HB5401 96TH GENERAL ASSEMBLY

LRB096 18013 RLC 33385 b

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.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Control Act is amended by adding Section 16.3 as follows:

(720 ILCS 550/16.3 new)

Sec. 16.3. Overdose; immunity from prosecution. A person who calls the 911 emergency number to report an overdose of cannabis and the person who overdosed are immune from criminal liability for a violation of Section 4 or 5 of this Act relating to the possession or delivery of cannabis. 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 emergency 911 call.

Section 10. The Illinois Controlled Substances Act is amended by adding Section 414 as follows:

(720 ILCS 570/414 new)

Sec. 414. Overdose; immunity from prosecution. A person who calls the 911 emergency number to report an overdose of a controlled, counterfeit, or look-alike substance or a controlled substance analog and the person who overdosed are immune from criminal liability for a violation of Section 401, 402 or Section 404 of this Act relating to the possession or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog. 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.

Section 15. The Methamphetamine Control and Community Protection Act is amended by adding Section 115 as follows:

(720 ILCS 646/115 new)

Sec. 115. Overdose; immunity from prosecution. A person who calls the 911 emergency number to report an overdose of methamphetamine or a substance containing methamphetamine and the person who overdosed are immune from criminal liability for a violation of Section 55 or 60 of this Act relating to the possession or delivery of methamphetamine or a substance containing methamphetamine. 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 emergency 911 call.