Full Text of SB1701 97th General Assembly
SB1701sam002 97TH GENERAL ASSEMBLY | Sen. John J. Millner Filed: 3/24/2011
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| 1 | | AMENDMENT TO SENATE BILL 1701
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1701 by replacing | 3 | | the title with the following:
| 4 | | "AN ACT concerning criminal law, which may be referred to | 5 | | as the Emergency Medical Services Access Law. | 6 | | WHEREAS, Drug-overdose deaths are the second leading cause | 7 | | of accidental death in the nation and deaths have increased | 8 | | significantly in recent years, in both the Chicago Metropolitan | 9 | | Area and across Illinois; and
| 10 | | WHEREAS, The General Assembly finds that drug-overdose | 11 | | deaths could be substantially decreased if immunity from | 12 | | criminal prosecution for Class 4 felony violations of the | 13 | | Illinois Controlled Substances Act and Class 3 felony | 14 | | violations of the Methamphetamine Control and Community | 15 | | Protection Act were granted to a person possessing a small | 16 | | amount of the drug who, in good faith seeks emergency medical |
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| 1 | | assistance for someone experiencing a drug-related overdose | 2 | | and if this immunity were granted for the same Class 4 felony | 3 | | violations of the Illinois Controlled Substances Act and the | 4 | | Class 3 felony violations of the Methamphetamine Control and | 5 | | Community Protection Act to a person who is experiencing a | 6 | | drug-related overdose; therefore"; and
| 7 | | by replacing everything after the enacting clause with the | 8 | | following: | 9 | | "Section 5. The Illinois Controlled Substances Act is | 10 | | amended by adding Section 414 as follows: | 11 | | (720 ILCS 570/414 new) | 12 | | Sec. 414. Overdose; limited immunity from prosecution. | 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 ingested, | 16 | | inhaled, injected or otherwise bodily absorbed a controlled, | 17 | | counterfeit, or look-alike substance or a controlled substance | 18 | | analog. | 19 | | (b) A person who, in good faith, seeks or obtains emergency | 20 | | medical assistance for someone experiencing an overdose shall | 21 | | not be charged or prosecuted for Class 4 felony possession of a | 22 | | controlled, counterfeit, or look-alike substance or a | 23 | | controlled substance analog if evidence for the Class 4 felony |
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| 1 | | possession charge was acquired as a result of the person | 2 | | seeking or obtaining emergency medical assistance and | 3 | | providing the amount of substance recovered is within the | 4 | | amount identified in subsection (d) of this Section. | 5 | | (c) A person who is experiencing an overdose shall not be | 6 | | charged or prosecuted for Class 4 felony possession of a | 7 | | controlled, counterfeit, or look-alike substance or a | 8 | | controlled substance analog if evidence for the Class 4 felony | 9 | | possession charge was acquired as a result of the person | 10 | | seeking or obtaining emergency medical assistance and | 11 | | providing the amount of substance recovered is within the | 12 | | amount identified in subsection (d) of this Section. | 13 | | (d) For the purposes of subsections (b) and (c), the | 14 | | limited immunity shall only apply to a person possessing the | 15 | | following amount: | 16 | | (1) less than 3 grams of a substance containing heroin; | 17 | | (2) less than 3 grams of a substance containing | 18 | | cocaine; | 19 | | (3) less than 3 grams of a substance containing | 20 | | morphine; | 21 | | (4) less than 40 grams of a substance containing | 22 | | peyote; | 23 | | (5) less than 40 grams of a substance containing a | 24 | | derivative of barbituric acid or any of the salts of a | 25 | | derivative of barbituric acid; | 26 | | (6) less than 40 grams of a substance containing |
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| 1 | | amphetamine or any salt of an optical isomer of | 2 | | amphetamine; | 3 | | (7) less than 3 grams of a substance containing | 4 | | lysergic acid diethylamide (LSD), or an analog thereof; | 5 | | (8) less than 6 grams of a substance containing | 6 | | pentazocine or any of the salts, isomers and salts of | 7 | | isomers of pentazocine, or an analog thereof; | 8 | | (9) less than 6 grams of a substance containing | 9 | | methaqualone or any of the salts, isomers and salts of | 10 | | isomers of methaqualone; | 11 | | (10) less than 6 grams of a substance containing | 12 | | phencyclidine or any of the salts, isomers and salts of | 13 | | isomers of phencyclidine (PCP); | 14 | | (11) less than 6 grams of a substance containing | 15 | | ketamine or any of the salts, isomers and salts of isomers | 16 | | of ketamine; | 17 | | (12) less than 40 grams of a substance containing a | 18 | | substance classified as a narcotic drug in Schedules I or | 19 | | II, or an analog thereof, which is not otherwise included | 20 | | in this subsection. | 21 | | (e) The limited immunity described in subsections (b) and | 22 | | (c) of this Section shall not be extended if law enforcement | 23 | | has reasonable suspicion or probable cause to detain, arrest, | 24 | | or search the person described in subsection (b) or (c) of this | 25 | | Section for criminal activity and the reasonable suspicion or | 26 | | probable cause is based on information obtained prior to or |
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| 1 | | independent of the individual described in subsection (b) or | 2 | | (c) taking action to seek or obtain emergency medical | 3 | | assistance and not obtained as a direct result of the action of | 4 | | seeking or obtaining emergency medical assistance. Nothing in | 5 | | this Section is intended to interfere with or prevent the | 6 | | investigation, arrest, or prosecution of any person for the | 7 | | delivery or distribution of cannabis, methamphetamine or other | 8 | | controlled substances, drug-induced homicide, or any other | 9 | | crime. | 10 | | Section 10. The Methamphetamine Control and Community | 11 | | Protection Act is amended by adding Section 115 as follows: | 12 | | (720 ILCS 646/115 new) | 13 | | Sec. 115. Overdose; limited immunity from prosecution. | 14 | | (a) For the purposes of this Section, "overdose" means a | 15 | | methamphetamine-induced physiological event that results in a | 16 | | life-threatening emergency to the individual who ingested, | 17 | | inhaled, injected, or otherwise bodily absorbed | 18 | | methamphetamine. | 19 | | (b) A person who, in good faith, seeks emergency medical | 20 | | assistance for someone experiencing an overdose shall not be | 21 | | charged or prosecuted for Class 3 felony possession of | 22 | | methamphetamine if evidence for the Class 3 felony possession | 23 | | charge was acquired as a result of the person seeking or | 24 | | obtaining emergency medical assistance and providing the |
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| 1 | | amount of substance recovered is less than one gram of | 2 | | methamphetamine or a substance containing methamphetamine. | 3 | | (c) A person who is experiencing an overdose shall not be | 4 | | charged or prosecuted for Class 3 felony possession of | 5 | | methamphetamine if evidence for the Class 3 felony possession | 6 | | charge was acquired as a result of the person seeking or | 7 | | obtaining emergency medical assistance and providing the | 8 | | amount of substance recovered is less than one gram of | 9 | | methamphetamine or a substance containing methamphetamine. | 10 | | (d) The limited immunity described in subsections (b) and | 11 | | (c) of this Section shall not be extended if law enforcement | 12 | | has reasonable suspicion or probable cause to detain, arrest, | 13 | | or search the person described in subsection (b) or (c) of this | 14 | | Section for criminal activity and the reasonable suspicion or | 15 | | probable cause is based on information obtained prior to or | 16 | | independent of the individual described in subsection (b) or | 17 | | (c) taking action to seek or obtain emergency medical | 18 | | assistance and not obtained as a direct result of the action of | 19 | | seeking or obtaining emergency medical assistance. Nothing in | 20 | | this Section is intended to interfere with or prevent the | 21 | | investigation, arrest, or prosecution of any person for the | 22 | | delivery or distribution of cannabis, methamphetamine or other | 23 | | controlled substances, drug-induced homicide, or any other | 24 | | crime. | 25 | | Section 15. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-5-3.1 as follows:
| 2 | | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| 3 | | Sec. 5-5-3.1. Factors in Mitigation.
| 4 | | (a) The following
grounds shall be accorded weight in favor | 5 | | of withholding or
minimizing a sentence of imprisonment:
| 6 | | (1) The defendant's criminal conduct neither caused | 7 | | nor
threatened serious physical harm to another.
| 8 | | (2) The defendant did not contemplate that his criminal | 9 | | conduct would
cause or threaten serious physical harm to | 10 | | another.
| 11 | | (3) The defendant acted under a strong provocation.
| 12 | | (4) There were substantial grounds tending to excuse or | 13 | | justify
the defendant's criminal conduct, though failing | 14 | | to establish a
defense.
| 15 | | (5) The defendant's criminal conduct was induced or | 16 | | facilitated
by someone other than the defendant.
| 17 | | (6) The defendant has compensated or will compensate | 18 | | the victim
of his criminal conduct for the damage or injury | 19 | | that he sustained.
| 20 | | (7) The defendant has no history of prior delinquency | 21 | | or
criminal activity or has led a law-abiding life for a | 22 | | substantial
period of time before the commission of the | 23 | | present crime.
| 24 | | (8) The defendant's criminal conduct was the result of
| 25 | | circumstances unlikely to recur.
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| 1 | | (9) The character and attitudes of the defendant | 2 | | indicate that he is
unlikely to commit another crime.
| 3 | | (10) The defendant is particularly likely to comply | 4 | | with the terms of
a period of probation.
| 5 | | (11) The imprisonment of the defendant would entail | 6 | | excessive
hardship to his dependents.
| 7 | | (12) The imprisonment of the defendant would endanger | 8 | | his or her medical
condition.
| 9 | | (13) The defendant was mentally retarded as defined in | 10 | | Section 5-1-13 of
this Code.
| 11 | | (14) The defendant sought or obtained emergency | 12 | | medical assistance for an overdose and was convicted of a | 13 | | Class 3 felony or higher possession, manufacture, or | 14 | | delivery of a controlled, counterfeit, or look-alike | 15 | | substance or a controlled substance analog under the | 16 | | Illinois Controlled Substances Act or a Class 2 felony or | 17 | | higher possession, manufacture or delivery of | 18 | | methamphetamine under the Methamphetamine Control and | 19 | | Community Protection Act. | 20 | | (b) If the court, having due regard for the character of | 21 | | the
offender, the nature and circumstances of the offense and | 22 | | the
public interest finds that a sentence of imprisonment is | 23 | | the
most appropriate disposition of the offender, or where | 24 | | other
provisions of this Code mandate the imprisonment of the | 25 | | offender,
the grounds listed in paragraph (a) of this | 26 | | subsection shall be
considered as factors in mitigation of the |
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| 1 | | term imposed.
| 2 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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