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Full Text of SB1701  97th General Assembly

SB1701sam002 97TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 3/24/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1701

2    AMENDMENT NO. ______. Amend Senate Bill 1701 by replacing
3the title with the following:
 
4    "AN ACT concerning criminal law, which may be referred to
5as the Emergency Medical Services Access Law.
6    WHEREAS, Drug-overdose deaths are the second leading cause
7of accidental death in the nation and deaths have increased
8significantly in recent years, in both the Chicago Metropolitan
9Area and across Illinois; and
 
10    WHEREAS, The General Assembly finds that drug-overdose
11deaths could be substantially decreased if immunity from
12criminal prosecution for Class 4 felony violations of the
13Illinois Controlled Substances Act and Class 3 felony
14violations of the Methamphetamine Control and Community
15Protection Act were granted to a person possessing a small
16amount of the drug who, in good faith seeks emergency medical

 

 

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1assistance for someone experiencing a drug-related overdose
2and if this immunity were granted for the same Class 4 felony
3violations of the Illinois Controlled Substances Act and the
4Class 3 felony violations of the Methamphetamine Control and
5Community Protection Act to a person who is experiencing a
6drug-related overdose; therefore"; and
 
7by replacing everything after the enacting clause with the
8following:
 
9    "Section 5. The Illinois Controlled Substances Act is
10amended by adding Section 414 as follows:
 
11    (720 ILCS 570/414 new)
12    Sec. 414. Overdose; limited immunity from prosecution.
13    (a) For the purposes of this Section, "overdose" means a
14controlled substance-induced physiological event that results
15in a life-threatening emergency to the individual who ingested,
16inhaled, injected or otherwise bodily absorbed a controlled,
17counterfeit, or look-alike substance or a controlled substance
18analog.
19    (b) A person who, in good faith, seeks or obtains emergency
20medical assistance for someone experiencing an overdose shall
21not be charged or prosecuted for Class 4 felony possession of a
22controlled, counterfeit, or look-alike substance or a
23controlled substance analog if evidence for the Class 4 felony

 

 

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1possession charge was acquired as a result of the person
2seeking or obtaining emergency medical assistance and
3providing the amount of substance recovered is within the
4amount identified in subsection (d) of this Section.
5    (c) A person who is experiencing an overdose shall not be
6charged or prosecuted for Class 4 felony possession of a
7controlled, counterfeit, or look-alike substance or a
8controlled substance analog if evidence for the Class 4 felony
9possession charge was acquired as a result of the person
10seeking or obtaining emergency medical assistance and
11providing the amount of substance recovered is within the
12amount identified in subsection (d) of this Section.
13    (d) For the purposes of subsections (b) and (c), the
14limited immunity shall only apply to a person possessing the
15following amount:
16        (1) less than 3 grams of a substance containing heroin;
17        (2) less than 3 grams of a substance containing
18    cocaine;
19        (3) less than 3 grams of a substance containing
20    morphine;
21        (4) less than 40 grams of a substance containing
22    peyote;
23        (5) less than 40 grams of a substance containing a
24    derivative of barbituric acid or any of the salts of a
25    derivative of barbituric acid;
26        (6) less than 40 grams of a substance containing

 

 

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1    amphetamine or any salt of an optical isomer of
2    amphetamine;
3        (7) less than 3 grams of a substance containing
4    lysergic acid diethylamide (LSD), or an analog thereof;
5        (8) less than 6 grams of a substance containing
6    pentazocine or any of the salts, isomers and salts of
7    isomers of pentazocine, or an analog thereof;
8        (9) less than 6 grams of a substance containing
9    methaqualone or any of the salts, isomers and salts of
10    isomers of methaqualone;
11        (10) less than 6 grams of a substance containing
12    phencyclidine or any of the salts, isomers and salts of
13    isomers of phencyclidine (PCP);
14        (11) less than 6 grams of a substance containing
15    ketamine or any of the salts, isomers and salts of isomers
16    of ketamine;
17        (12) less than 40 grams of a substance containing a
18    substance classified as a narcotic drug in Schedules I or
19    II, or an analog thereof, which is not otherwise included
20    in this subsection.
21    (e) The limited immunity described in subsections (b) and
22(c) of this Section shall not be extended if law enforcement
23has reasonable suspicion or probable cause to detain, arrest,
24or search the person described in subsection (b) or (c) of this
25Section for criminal activity and the reasonable suspicion or
26probable cause is based on information obtained prior to or

 

 

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1independent of the individual described in subsection (b) or
2(c) taking action to seek or obtain emergency medical
3assistance and not obtained as a direct result of the action of
4seeking or obtaining emergency medical assistance. Nothing in
5this Section is intended to interfere with or prevent the
6investigation, arrest, or prosecution of any person for the
7delivery or distribution of cannabis, methamphetamine or other
8controlled substances, drug-induced homicide, or any other
9crime.
 
10    Section 10. The Methamphetamine Control and Community
11Protection Act is amended by adding Section 115 as follows:
 
12    (720 ILCS 646/115 new)
13    Sec. 115. Overdose; limited immunity from prosecution.
14    (a) For the purposes of this Section, "overdose" means a
15methamphetamine-induced physiological event that results in a
16life-threatening emergency to the individual who ingested,
17inhaled, injected, or otherwise bodily absorbed
18methamphetamine.
19    (b) A person who, in good faith, seeks emergency medical
20assistance for someone experiencing an overdose shall not be
21charged or prosecuted for Class 3 felony possession of
22methamphetamine if evidence for the Class 3 felony possession
23charge was acquired as a result of the person seeking or
24obtaining emergency medical assistance and providing the

 

 

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1amount of substance recovered is less than one gram of
2methamphetamine or a substance containing methamphetamine.
3    (c) A person who is experiencing an overdose shall not be
4charged or prosecuted for Class 3 felony possession of
5methamphetamine if evidence for the Class 3 felony possession
6charge was acquired as a result of the person seeking or
7obtaining emergency medical assistance and providing the
8amount of substance recovered is less than one gram of
9methamphetamine or a substance containing methamphetamine.
10    (d) 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 15. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-5-3.1 as follows:
 
2    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
3    Sec. 5-5-3.1. Factors in Mitigation.
4    (a) The following grounds shall be accorded weight in favor
5of withholding or minimizing a sentence of imprisonment:
6        (1) The defendant's criminal conduct neither caused
7    nor threatened serious physical harm to another.
8        (2) The defendant did not contemplate that his criminal
9    conduct would cause or threaten serious physical harm to
10    another.
11        (3) The defendant acted under a strong provocation.
12        (4) There were substantial grounds tending to excuse or
13    justify the defendant's criminal conduct, though failing
14    to establish a defense.
15        (5) The defendant's criminal conduct was induced or
16    facilitated by someone other than the defendant.
17        (6) The defendant has compensated or will compensate
18    the victim of his criminal conduct for the damage or injury
19    that he sustained.
20        (7) The defendant has no history of prior delinquency
21    or criminal activity or has led a law-abiding life for a
22    substantial period of time before the commission of the
23    present crime.
24        (8) The defendant's criminal conduct was the result of
25    circumstances unlikely to recur.

 

 

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1        (9) The character and attitudes of the defendant
2    indicate that he is unlikely to commit another crime.
3        (10) The defendant is particularly likely to comply
4    with the terms of a period of probation.
5        (11) The imprisonment of the defendant would entail
6    excessive hardship to his dependents.
7        (12) The imprisonment of the defendant would endanger
8    his or her medical condition.
9        (13) The defendant was mentally retarded as defined in
10    Section 5-1-13 of this Code.
11        (14) The defendant sought or obtained emergency
12    medical assistance for an overdose and was convicted of a
13    Class 3 felony or higher possession, manufacture, or
14    delivery of a controlled, counterfeit, or look-alike
15    substance or a controlled substance analog under the
16    Illinois Controlled Substances Act or a Class 2 felony or
17    higher possession, manufacture or delivery of
18    methamphetamine under the Methamphetamine Control and
19    Community Protection Act.
20    (b) If the court, having due regard for the character of
21the offender, the nature and circumstances of the offense and
22the public interest finds that a sentence of imprisonment is
23the most appropriate disposition of the offender, or where
24other provisions of this Code mandate the imprisonment of the
25offender, the grounds listed in paragraph (a) of this
26subsection shall be considered as factors in mitigation of the

 

 

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1term imposed.
2(Source: P.A. 91-357, eff. 7-29-99.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".