96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5401


 
Introduced 2/5/2010, by Rep. Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 		





 







720 ILCS 550/16.3 new






720 ILCS 570/414 new






720 ILCS 646/115 new











     Amends the Cannabis Control Act,  the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act.  Provides that a person who
  calls the 911 emergency number to report an overdose of cannabis, a
  controlled, counterfeit, look-alike substance, a
  controlled substance analog, or methamphetamine and the person who overdosed are
  immune from criminal liability for a violation relating to the possession or delivery of cannabis, a controlled, counterfeit, look-alike substance, a controlled substance analog, or methamphetamine. Provides that this immunity shall not be extended if law enforcement has reasonable suspicion or probable cause, prior to or independent of the emergency 911 call, to detain, arrest, or search the person or property of the person who calls 911 or the person who overdosed that is not a direct result of the 911 call.
  















LRB096 18013 RLC 33385 b

















 


 


A BILL FOR









 




  






HB5401

LRB096 18013 RLC 33385 b





  
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    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Cannabis Control Act is amended  by adding 
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Section 16.3 as follows:
 
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    (720 ILCS 550/16.3 new)
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    Sec. 16.3. Overdose; immunity from prosecution. A person
  
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who calls the 911 emergency number to report an overdose of
  
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cannabis and the person who overdosed are immune from criminal
  
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liability for a violation of Section 4 or 5 of this Act 
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relating to
  the possession or delivery of cannabis. This 
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immunity shall not be   extended if law enforcement has 
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reasonable suspicion or probable cause, prior to or independent 
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of the emergency 911 call, to detain, arrest, or search the 
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person or property of the person who calls 911 or the person 
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who overdosed that is not a direct result of the emergency 911 
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call.
 
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    Section 10. The Illinois Controlled Substances Act is 
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amended  by adding Section 414 as follows:
 
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    (720 ILCS 570/414 new)
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    Sec. 414. Overdose; immunity from prosecution. A person who
  
 


 






HB5401
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LRB096 18013 RLC 33385 b




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calls the 911 emergency number to report an overdose of a
  
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controlled, counterfeit, or look-alike substance or a
  
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controlled substance analog and the person who overdosed are
  
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immune from criminal liability for a violation of Section 401, 
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402
  or Section 404 of this Act relating to the possession or 
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delivery of a controlled, counterfeit, or look-alike substance 
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or a controlled substance analog. This immunity shall not be 
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extended if law enforcement has reasonable suspicion or 
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probable cause, prior to or independent of the emergency 911 
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call, to detain, arrest, or search the person or property of 
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the person who calls 911 or the person who overdosed that is 
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not a direct result of the 911 call.
 
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    Section 15. The Methamphetamine Control and Community 
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Protection Act is amended  by adding Section 115 as follows:
 
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    (720 ILCS 646/115 new)
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    Sec. 115. Overdose; immunity from prosecution. A person who
  
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calls the 911 emergency number to report an overdose of
  
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methamphetamine or a substance containing methamphetamine and
  
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the person who overdosed are immune from criminal liability for
 
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a violation of Section 55 or 60 of this Act relating to the  
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possession or delivery of methamphetamine or a substance 
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containing  methamphetamine. This immunity shall not be 
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extended if law enforcement has reasonable suspicion or 
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probable cause, prior to or independent of the emergency 911 
 


 






HB5401
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LRB096 18013 RLC 33385 b




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call, to detain, arrest, or search the person or property of 
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the person who calls 911 or the person who overdosed that is 
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not a direct result of the emergency 911 call.