Full Text of SB1701 97th General Assembly
SB1701 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1701 Introduced 2/9/2011, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
| 720 ILCS 570/414 new | | 720 ILCS 646/115 new | |
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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.
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| | A BILL FOR |
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| | | SB1701 | | LRB097 00062 RLC 48160 b |
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| 1 | | AN ACT concerning criminal law, which may be referred to as | 2 | | the Emergency Medical Services Access Law.
| 3 | | WHEREAS, Drug-overdose deaths are the second leading cause | 4 | | of accidental deaths in the nation and deaths have increased | 5 | | significantly in recent years, in both the Chicago Metropolitan | 6 | | Area and across Illinois; and | 7 | | WHEREAS, The General Assembly finds that drug-overdose | 8 | | deaths could be substantially decreased if immunity from | 9 | | criminal prosecution for Class 4 felony violations of the | 10 | | Illinois Controlled Substances Act and Class 3 felony | 11 | | violations of the Methamphetamine Control and Community | 12 | | Protection Act were granted to a person who, in good faith | 13 | | seeks emergency medical assistance for someone experiencing a | 14 | | drug-related overdose and if this immunity were granted for | 15 | | Class 4 felony violations of the Illinois Controlled Substances | 16 | | Act and Class 3 felony violations of the Methamphetamine | 17 | | Control and Community Protection Act to a person who is | 18 | | experiencing a drug-related overdose; therefore | 19 | | Be it enacted by the People of the State of Illinois,
| 20 | | represented in the General Assembly:
| 21 | | Section 5. The Illinois Controlled Substances Act is | 22 | | amended by adding Section 414 as follows: |
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| 1 | | (720 ILCS 570/414 new) | 2 | | Sec. 414. Overdose; immunity from prosecution. | 3 | | (a) For the purposes of this Section, "overdose" means a | 4 | | controlled substance-induced physiological event that results | 5 | | in a life-threatening emergency to the individual who ingested, | 6 | | inhaled, injected, or otherwise bodily absorbed a controlled, | 7 | | counterfeit, or look-alike substance or a controlled substance | 8 | | analog. | 9 | | (b) A person who, in good faith, seeks emergency medical | 10 | | assistance for someone experiencing an overdose shall not be | 11 | | charged or prosecuted for Class 4 felony possession of a | 12 | | controlled, counterfeit, or look-alike substance or a
| 13 | | controlled substance analog if evidence for the Class 4 felony | 14 | | possession charge was acquired as a result of the person | 15 | | seeking or obtaining emergency medical assistance. | 16 | | (c) A person who is experiencing an overdose shall not be | 17 | | charged or prosecuted for Class 4 felony possession of a | 18 | | controlled, counterfeit, or look-alike substance or a
| 19 | | controlled substance analog if evidence for the Class 4 felony | 20 | | possession charge was acquired as a result of the person | 21 | | seeking or obtaining emergency medical assistance. | 22 | | (d) The limited immunity described in subsections (b) and | 23 | | (c) of this Section shall not be extended if law enforcement | 24 | | has reasonable suspicion or probable cause to detain, arrest, | 25 | | or search the person described in subsection (b) or (c) of this |
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| 1 | | Section for criminal activity and the reasonable suspicion or | 2 | | probable cause is based on information obtained prior to or | 3 | | independent of the individual described in subsection (b) or | 4 | | (c) taking action to seek or obtain emergency medical | 5 | | assistance and not obtained as a direct result of the action of | 6 | | seeking or obtaining emergency medical assistance. | 7 | | (e) The action of seeking or obtaining emergency medical | 8 | | assistance for an overdose may be used as a mitigating factor | 9 | | in a criminal prosecution for Class 3 felony or higher | 10 | | possession, manufacture or delivery of a controlled, | 11 | | counterfeit, or look-alike substance or a controlled substance | 12 | | analog under this Act. | 13 | | Section 10. 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. | 17 | | (a) For the purposes of this Section, "overdose" means a | 18 | | methamphetamine-induced physiological event that results in a | 19 | | life-threatening emergency to the individual who ingested, | 20 | | inhaled, injected, or otherwise bodily absorbed | 21 | | methamphetamine. | 22 | | (b) A person who, in good faith, seeks emergency medical | 23 | | assistance for someone experiencing an overdose shall not be | 24 | | charged or prosecuted for Class 3 felony possession of |
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| 1 | | methamphetamine if evidence for the Class 3 felony possession | 2 | | charge was acquired as a result of the person seeking or | 3 | | obtaining emergency medical assistance. | 4 | | (c) A person who is experiencing an overdose shall not be | 5 | | charged or prosecuted for Class 3 felony possession of | 6 | | methamphetamine if evidence for the Class 3 felony possession | 7 | | charge was acquired as a result of the person seeking or | 8 | | obtaining emergency medical assistance. | 9 | | (d) The limited immunity described in subsections (b) and | 10 | | (c) of this Section shall not be extended if law enforcement | 11 | | has reasonable suspicion or probable cause to detain, arrest, | 12 | | or search the person described in subsection (b) or (c) of this | 13 | | Section for criminal activity and the reasonable suspicion or | 14 | | probable cause is based on information obtained prior to or | 15 | | independent of the individual described in subsection (b) or | 16 | | (c) taking action to seek or obtain emergency medical | 17 | | assistance and not obtained as a direct result of the action of | 18 | | seeking or obtaining emergency medical assistance. | 19 | | (e) The action of seeking or obtaining emergency medical | 20 | | assistance for an overdose may be used as a mitigating factor | 21 | | in a criminal prosecution for Class 2 felony or higher | 22 | | possession, manufacture or delivery of methamphetamine under | 23 | | this Act.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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