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

HB3445sam002 102ND GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 5/24/2021

 

 


 

 


 
10200HB3445sam002LRB102 13298 KMF 26982 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

 

 

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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 evidence for the violation was
13acquired 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. The violations listed in this
17subsection (b) must not serve as the sole basis of a violation
18of parole, mandatory supervised release, probation, or
19conditional discharge, a person's pretrial release, or
20furlough, or any seizure of property under any State law
21authorizing civil forfeiture so long as the evidence for the
22violation was acquired as a result of the person seeking or
23obtaining emergency medical assistance in the event of an
24overdose.
25    (c) A person who is experiencing an overdose shall not be
26arrested, charged, or prosecuted for a violation of Section

 

 

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1401 or 402 of the Illinois Controlled Substances Act, Section
23.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
3the Criminal Code of 2012, or paragraph (1) of subsection (g)
4of Section 12-3.05 of the Criminal Code of 2012 if evidence for
5the violation was acquired as a result of the person seeking or
6obtaining emergency medical assistance and providing the
7amount of substance recovered is within the amount identified
8in subsection (d) of this Section. The violations listed in
9this subsection (c) must not serve as the sole basis of a
10violation of parole, mandatory supervised release, probation,
11or conditional discharge, or any seizure of property under any
12State law authorizing civil forfeiture so long as the evidence
13for the violation was acquired as a result of the person
14seeking or obtaining emergency medical assistance in the event
15of an overdose.
16    (d) For the purposes of subsections (b) and (c), the
17limited immunity shall only apply to a person possessing the
18following amount:
19        (1) less than 3 grams of a substance containing
20    heroin;
21        (2) less than 3 grams of a substance containing
22    cocaine;
23        (3) less than 3 grams of a substance containing
24    morphine;
25        (4) less than 40 grams of a substance containing
26    peyote;

 

 

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1        (5) less than 40 grams of a substance containing a
2    derivative of barbituric acid or any of the salts of a
3    derivative of barbituric acid;
4        (6) less than 40 grams of a substance containing
5    amphetamine or any salt of an optical isomer of
6    amphetamine;
7        (7) less than 3 grams of a substance containing
8    lysergic acid diethylamide (LSD), or an analog thereof;
9        (8) less than 6 grams of a substance containing
10    pentazocine or any of the salts, isomers and salts of
11    isomers of pentazocine, or an analog thereof;
12        (9) less than 6 grams of a substance containing
13    methaqualone or any of the salts, isomers and salts of
14    isomers of methaqualone;
15        (10) less than 6 grams of a substance containing
16    phencyclidine or any of the salts, isomers and salts of
17    isomers of phencyclidine (PCP);
18        (11) less than 6 grams of a substance containing
19    ketamine or any of the salts, isomers and salts of isomers
20    of ketamine;
21        (12) less than 40 grams of a substance containing a
22    substance classified as a narcotic drug in Schedules I or
23    II, or an analog thereof, which is not otherwise included
24    in this subsection.
25    (e) The limited immunity described in subsections (b) and
26(c) of this Section shall not be extended if law enforcement

 

 

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1has reasonable suspicion or probable cause to detain, arrest,
2or search the person described in subsection (b) or (c) of this
3Section for criminal activity and the reasonable suspicion or
4probable cause is based on information obtained prior to or
5independent of the individual described in subsection (b) or
6(c) taking action to seek or obtain emergency medical
7assistance and not obtained as a direct result of the action of
8seeking or obtaining emergency medical assistance. Nothing in
9this Section is intended to interfere with or prevent the
10investigation, arrest, or prosecution of any person for the
11delivery or distribution of cannabis, methamphetamine or other
12controlled substances, drug-induced homicide, or any other
13crime if the evidence of the violation is not acquired as a
14result of the person seeking or obtaining emergency medical
15assistance in the event of an overdose.
16(Source: P.A. 102-4, eff. 4-27-21.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2022.".