Full Text of HB3445 102nd General Assembly
HB3445enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title; references to Act. | 5 | | (a) Short title. This Act may be cited as the Opioid | 6 | | Overdose Reduction Act. | 7 | | (b) References to Act. This Act may be referred to as | 8 | | Alex's Law. | 9 | | Section 5. The Illinois Controlled Substances Act is | 10 | | amended 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 | 14 | | controlled substance-induced physiological event that results | 15 | | in a life-threatening emergency to the individual who | 16 | | ingested, inhaled, injected or otherwise bodily absorbed a | 17 | | controlled, counterfeit, or look-alike substance or a | 18 | | controlled substance analog. | 19 | | (b) A person who, in good faith, seeks or obtains | 20 | | emergency medical assistance for someone experiencing an | 21 | | overdose shall not be arrested, charged, or prosecuted for a | 22 | | violation of Section 401 or 402 of the Illinois Controlled |
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| 1 | | Substances Act, Section 3.5 of the Drug Paraphernalia Control | 2 | | Act, Section 55 or 60 of the Methamphetamine Control and | 3 | | Community Protection Act, Section 9-3.3 of the Criminal Code | 4 | | of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 | 5 | | of the Criminal Code of 2012 if evidence for the violation was | 6 | | acquired as a result of the person seeking or obtaining | 7 | | emergency medical assistance and providing the amount of | 8 | | substance recovered is within the amount identified in | 9 | | subsection (d) of this Section. The violations listed in this | 10 | | subsection (b) must not serve as the sole basis of a violation | 11 | | of parole, mandatory supervised release, probation, or | 12 | | conditional discharge, a person's pretrial release, or | 13 | | furlough, or any seizure of property under any State law | 14 | | authorizing civil forfeiture so long as the evidence for the | 15 | | violation was acquired as a result of the person seeking or | 16 | | obtaining emergency medical assistance in the event of an | 17 | | overdose. | 18 | | (c) A person who is experiencing an overdose shall not be | 19 | | arrested, charged, or prosecuted for a violation of Section | 20 | | 401 or 402 of the Illinois Controlled Substances Act, Section | 21 | | 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of | 22 | | the Criminal Code of 2012, or paragraph (1) of subsection (g) | 23 | | of Section 12-3.05 of the Criminal Code of 2012 if evidence for | 24 | | the violation was acquired as a result of the person seeking or | 25 | | obtaining emergency medical assistance and providing the | 26 | | amount of substance recovered is within the amount identified |
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| 1 | | in subsection (d) of this Section. The violations listed in | 2 | | this subsection (c) must not serve as the sole basis of a | 3 | | violation of parole, mandatory supervised release, probation, | 4 | | or conditional discharge, or any seizure of property under any | 5 | | State law authorizing civil forfeiture so long as the evidence | 6 | | for the violation was acquired as a result of the person | 7 | | seeking or obtaining emergency medical assistance in the event | 8 | | of an overdose. | 9 | | (d) For the purposes of subsections (b) and (c), the | 10 | | limited immunity shall only apply to a person possessing the | 11 | | following amount: | 12 | | (1) less than 3 grams of a substance containing | 13 | | heroin; | 14 | | (2) less than 3 grams of a substance containing | 15 | | cocaine; | 16 | | (3) less than 3 grams of a substance containing | 17 | | morphine; | 18 | | (4) less than 40 grams of a substance containing | 19 | | peyote; | 20 | | (5) less than 40 grams of a substance containing a | 21 | | derivative of barbituric acid or any of the salts of a | 22 | | derivative of barbituric acid; | 23 | | (6) less than 40 grams of a substance containing | 24 | | amphetamine or any salt of an optical isomer of | 25 | | amphetamine; | 26 | | (7) less than 3 grams of a substance containing |
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| 1 | | lysergic acid diethylamide (LSD), or an analog thereof; | 2 | | (8) less than 6 grams of a substance containing | 3 | | pentazocine or any of the salts, isomers and salts of | 4 | | isomers of pentazocine, or an analog thereof; | 5 | | (9) less than 6 grams of a substance containing | 6 | | methaqualone or any of the salts, isomers and salts of | 7 | | isomers of methaqualone; | 8 | | (10) less than 6 grams of a substance containing | 9 | | phencyclidine or any of the salts, isomers and salts of | 10 | | isomers of phencyclidine (PCP); | 11 | | (11) less than 6 grams of a substance containing | 12 | | ketamine or any of the salts, isomers and salts of isomers | 13 | | of ketamine; | 14 | | (12) less than 40 grams of a substance containing a | 15 | | substance classified as a narcotic drug in Schedules I or | 16 | | II, or an analog thereof, which is not otherwise included | 17 | | in this subsection. | 18 | | (e) The limited immunity described in subsections (b) and | 19 | | (c) of this Section shall not be extended if law enforcement | 20 | | has reasonable suspicion or probable cause to detain, arrest, | 21 | | or search the person described in subsection (b) or (c) of this | 22 | | Section for criminal activity and the reasonable suspicion or | 23 | | probable cause is based on information obtained prior to or | 24 | | independent of the individual described in subsection (b) or | 25 | | (c) taking action to seek or obtain emergency medical | 26 | | assistance and not obtained as a direct result of the action of |
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| 1 | | seeking or obtaining emergency medical assistance. Nothing in | 2 | | this Section is intended to interfere with or prevent the | 3 | | investigation, arrest, or prosecution of any person for the | 4 | | delivery or distribution of cannabis, methamphetamine or other | 5 | | controlled substances, drug-induced homicide, or any other | 6 | | crime if the evidence of the violation is not acquired as a | 7 | | result of the person seeking or obtaining emergency medical | 8 | | assistance in the event of an overdose.
| 9 | | (Source: P.A. 102-4, eff. 4-27-21.)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2022. |
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