HB3445 EngrossedLRB102 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 Engrossed- 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
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.