Illinois General Assembly

Previous General Assemblies

Public Act 097-0678


 

Public Act 0678 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0678
 
SB1701 EnrolledLRB097 00062 RLC 48160 b

    AN ACT concerning criminal law, which may be referred to as
the Emergency Medical Services Access Law.
 
    WHEREAS, Drug-overdose deaths are the second leading cause
of accidental death in the nation and deaths have increased
significantly in recent years, in both the Chicago Metropolitan
Area and across Illinois; and
 
    WHEREAS, The General Assembly finds that drug-overdose
deaths could be substantially decreased if immunity from
criminal prosecution for Class 4 felony violations of the
Illinois Controlled Substances Act and Class 3 felony
violations of the Methamphetamine Control and Community
Protection Act were granted to a person possessing a small
amount of the drug who, in good faith, seeks emergency medical
assistance for someone experiencing a drug-related overdose
and if this immunity were granted for the same Class 4 felony
violations of the Illinois Controlled Substances Act and the
Class 3 felony violations of the Methamphetamine Control and
Community Protection Act to a person who is experiencing a
drug-related overdose; therefore
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by adding Section 414 as follows:
 
    (720 ILCS 570/414 new)
    Sec. 414. Overdose; limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a
controlled substance-induced physiological event that results
in a life-threatening emergency to the individual who ingested,
inhaled, injected or otherwise bodily absorbed a controlled,
counterfeit, or look-alike substance or a controlled substance
analog.
    (b) 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 or a
controlled substance analog if evidence for the Class 4 felony
possession charge was acquired as a result of the person
seeking or obtaining emergency medical assistance and
providing the amount of substance recovered is within the
amount identified in subsection (d) of this Section.
    (c) 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 if evidence for the Class 4 felony
possession charge was acquired as a result of the person
seeking or obtaining emergency medical assistance and
providing the amount of substance recovered is within the
amount identified in subsection (d) of this Section.
    (d) For the purposes of subsections (b) and (c), the
limited immunity shall only apply to a person possessing the
following amount:
        (1) less than 3 grams of a substance containing heroin;
        (2) less than 3 grams of a substance containing
    cocaine;
        (3) less than 3 grams of a substance containing
    morphine;
        (4) less than 40 grams of a substance containing
    peyote;
        (5) less than 40 grams of a substance containing a
    derivative of barbituric acid or any of the salts of a
    derivative of barbituric acid;
        (6) less than 40 grams of a substance containing
    amphetamine or any salt of an optical isomer of
    amphetamine;
        (7) less than 3 grams of a substance containing
    lysergic acid diethylamide (LSD), or an analog thereof;
        (8) less than 6 grams of a substance containing
    pentazocine or any of the salts, isomers and salts of
    isomers of pentazocine, or an analog thereof;
        (9) less than 6 grams of a substance containing
    methaqualone or any of the salts, isomers and salts of
    isomers of methaqualone;
        (10) less than 6 grams of a substance containing
    phencyclidine or any of the salts, isomers and salts of
    isomers of phencyclidine (PCP);
        (11) less than 6 grams of a substance containing
    ketamine or any of the salts, isomers and salts of isomers
    of ketamine;
        (12) less than 40 grams of a substance containing a
    substance classified as a narcotic drug in Schedules I or
    II, or an analog thereof, which is not otherwise included
    in this subsection.
    (e) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or
probable cause is based on information obtained prior to or
independent of the individual described in subsection (b) or
(c) taking action to seek or obtain emergency medical
assistance and not obtained as a direct result of the action of
seeking or obtaining emergency medical assistance. Nothing in
this Section is intended to interfere with or prevent the
investigation, arrest, or prosecution of any person for the
delivery or distribution of cannabis, methamphetamine or other
controlled substances, drug-induced homicide, or any other
crime.
 
    Section 10. The Methamphetamine Control and Community
Protection Act is amended by adding Section 115 as follows:
 
    (720 ILCS 646/115 new)
    Sec. 115. Overdose; limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a
methamphetamine-induced physiological event that results in a
life-threatening emergency to the individual who ingested,
inhaled, injected, or otherwise bodily absorbed
methamphetamine.
    (b) A person who, in good faith, seeks emergency medical
assistance for someone experiencing an overdose shall not be
charged or prosecuted for Class 3 felony possession of
methamphetamine if evidence for the Class 3 felony possession
charge was acquired as a result of the person seeking or
obtaining emergency medical assistance and providing the
amount of substance recovered is less than one gram of
methamphetamine or a substance containing methamphetamine.
    (c) A person who is experiencing an overdose shall not be
charged or prosecuted for Class 3 felony possession of
methamphetamine if evidence for the Class 3 felony possession
charge was acquired as a result of the person seeking or
obtaining emergency medical assistance and providing the
amount of substance recovered is less than one gram of
methamphetamine or a substance containing methamphetamine.
    (d) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or
probable cause is based on information obtained prior to or
independent of the individual described in subsection (b) or
(c) taking action to seek or obtain emergency medical
assistance and not obtained as a direct result of the action of
seeking or obtaining emergency medical assistance. Nothing in
this Section is intended to interfere with or prevent the
investigation, arrest, or prosecution of any person for the
delivery or distribution of cannabis, methamphetamine or other
controlled substances, drug-induced homicide, or any other
crime.
 
    Section 15. The Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:
 
    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
    Sec. 5-5-3.1. Factors in Mitigation.
    (a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
        (1) The defendant's criminal conduct neither caused
    nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his criminal
    conduct would cause or threaten serious physical harm to
    another.
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse or
    justify the defendant's criminal conduct, though failing
    to establish a defense.
        (5) The defendant's criminal conduct was induced or
    facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    the victim of his criminal conduct for the damage or injury
    that he sustained.
        (7) The defendant has no history of prior delinquency
    or criminal activity or has led a law-abiding life for a
    substantial period of time before the commission of the
    present crime.
        (8) The defendant's criminal conduct was the result of
    circumstances unlikely to recur.
        (9) The character and attitudes of the defendant
    indicate that he is unlikely to commit another crime.
        (10) The defendant is particularly likely to comply
    with the terms of a period of probation.
        (11) The imprisonment of the defendant would entail
    excessive hardship to his dependents.
        (12) The imprisonment of the defendant would endanger
    his or her medical condition.
        (13) The defendant was mentally retarded as defined in
    Section 5-1-13 of this Code.
        (14) 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.
    (b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 91-357, eff. 7-29-99.)

Effective Date: 6/1/2012