Illinois General Assembly - Full Text of HB3445
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Full Text of HB3445  102nd General Assembly

HB3445 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3445

 

Introduced 2/22/2021, by Rep. Janet Yang Rohr

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions. Effective August 16, 2021.


LRB102 13298 KMF 18642 b

 

 

A BILL FOR

 

HB3445LRB102 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. Person seeking medical assistance for an opioid
10overdose; immunity from prosecution.
11    (a) A person who, in good faith, seeks or obtains
12emergency medical assistance for someone experiencing an
13opioid overdose shall not be charged or prosecuted for
14possession of a controlled, counterfeit, or look-alike
15substance or a controlled substance analog if (i) evidence for
16the possession charge was acquired as a result of the person
17seeking or obtaining emergency medical assistance and (ii) the
18person who seeks or obtains the medical assistance is the
19first person to seek or obtain the assistance, provides a name
20and contact information, remains on the scene until assistance
21arrives or is provided, and cooperates with the authorities.
22    (b) A person who is experiencing an opioid overdose shall
23not be charged or prosecuted for possession of a controlled,

 

 

HB3445- 2 -LRB102 13298 KMF 18642 b

1counterfeit, or look-alike substance or a controlled substance
2analog if evidence for the possession charge was acquired as a
3result of the person seeking or obtaining emergency medical
4assistance.
5    (c) A person's pretrial release, probation, furlough,
6supervised release, or parole shall not be revoked based on an
7incident for which the person would be immune from prosecution
8under this Section.
9    (d) Nothing in this Section shall:
10        (1) be construed to bar the admissibility of any
11    evidence obtained in connection with the investigation and
12    prosecution of other crimes or violations committed by a
13    person who otherwise qualifies for limited immunity under
14    this Section;
15        (2) preclude prosecution of a person on the basis of
16    evidence obtained from an independent source;
17        (3) be construed to limit, modify, or remove any
18    immunity from liability currently available to public
19    entities, public employees by law, or prosecutors; or
20        (4) prevent probation officers from conducting drug
21    testing of persons on pretrial release, probation,
22    furlough, supervised release, or parole.
 
23    Section 99. Effective date. This Act takes effect August
2416, 2021.