nature and circumstances of the offense and
11the public interest finds that a sentence of imprisonment is
12the most appropriate disposition of the offender, or where
13other provisions of this Code mandate the imprisonment of the
14offender, the grounds listed in paragraph (a) of this
15subsection shall be considered as factors in mitigation of the
16term imposed.
17(Source: P.A. 91-357, eff. 7-29-99.)