Illinois General Assembly - Full Text of HB3445
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3445  102nd General Assembly

HB3445enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3445 EnrolledLRB102 13298 KMF 18642 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Opioid
6Overdose Reduction Act.
7    (b) References to Act. This Act may be referred to as
8Alex's Law.
 
9    Section 5. The Illinois Controlled Substances Act is
10amended by changing Section 414 as follows:
 
11    (720 ILCS 570/414)
12    Sec. 414. Overdose; limited immunity.
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
16ingested, inhaled, injected or otherwise bodily absorbed a
17controlled, counterfeit, or look-alike substance or a
18controlled substance analog.
19    (b) A person who, in good faith, seeks or obtains
20emergency medical assistance for someone experiencing an
21overdose shall not be arrested, charged, or prosecuted for a
22violation of Section 401 or 402 of the Illinois Controlled

 

 

HB3445 Enrolled- 2 -LRB102 13298 KMF 18642 b

1Substances Act, Section 3.5 of the Drug Paraphernalia Control
2Act, Section 55 or 60 of the Methamphetamine Control and
3Community Protection Act, Section 9-3.3 of the Criminal Code
4of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
5of the Criminal Code of 2012 if evidence for the violation was
6acquired as a result of the person seeking or obtaining
7emergency medical assistance and providing the amount of
8substance recovered is within the amount identified in
9subsection (d) of this Section. The violations listed in this
10subsection (b) must not serve as the sole basis of a violation
11of parole, mandatory supervised release, probation, or
12conditional discharge, a person's pretrial release, or
13furlough, or any seizure of property under any State law
14authorizing civil forfeiture so long as the evidence for the
15violation was acquired as a result of the person seeking or
16obtaining emergency medical assistance in the event of an
17overdose.
18    (c) A person who is experiencing an overdose shall not be
19arrested, charged, or prosecuted for a violation of Section
20401 or 402 of the Illinois Controlled Substances Act, Section
213.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
22the Criminal Code of 2012, or paragraph (1) of subsection (g)
23of Section 12-3.05 of the Criminal Code of 2012 if evidence for
24the violation was acquired as a result of the person seeking or
25obtaining emergency medical assistance and providing the
26amount of substance recovered is within the amount identified

 

 

HB3445 Enrolled- 3 -LRB102 13298 KMF 18642 b

1in subsection (d) of this Section. The violations listed in
2this subsection (c) must not serve as the sole basis of a
3violation of parole, mandatory supervised release, probation,
4or conditional discharge, or any seizure of property under any
5State law authorizing civil forfeiture so long as the evidence
6for the violation was acquired as a result of the person
7seeking or obtaining emergency medical assistance in the event
8of an overdose.
9    (d) For the purposes of subsections (b) and (c), the
10limited immunity shall only apply to a person possessing the
11following amount:
12        (1) less than 3 grams of a substance containing
13    heroin;
14        (2) less than 3 grams of a substance containing
15    cocaine;
16        (3) less than 3 grams of a substance containing
17    morphine;
18        (4) less than 40 grams of a substance containing
19    peyote;
20        (5) less than 40 grams of a substance containing a
21    derivative of barbituric acid or any of the salts of a
22    derivative of barbituric acid;
23        (6) less than 40 grams of a substance containing
24    amphetamine or any salt of an optical isomer of
25    amphetamine;
26        (7) less than 3 grams of a substance containing

 

 

HB3445 Enrolled- 4 -LRB102 13298 KMF 18642 b

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

 

 

HB3445 Enrolled- 5 -LRB102 13298 KMF 18642 b

1seeking or obtaining emergency medical assistance. Nothing in
2this Section is intended to interfere with or prevent the
3investigation, arrest, or prosecution of any person for the
4delivery or distribution of cannabis, methamphetamine or other
5controlled substances, drug-induced homicide, or any other
6crime if the evidence of the violation is not acquired as a
7result of the person seeking or obtaining emergency medical
8assistance in the event of an overdose.
9(Source: P.A. 102-4, eff. 4-27-21.)
 
10    Section 99. Effective date. This Act takes effect January
111, 2022.