Public Act 097-0678
 
SB1701 EnrolledLRB097 00062 RLC 48160 b


  
    AN ACT concerning criminal law, which may be referred to as 
the Emergency Medical Services Access Law.
  
 
    WHEREAS, Drug-overdose deaths are the second leading cause 
of accidental death in the nation and deaths have increased 
significantly in recent years, in both the Chicago Metropolitan 
Area and across Illinois; and

 
    WHEREAS, The General Assembly finds that drug-overdose 
deaths could be substantially decreased if immunity from 
criminal prosecution for Class 4 felony violations of the 
Illinois Controlled Substances Act and Class 3 felony 
violations of the Methamphetamine Control and Community 
Protection Act were granted to a person possessing a small 
amount of the drug who, in good faith, seeks emergency medical 
assistance for someone experiencing a drug-related overdose 
and if this immunity were granted for the same Class 4 felony 
violations of the Illinois Controlled Substances Act and the 
Class 3 felony violations of the Methamphetamine Control and 
Community Protection Act to a person who is experiencing a 
drug-related overdose; therefore
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Illinois Controlled Substances Act is 
amended  by adding Section 414 as follows:
 
    (720 ILCS 570/414 new)
    Sec. 414. Overdose;  limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a 
controlled substance-induced physiological event that results 
in a life-threatening emergency to the individual who ingested, 
inhaled, injected or otherwise bodily absorbed a controlled, 
counterfeit, or look-alike substance or a controlled substance 
analog. 
    (b) A person who, in good faith, seeks or obtains emergency 
medical assistance for someone experiencing an overdose shall 
not be charged or prosecuted for Class 4 felony possession of a 
controlled, counterfeit, or look-alike substance or a 
controlled substance analog if evidence for the Class 4 felony 
possession charge was acquired as a result of the person 
seeking or obtaining emergency medical assistance and 
providing the amount of substance recovered is within the 
amount identified in subsection (d) of this Section. 
    (c) A person who is experiencing an overdose shall not be 
charged or prosecuted for Class 4 felony possession of a 
controlled, counterfeit, or look-alike substance or a 
controlled substance analog if evidence for the Class 4 felony 
possession charge was acquired as a result of the person 
seeking or obtaining emergency medical assistance and 
providing the amount of substance recovered is within the 
amount identified in subsection (d) of this Section. 
    (d) For the purposes of subsections (b) and (c), the 
limited immunity shall only apply to a person possessing the 
following amount:
        (1) less than 3 grams of a substance containing heroin;
        (2) less than 3 grams of a substance containing 
    cocaine;
        (3) less than 3 grams of a substance containing 
    morphine;
        (4) less than 40 grams of a substance containing 
    peyote;
        (5) less than 40 grams of a substance containing a 
    derivative of barbituric acid or any of the salts of a 
    derivative of barbituric acid;
        (6) less than 40 grams of a substance containing 
    amphetamine or any salt of an optical isomer of 
    amphetamine;
        (7) less than 3 grams of a substance containing 
    lysergic acid diethylamide (LSD), or an analog thereof;
        (8) less than 6 grams of a substance containing 
    pentazocine or any of the salts, isomers and salts of 
    isomers of pentazocine, or an analog thereof;
        (9) less than 6 grams of a substance containing 
    methaqualone or any of the salts, isomers and salts of 
    isomers of methaqualone;
        (10) less than 6 grams of a substance containing 
    phencyclidine or any of the salts, isomers and salts of 
    isomers of phencyclidine (PCP);
        (11) less than 6 grams of a substance containing 
    ketamine or any of the salts, isomers and salts of isomers 
    of ketamine;
        (12) less than 40 grams of a substance containing a 
    substance classified as a narcotic drug in Schedules I or 
    II, or an analog thereof, which is not otherwise included 
    in this subsection. 
    (e) The limited immunity described in subsections (b) and 
(c) of this Section shall not be extended if law enforcement 
has reasonable suspicion or probable cause to detain, arrest, 
or search the person described in subsection (b) or (c) of this 
Section for criminal activity and the reasonable suspicion or 
probable cause is based on information obtained prior to or 
independent of the individual described in subsection (b) or 
(c) taking action to seek or obtain emergency medical 
assistance and not obtained as a direct result of the action of 
seeking or obtaining emergency medical assistance.  Nothing in 
this Section is intended to interfere with or prevent the 
investigation, arrest, or prosecution of any person for the 
delivery or distribution of cannabis, methamphetamine or other 
controlled substances,  drug-induced homicide, or any other 
crime. 
 
    Section 10. The Methamphetamine Control and Community 
Protection Act is amended  by adding Section 115 as follows:
 
    (720 ILCS 646/115 new)
    Sec. 115. Overdose; limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a 
methamphetamine-induced physiological event that results in a 
life-threatening emergency to the individual who ingested, 
inhaled, injected, or otherwise bodily absorbed 
methamphetamine. 
    (b) A person who, in good faith, seeks emergency medical 
assistance for someone experiencing an overdose shall not be 
charged or prosecuted for Class 3 felony possession of 
methamphetamine if evidence for the Class 3 felony possession 
charge was acquired as a result of the person seeking or 
obtaining emergency medical assistance and providing the 
amount of substance recovered is less than one gram of 
methamphetamine or a substance containing methamphetamine. 
    (c) A person who is experiencing an overdose shall not be 
charged or prosecuted for Class 3 felony possession of 
methamphetamine if evidence for the Class 3 felony possession 
charge was acquired as a result of the person seeking or 
obtaining emergency medical assistance and providing the 
amount of substance recovered is less than one gram of 
methamphetamine or a substance containing methamphetamine. 
    (d) The limited immunity described in subsections (b) and 
(c) of this Section shall not be extended if law enforcement 
has reasonable suspicion or probable cause to detain, arrest, 
or search the person described in subsection (b) or (c) of this 
Section for criminal activity and the reasonable suspicion or 
probable cause is based on information obtained prior to or 
independent of the individual described in subsection (b) or 
(c) taking action to seek or obtain emergency medical 
assistance and not obtained as a direct result of the action of 
seeking or obtaining emergency medical assistance. Nothing in 
this Section is intended to interfere with or prevent the 
investigation, arrest, or prosecution of any person for the 
delivery or distribution of cannabis, methamphetamine or other 
controlled substances,  drug-induced homicide, or any other 
crime. 
 
    Section 15. The Unified Code of Corrections is amended by 
changing Section 5-5-3.1 as follows:
 



    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)



    Sec. 5-5-3.1. Factors in Mitigation. 

    (a) The following
grounds shall be accorded weight in favor 
of withholding or
minimizing a sentence of imprisonment:


        (1) The defendant's criminal conduct neither caused 
    nor
threatened serious physical harm to another. 


        (2) The defendant did not contemplate that his criminal 
    conduct would
cause or threaten serious physical harm to 
    another.


        (3) The defendant acted under a strong provocation.


        (4) There were substantial grounds tending to excuse or 
    justify
the defendant's criminal conduct, though failing 
    to establish a
defense.


        (5) The defendant's criminal conduct was induced or 
    facilitated
by someone other than the defendant.


        (6) The defendant has compensated or will compensate 
    the victim
of his criminal conduct for the damage or injury 
    that he sustained.


        (7) The defendant has no history of prior delinquency 
    or
criminal activity or has led a law-abiding life for a 
    substantial
period of time before the commission of the 
    present crime.


        (8) The defendant's criminal conduct was the result of

    circumstances unlikely to recur.


        (9) The character and attitudes of the defendant 
    indicate that he is
unlikely to commit another crime.


        (10) The defendant is particularly likely to comply 
    with the terms of
a period of probation.


        (11) The imprisonment of the defendant would entail 
    excessive
hardship to his dependents.


        (12) The imprisonment of the defendant would endanger 
    his or her medical
condition.


        (13) The defendant was mentally retarded as defined in 
    Section 5-1-13 of
this Code.

        (14)  The defendant sought  or obtained emergency 
    medical assistance for an overdose and was convicted of a 
    Class 3 felony or higher possession, manufacture, or 
    delivery of a controlled, counterfeit, or look-alike 
    substance or a controlled substance analog under the 
    Illinois Controlled Substances Act or a Class 2 felony or 
    higher possession, manufacture or delivery of 
    methamphetamine under the Methamphetamine Control and 
    Community Protection Act. 
    (b) If the court, having due regard for the character of 
the
offender, the nature and circumstances of the offense and 
the
public interest finds that a sentence of imprisonment is 
the
most appropriate disposition of the offender, or where 
other
provisions of this Code mandate the imprisonment of the 
offender,
the grounds listed in paragraph (a) of this 
subsection shall be
considered as factors in mitigation of the 
term imposed.

(Source: P.A. 91-357, eff. 7-29-99.)