101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3229

 

Introduced 2/11/2020, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/414
720 ILCS 646/115

    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 or who is experiencing an overdose shall not be arrested, charged, or prosecuted for controlled substance manufacture, delivery, or possession with intent to manufacture or deliver or a possession violation of the Illinois Controlled Substances Act, a drug paraphernalia violation, a methamphetamine delivery or possession violation, a drug-induced homicide violation, or an aggravated battery violation based on unlawfully delivering a controlled substance to another person and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance. Provides that these violations must not serve as the sole basis of a violation of parole, mandatory supervised release, probation or conditional discharge, a Department of Children and Family Services investigation, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Provides that the limited immunity as relates to methamphetamine only applies to possession of less than 3 grams. Provides that nothing in these provisions are 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 if the evidence of the violation is not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Deletes provisions that the limited immunity only applies to Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog.


LRB101 20254 RLC 69794 b

 

 

A BILL FOR

 

SB3229LRB101 20254 RLC 69794 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 414 as follows:
 
6    (720 ILCS 570/414)
7    Sec. 414. Overdose; limited immunity from prosecution.
8    (a) For the purposes of this Section, "overdose" means a
9controlled substance-induced physiological event that results
10in a life-threatening emergency to the individual who ingested,
11inhaled, injected or otherwise bodily absorbed a controlled,
12counterfeit, or look-alike substance or a controlled substance
13analog.
14    (b) A person who, in good faith, seeks or obtains emergency
15medical assistance for someone experiencing an overdose shall
16not be arrested, charged, or prosecuted for a violation of
17Section 401 or 402 of the Illinois Controlled Substances Act,
18Section 3.5 of the Drug Paraphernalia Control Act, Section 55
19or 60 of the Methamphetamine Control and Community Protection
20Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph
21(1) of subsection (g) of Section 12-3.05 of the Criminal Code
22of 2012 Class 4 felony possession of a controlled, counterfeit,
23or look-alike substance or a controlled substance analog if

 

 

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1evidence for the violation Class 4 felony possession charge was
2acquired as a result of the person seeking or obtaining
3emergency medical assistance and providing the amount of
4substance recovered is within the amount identified in
5subsection (d) of this Section. The violations listed in this
6subsection (b) must not serve as the sole basis of a violation
7of parole, mandatory supervised release, probation, or
8conditional discharge, a Department of Children and Family
9Services investigation, or any seizure of property under any
10State law authorizing civil forfeiture so long as the evidence
11for the violation was acquired as a result of the person
12seeking or obtaining emergency medical assistance in the event
13of an overdose.
14    (c) A person who is experiencing an overdose shall not be
15arrested, charged, or prosecuted for a violation of Section 401
16or 402 of the Illinois Controlled Substances Act, Section 3.5
17of the Drug Paraphernalia Control Act, Section 9-3.3 of the
18Criminal Code of 2012, or paragraph (1) of subsection (g) of
19Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
20possession of a controlled, counterfeit, or look-alike
21substance or a controlled substance analog if evidence for the
22violation Class 4 felony possession charge was acquired as a
23result of the person seeking or obtaining emergency medical
24assistance and providing the amount of substance recovered is
25within the amount identified in subsection (d) of this Section.
26The violations listed in this subsection (c) must not serve as

 

 

SB3229- 3 -LRB101 20254 RLC 69794 b

1the sole basis of a violation of parole, mandatory supervised
2release, probation, or conditional discharge, a Department of
3Children and Family Services investigation, or any seizure of
4property under any State law authorizing civil forfeiture so
5long as the evidence for the violation was acquired as a result
6of the person seeking or obtaining emergency medical assistance
7in the event of an overdose.
8    (d) For the purposes of subsections (b) and (c), the
9limited immunity shall only apply to a person possessing the
10following amount:
11        (1) less than 3 grams of a substance containing heroin;
12        (2) less than 3 grams of a substance containing
13    cocaine;
14        (3) less than 3 grams of a substance containing
15    morphine;
16        (4) less than 40 grams of a substance containing
17    peyote;
18        (5) less than 40 grams of a substance containing a
19    derivative of barbituric acid or any of the salts of a
20    derivative of barbituric acid;
21        (6) less than 40 grams of a substance containing
22    amphetamine or any salt of an optical isomer of
23    amphetamine;
24        (7) less than 3 grams of a substance containing
25    lysergic acid diethylamide (LSD), or an analog thereof;
26        (8) less than 6 grams of a substance containing

 

 

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1    pentazocine or any of the salts, isomers and salts of
2    isomers of pentazocine, or an analog thereof;
3        (9) less than 6 grams of a substance containing
4    methaqualone or any of the salts, isomers and salts of
5    isomers of methaqualone;
6        (10) less than 6 grams of a substance containing
7    phencyclidine or any of the salts, isomers and salts of
8    isomers of phencyclidine (PCP);
9        (11) less than 6 grams of a substance containing
10    ketamine or any of the salts, isomers and salts of isomers
11    of ketamine;
12        (12) less than 40 grams of a substance containing a
13    substance classified as a narcotic drug in Schedules I or
14    II, or an analog thereof, which is not otherwise included
15    in this subsection.
16    (e) The limited immunity described in subsections (b) and
17(c) of this Section shall not be extended if law enforcement
18has reasonable suspicion or probable cause to detain, arrest,
19or search the person described in subsection (b) or (c) of this
20Section for criminal activity and the reasonable suspicion or
21probable cause is based on information obtained prior to or
22independent of the individual described in subsection (b) or
23(c) taking action to seek or obtain emergency medical
24assistance and not obtained as a direct result of the action of
25seeking or obtaining emergency medical assistance. Nothing in
26this Section is intended to interfere with or prevent the

 

 

SB3229- 5 -LRB101 20254 RLC 69794 b

1investigation, arrest, or prosecution of any person for the
2delivery or distribution of cannabis, methamphetamine or other
3controlled substances, drug-induced homicide, or any other
4crime if the evidence of the violation is not acquired as a
5result of the person seeking or obtaining emergency medical
6assistance in the event of an overdose.
7(Source: P.A. 97-678, eff. 6-1-12.)
 
8    Section 10. The Methamphetamine Control and Community
9Protection Act is amended by changing Section 115 as follows:
 
10    (720 ILCS 646/115)
11    Sec. 115. Overdose; limited immunity from prosecution.
12    (a) For the purposes of this Section, "overdose" means a
13methamphetamine-induced physiological event that results in a
14life-threatening emergency to the individual who ingested,
15inhaled, injected, or otherwise bodily absorbed
16methamphetamine.
17    (b) A person who, in good faith, seeks emergency medical
18assistance for someone experiencing an overdose shall not be
19arrested, charged or prosecuted for a violation of Section 55
20or 60 of this Act or Section 3.5 of the Drug Paraphernalia
21Control Act, Section 9-3.3 of the Criminal Code of 2012, or
22paragraph (1) of subsection (g) of Section 12-3.05 of the
23Criminal Code of 2012 Class 3 felony possession of
24methamphetamine if evidence for the violation Class 3 felony

 

 

SB3229- 6 -LRB101 20254 RLC 69794 b

1possession charge was acquired as a result of the person
2seeking or obtaining emergency medical assistance and
3providing the amount of substance recovered is less than 3
4grams one gram of methamphetamine or a substance containing
5methamphetamine. The violations listed in this subsection (b)
6must not serve as the sole basis of a violation of parole,
7mandatory supervised release, probation, or conditional
8discharge, a Department of Children and Family Services
9investigation, or any seizure of property under any State law
10authorizing civil forfeiture so long as the evidence for the
11violation was acquired as a result of the person seeking or
12obtaining emergency medical assistance in the event of an
13overdose.
14    (c) A person who is experiencing an overdose shall not be
15arrested, charged, or prosecuted for a violation of Section 55
16or 60 of this Act or Section 3.5 of the Drug Paraphernalia
17Control Act, Section 9-3.3 of the Criminal Code of 2012, or
18paragraph (1) of subsection (g) of Section 12-3.05 of the
19Criminal Code of 2012 Class 3 felony possession of
20methamphetamine if evidence for the Class 3 felony possession
21charge was acquired as a result of the person seeking or
22obtaining emergency medical assistance and providing the
23amount of substance recovered is less than one gram of
24methamphetamine or a substance containing methamphetamine. The
25violations listed in this subsection (c) must not serve as the
26sole basis of a violation of parole, mandatory supervised

 

 

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1release, probation, or conditional discharge, a Department of
2Children and Family Services investigation, or any seizure of
3property under any State law authorizing civil forfeiture so
4long as the evidence for the violation was acquired as a result
5of the person seeking or obtaining emergency medical assistance
6in the event of an overdose.
7    (d) The limited immunity described in subsections (b) and
8(c) of this Section shall not be extended if law enforcement
9has reasonable suspicion or probable cause to detain, arrest,
10or search the person described in subsection (b) or (c) of this
11Section for criminal activity and the reasonable suspicion or
12probable cause is based on information obtained prior to or
13independent of the individual described in subsection (b) or
14(c) taking action to seek or obtain emergency medical
15assistance and not obtained as a direct result of the action of
16seeking or obtaining emergency medical assistance. Nothing in
17this Section is intended to interfere with or prevent the
18investigation, arrest, or prosecution of any person for the
19delivery or distribution of cannabis, methamphetamine or other
20controlled substances, drug-induced homicide, or any other
21crime if the evidence of the violation is not acquired as a
22result of the person seeking or obtaining emergency medical
23assistance in the event of an overdose.
24(Source: P.A. 97-678, eff. 6-1-12.)