Illinois General Assembly - Full Text of SB1554
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 SB1554  102nd General Assembly

SB1554 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1554

 

Introduced 2/26/2021, 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.


LRB102 12155 KMF 17492 b

 

 

A BILL FOR

 

SB1554LRB102 12155 KMF 17492 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
11ingested, inhaled, injected or otherwise bodily absorbed a
12controlled, counterfeit, or look-alike substance or a
13controlled substance analog.
14    (b) A person who, in good faith, seeks or obtains
15emergency medical assistance for someone experiencing an
16overdose shall not be arrested, charged, or prosecuted for a
17violation of Section 401 or 402 of the Illinois Controlled
18Substances Act, Section 3.5 of the Drug Paraphernalia Control
19Act, Section 55 or 60 of the Methamphetamine Control and
20Community Protection Act, Section 9-3.3 of the Criminal Code
21of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
22of the Criminal Code of 2012 Class 4 felony possession of a
23controlled, counterfeit, or look-alike substance or a

 

 

SB1554- 2 -LRB102 12155 KMF 17492 b

1controlled substance analog if evidence for the violation
2Class 4 felony possession charge was acquired as a result of
3the person seeking or obtaining emergency medical assistance
4and providing the amount of substance recovered is within the
5amount identified in subsection (d) of this Section. The
6violations listed in this subsection (b) must not serve as the
7sole basis of a violation of parole, mandatory supervised
8release, probation, or conditional discharge, a Department of
9Children and Family Services investigation, or any seizure of
10property under any State law authorizing civil forfeiture so
11long as the evidence for the violation was acquired as a result
12of the person seeking or obtaining emergency medical
13assistance in the event of an overdose.
14    (c) A person who is experiencing an overdose shall not be
15arrested, charged, or prosecuted for a violation of Section
16401 or 402 of the Illinois Controlled Substances Act, Section
173.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
18the Criminal Code of 2012, or paragraph (1) of subsection (g)
19of Section 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
26Section. The violations listed in this subsection (c) must not

 

 

SB1554- 3 -LRB102 12155 KMF 17492 b

1serve as the sole basis of a violation of parole, mandatory
2supervised release, probation, or conditional discharge, a
3Department of Children and Family Services investigation, or
4any seizure of property under any State law authorizing civil
5forfeiture so long as the evidence for the violation was
6acquired as a result of the person seeking or obtaining
7emergency medical assistance in 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
12    heroin;
13        (2) less than 3 grams of a substance containing
14    cocaine;
15        (3) less than 3 grams of a substance containing
16    morphine;
17        (4) less than 40 grams of a substance containing
18    peyote;
19        (5) less than 40 grams of a substance containing a
20    derivative of barbituric acid or any of the salts of a
21    derivative of barbituric acid;
22        (6) less than 40 grams of a substance containing
23    amphetamine or any salt of an optical isomer of
24    amphetamine;
25        (7) less than 3 grams of a substance containing
26    lysergic acid diethylamide (LSD), or an analog thereof;

 

 

SB1554- 4 -LRB102 12155 KMF 17492 b

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

 

 

SB1554- 5 -LRB102 12155 KMF 17492 b

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

 

 

SB1554- 6 -LRB102 12155 KMF 17492 b

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

 

 

SB1554- 7 -LRB102 12155 KMF 17492 b

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