97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1701
 
Introduced 2/9/2011, by Sen. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 570/414 new
720 ILCS 646/115 new

     Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act.  Provides that 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, a
  controlled substance analog, or Class 3 felony methamphetamine if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance.  Provides that 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, or in the case of methamphetamine Class 3 felony possession if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance.  Provides that the action of seeking or obtaining emergency medical assistance for an overdose may be used as a mitigating factor in a criminal prosecution for Class 3 felony or higher possession, manufacture or delivery of  a controlled, counterfeit, or look-alike substance or a controlled substance analog, or in the case of methamphetamine Class 2 felony or higher possession, manufacture or delivery of methamphetamine.  Effective immediately.
  


LRB097 00062 RLC 48160 b

 
 
A BILL FOR
 

  
SB1701LRB097 00062 RLC 48160 b


  
1    AN ACT concerning criminal law, which may be referred to as 
2the Emergency Medical Services Access Law.
  
 
3    WHEREAS, Drug-overdose deaths are the second leading cause 
4of accidental deaths in the nation and deaths have increased 
5significantly in recent years, in both the Chicago Metropolitan 
6Area and across Illinois; and
 
7    WHEREAS, The General Assembly finds that drug-overdose 
8deaths could be substantially decreased if immunity from 
9criminal prosecution for Class 4 felony violations of the 
10Illinois Controlled Substances Act and Class 3 felony 
11violations of the Methamphetamine Control and Community 
12Protection Act were granted to a person who, in good faith 
13seeks emergency medical assistance for someone experiencing a 
14drug-related overdose and if this immunity were granted for 
15Class 4 felony violations of the Illinois Controlled Substances 
16Act and Class 3 felony violations of the Methamphetamine 
17Control and Community Protection Act to a person who is 
18experiencing a drug-related overdose; therefore
 
19    Be it enacted by the People of the State of Illinois,
 
20represented in the General Assembly:
  
 
 
21    Section 5. The Illinois Controlled Substances Act is 
22amended  by adding Section 414 as follows:
 
 
 
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1    (720 ILCS 570/414 new)
2    Sec. 414. Overdose; immunity from prosecution. 
3    (a)  For the purposes of this Section, "overdose" means a 
4controlled substance-induced physiological event that results 
5in a life-threatening emergency to the individual who ingested, 
6inhaled, injected, or otherwise bodily absorbed a controlled, 
7counterfeit, or look-alike substance or a controlled substance 
8analog. 
9    (b) A person who, in good faith, seeks emergency medical 
10assistance for someone experiencing an overdose shall not be 
11charged or prosecuted for Class 4 felony possession of a 
12controlled, counterfeit, or look-alike substance or a
  
13controlled substance analog if evidence for the Class 4 felony 
14possession charge was acquired as a result of the person 
15seeking or obtaining emergency medical assistance. 
16    (c) A person who is experiencing an overdose shall not be 
17charged or prosecuted for Class 4 felony possession of a 
18controlled, counterfeit, or look-alike substance or a
  
19controlled substance analog if evidence for the Class 4 felony  
20possession charge was acquired as a result of the person 
21seeking or obtaining emergency medical assistance.
22    (d) The limited immunity described in subsections (b) and 
23(c) of this Section shall not be extended if law enforcement 
24has reasonable suspicion or probable cause to detain, arrest, 
25or search the person described in subsection (b) or (c) of this 
 
 
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1Section for criminal activity and the reasonable suspicion or 
2probable cause is based on information obtained prior to or 
3independent of the individual described in subsection (b) or 
4(c) taking action to seek or obtain emergency medical 
5assistance and not obtained as a direct result of the action of 
6seeking or obtaining emergency medical assistance. 
7    (e) The action of seeking or obtaining emergency medical 
8assistance for an overdose may be used as a mitigating factor 
9in a criminal prosecution for Class 3 felony or higher 
10possession, manufacture or delivery of  a controlled, 
11counterfeit, or look-alike substance or a controlled substance 
12analog under this Act. 
 
13    Section 10. The Methamphetamine Control and Community 
14Protection Act is amended  by adding Section 115 as follows:
 
15    (720 ILCS 646/115 new)
16    Sec. 115. Overdose; immunity from prosecution. 
17    (a)  For the purposes of this Section, "overdose" means a 
18methamphetamine-induced physiological event that results in a 
19life-threatening emergency to the individual who ingested, 
20inhaled, injected, or otherwise bodily absorbed 
21methamphetamine. 
22    (b) A person who, in good faith, seeks emergency medical 
23assistance for someone experiencing an overdose shall not be 
24charged or prosecuted for Class 3 felony possession of 
 
 
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1methamphetamine if evidence for the Class 3 felony possession 
2charge was acquired as a result of the person seeking or 
3obtaining emergency medical assistance. 
4    (c) A person who is experiencing an overdose shall not be 
5charged or prosecuted for Class 3 felony possession of 
6methamphetamine if evidence for the Class 3 felony possession 
7charge was acquired as a result of the person seeking or 
8obtaining emergency medical assistance.
9    (d) The limited immunity described in subsections (b) and 
10(c) of this Section shall not be extended if law enforcement 
11has reasonable suspicion or probable cause to detain, arrest, 
12or search the person described in subsection (b) or (c) of this 
13Section for criminal activity and the reasonable suspicion or 
14probable cause is based on information obtained prior to or 
15independent of the individual described in subsection (b) or 
16(c) taking action to seek or obtain emergency medical 
17assistance and not obtained as a direct result of the action of 
18seeking or obtaining emergency medical assistance.  
19    (e) The action of seeking or obtaining emergency medical 
20assistance for an overdose may be used as a mitigating factor 
21in a criminal prosecution for Class 2 felony or higher 
22possession, manufacture or delivery of methamphetamine  under 
23this Act. 
  
 
24    Section 99. Effective date. This Act takes effect upon 
25becoming law.