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

HB3445sam001 102ND GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 5/21/2021

 

 


 

 


 
10200HB3445sam001LRB102 13298 KMF 26910 a

1
AMENDMENT TO HOUSE BILL 3445

2    AMENDMENT NO. ______. Amend House Bill 3445 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB3445sam001- 2 -LRB102 13298 KMF 26910 a

1ingested, inhaled, injected or otherwise bodily absorbed a
2controlled, counterfeit, or look-alike substance or a
3controlled substance analog.
4    (b) A person who, in good faith, seeks or obtains
5emergency medical assistance for someone experiencing an
6overdose shall not be arrested, charged, or prosecuted for a
7violation of Section 401 or 402 of the Illinois Controlled
8Substances Act, Section 3.5 of the Drug Paraphernalia Control
9Act, Section 55 or 60 of the Methamphetamine Control and
10Community Protection Act, Section 9-3.3 of the Criminal Code
11of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
12of the Criminal Code of 2012 if: (i) evidence for the violation
13was acquired as a result of the person seeking or obtaining
14emergency medical assistance and providing the amount of
15substance recovered is within the amount identified in
16subsection (d) of this Section; and (ii) the person who seeks
17or obtains the medical assistance is the first person to seek
18or obtain the assistance, provides a name and contact
19information, remains on the scene until assistance arrives or
20is provided, and cooperates with the authorities. The
21violations listed in this subsection (b) must not serve as the
22sole basis of a violation of parole, mandatory supervised
23release, probation, or conditional discharge, a person's
24pretrial release, or furlough, or any seizure of property
25under any State law authorizing civil forfeiture so long as
26the evidence for the violation was acquired as a result of the

 

 

10200HB3445sam001- 3 -LRB102 13298 KMF 26910 a

1person seeking or obtaining emergency medical assistance in
2the event of an overdose.
3    (c) A person who is experiencing an overdose shall not be
4arrested, charged, or prosecuted for a violation of Section
5401 or 402 of the Illinois Controlled Substances Act, Section
63.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
7the Criminal Code of 2012, or paragraph (1) of subsection (g)
8of Section 12-3.05 of the Criminal Code of 2012 if evidence for
9the violation was acquired as a result of the person seeking or
10obtaining emergency medical assistance and providing the
11amount of substance recovered is within the amount identified
12in subsection (d) of this Section. The violations listed in
13this subsection (c) must not serve as the sole basis of a
14violation of parole, mandatory supervised release, probation,
15or conditional discharge, or any seizure of property under any
16State law authorizing civil forfeiture so long as the evidence
17for the violation was acquired as a result of the person
18seeking or obtaining emergency medical assistance in the event
19of an overdose.
20    (d) For the purposes of subsections (b) and (c), the
21limited immunity shall only apply to a person possessing the
22following amount:
23        (1) less than 3 grams of a substance containing
24    heroin;
25        (2) less than 3 grams of a substance containing
26    cocaine;

 

 

10200HB3445sam001- 4 -LRB102 13298 KMF 26910 a

1        (3) less than 3 grams of a substance containing
2    morphine;
3        (4) less than 40 grams of a substance containing
4    peyote;
5        (5) less than 40 grams of a substance containing a
6    derivative of barbituric acid or any of the salts of a
7    derivative of barbituric acid;
8        (6) less than 40 grams of a substance containing
9    amphetamine or any salt of an optical isomer of
10    amphetamine;
11        (7) less than 3 grams of a substance containing
12    lysergic acid diethylamide (LSD), or an analog thereof;
13        (8) less than 6 grams of a substance containing
14    pentazocine or any of the salts, isomers and salts of
15    isomers of pentazocine, or an analog thereof;
16        (9) less than 6 grams of a substance containing
17    methaqualone or any of the salts, isomers and salts of
18    isomers of methaqualone;
19        (10) less than 6 grams of a substance containing
20    phencyclidine or any of the salts, isomers and salts of
21    isomers of phencyclidine (PCP);
22        (11) less than 6 grams of a substance containing
23    ketamine or any of the salts, isomers and salts of isomers
24    of ketamine;
25        (12) less than 40 grams of a substance containing a
26    substance classified as a narcotic drug in Schedules I or

 

 

10200HB3445sam001- 5 -LRB102 13298 KMF 26910 a

1    II, or an analog thereof, which is not otherwise included
2    in this subsection.
3    (e) The limited immunity described in subsections (b) and
4(c) of this Section shall not be extended if law enforcement
5has reasonable suspicion or probable cause to detain, arrest,
6or search the person described in subsection (b) or (c) of this
7Section for criminal activity and the reasonable suspicion or
8probable cause is based on information obtained prior to or
9independent of the individual described in subsection (b) or
10(c) taking action to seek or obtain emergency medical
11assistance and not obtained as a direct result of the action of
12seeking or obtaining emergency medical assistance. Nothing in
13this Section is intended to interfere with or prevent the
14investigation, arrest, or prosecution of any person for the
15delivery or distribution of cannabis, methamphetamine or other
16controlled substances, drug-induced homicide, or any other
17crime if the evidence of the violation is not acquired as a
18result of the person seeking or obtaining emergency medical
19assistance in the event of an overdose.
20(Source: P.A. 102-4, eff. 4-27-21.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2022.".