SB2509 97TH GENERAL ASSEMBLY

LRB097 14053 RLC 58694 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2509

Introduced 10/24/2011, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

720 ILCS 570/508

from Ch. 56 1/2, par. 1508

Amends the Illinois Controlled Substances Act. Provides that a treatment program involving the administration of Methadone may not be located within 1,000 feet of a school building or real property comprising any school that persons under 18 years of age attend. Provides that a home rule unit may not regulate Methadone clinics in a manner that is less restrictive than the manner provided in this provision. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

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 changing Section 508 as follows:

(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)

Sec. 508. (a) The Department shall encourage research on controlled substances. In connection with the research, and in furtherance of the purposes of this Act, the Department may:

(1) establish methods to assess accurately the effect of controlled substances and identify and characterize those with potential for abuse;

(2) make studies and undertake programs of research to:

(i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Act;

(ii) determine patterns of use, misuse, and abuse of controlled substances and their social effects; and

(iii) improve methods for preventing, predicting, understanding, and dealing with the use, misuse and abuse of controlled substances; and

(3) enter into contracts with public agencies, educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use, misuse and abuse of controlled substances.

(b) Persons authorized to engage in research may be authorized by the Department to protect the privacy of individuals who are the subjects of such research by withholding from all persons not connected with the conduct of the research the names and other identifying characteristics of such individuals. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was granted, except to the extent necessary to permit the Department to determine whether the research is being conducted in accordance with the authorization.

(c) The Department may authorize the possession and dispensing of controlled substances by persons engaged in research, upon such terms and conditions as may be consistent with the public health and safety. The Department may also approve research and treatment programs involving the administration of Methadone. The use of Methadone, or any similar controlled substance by any person is prohibited in this State except as approved and authorized by the Department in accordance with its rules and regulations. To the extent of the applicable authorization, persons are exempt from prosecution in this State for possession, manufacture or delivery of controlled substances.

(c-5) A treatment program involving the administration of Methadone under this Section may not be located within 1,000 feet of a school building or real property comprising any school that persons under 18 years of age attend. For purposes of this subsection (c-5), "school" means a public or private pre-school, elementary, or secondary school. A home rule unit may not regulate Methadone clinics in a manner that is less restrictive than the manner provided in this subsection (c-5). This subsection (c-5) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(d) Practitioners registered under Federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing evidence of that Federal registration and notification of the scope and purpose of such research to the Department.

(Source: P.A. 96-328, eff. 8-11-09.)

Section 99. Effective date. This Act takes effect upon becoming law.