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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 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. Person seeking medical assistance for an opioid | ||||||
| 10 | overdose; immunity from prosecution. | ||||||
| 11 | (a) A person who, in good faith, seeks or obtains | ||||||
| 12 | emergency medical assistance for someone experiencing an | ||||||
| 13 | opioid overdose shall not be charged or prosecuted for | ||||||
| 14 | possession of a controlled, counterfeit, or look-alike | ||||||
| 15 | substance or a controlled substance analog if (i) evidence for | ||||||
| 16 | the possession charge was acquired as a result of the person | ||||||
| 17 | seeking or obtaining emergency medical assistance and (ii) the | ||||||
| 18 | person who seeks or obtains the medical assistance is the | ||||||
| 19 | first person to seek or obtain the assistance, provides a name | ||||||
| 20 | and contact information, remains on the scene until assistance | ||||||
| 21 | arrives or is provided, and cooperates with the authorities. | ||||||
| 22 | (b) A person who is experiencing an opioid overdose shall | ||||||
| 23 | not be charged or prosecuted for possession of a controlled, | ||||||
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| 1 | counterfeit, or look-alike substance or a controlled substance | ||||||
| 2 | analog if evidence for the possession charge was acquired as a | ||||||
| 3 | result of the person seeking or obtaining emergency medical | ||||||
| 4 | assistance. | ||||||
| 5 | (c) A person's pretrial release, probation, furlough, | ||||||
| 6 | supervised release, or parole shall not be revoked based on an | ||||||
| 7 | incident for which the person would be immune from prosecution | ||||||
| 8 | under this Section. | ||||||
| 9 | (d) Nothing in this Section shall: | ||||||
| 10 | (1) be construed to bar the admissibility of any | ||||||
| 11 | evidence obtained in connection with the investigation and | ||||||
| 12 | prosecution of other crimes or violations committed by a | ||||||
| 13 | person who otherwise qualifies for limited immunity under | ||||||
| 14 | this Section; | ||||||
| 15 | (2) preclude prosecution of a person on the basis of | ||||||
| 16 | evidence obtained from an independent source; | ||||||
| 17 | (3) be construed to limit, modify, or remove any | ||||||
| 18 | immunity from liability currently available to public | ||||||
| 19 | entities, public employees by law, or prosecutors; or | ||||||
| 20 | (4) prevent probation officers from conducting drug | ||||||
| 21 | testing of persons on pretrial release, probation, | ||||||
| 22 | furlough, supervised release, or parole.
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| 23 | Section 99. Effective date. This Act takes effect August | ||||||
| 24 | 16, 2021. | ||||||