101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5402

 

Introduced , by Rep. Amy Grant - Grant Wehrli - Lindsay Parkhurst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/414

    Amends the Controlled Substances Act. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for himself or herself or for someone else experiencing an overdose shall not have his or her mandatory supervised release, parole, or probation revoked, if the evidence for revoking his or her mandatory supervised release, parole, or probation was acquired as a result of seeking or obtaining emergency medical assistance.


LRB101 16846 RLC 66245 b

 

 

A BILL FOR

 

HB5402LRB101 16846 RLC 66245 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 414 as follows:
 
6    (720 ILCS 570/414)
7    Sec. 414. Overdose; limited immunity from prosecution.
8    (a) For the purposes of this Section, "overdose" means a
9controlled substance-induced physiological event that results
10in a life-threatening emergency to the individual who ingested,
11inhaled, injected or otherwise bodily absorbed a controlled,
12counterfeit, or look-alike substance or a controlled substance
13analog.
14    (b) A person who, in good faith, seeks or obtains emergency
15medical assistance for someone experiencing an overdose shall
16not be charged or prosecuted for Class 4 felony possession of a
17controlled, counterfeit, or look-alike substance or a
18controlled substance analog, or have his or her mandatory
19supervised release, parole, or probation revoked, if evidence
20for the Class 4 felony possession charge, or for revoking his
21or her mandatory supervised release, parole, or probation, was
22acquired as a result of the person seeking or obtaining
23emergency medical assistance and providing the amount of

 

 

HB5402- 2 -LRB101 16846 RLC 66245 b

1substance recovered is within the amount identified in
2subsection (d) of this Section.
3    (c) A person who is experiencing an overdose shall not be
4charged or prosecuted for Class 4 felony possession of a
5controlled, counterfeit, or look-alike substance or a
6controlled substance analog, or have his or her mandatory
7supervised release, parole, or probation revoked, if evidence
8for the Class 4 felony possession charge, or for revoking his
9or her mandatory supervised release, parole, or probation, was
10acquired as a result of the person seeking or obtaining
11emergency medical assistance and providing the amount of
12substance recovered is within the amount identified in
13subsection (d) of this Section.
14    (d) For the purposes of subsections (b) and (c), the
15limited immunity shall only apply to a person possessing the
16following amount:
17        (1) less than 3 grams of a substance containing heroin;
18        (2) less than 3 grams of a substance containing
19    cocaine;
20        (3) less than 3 grams of a substance containing
21    morphine;
22        (4) less than 40 grams of a substance containing
23    peyote;
24        (5) less than 40 grams of a substance containing a
25    derivative of barbituric acid or any of the salts of a
26    derivative of barbituric acid;

 

 

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1        (6) less than 40 grams of a substance containing
2    amphetamine or any salt of an optical isomer of
3    amphetamine;
4        (7) less than 3 grams of a substance containing
5    lysergic acid diethylamide (LSD), or an analog thereof;
6        (8) less than 6 grams of a substance containing
7    pentazocine or any of the salts, isomers and salts of
8    isomers of pentazocine, or an analog thereof;
9        (9) less than 6 grams of a substance containing
10    methaqualone or any of the salts, isomers and salts of
11    isomers of methaqualone;
12        (10) less than 6 grams of a substance containing
13    phencyclidine or any of the salts, isomers and salts of
14    isomers of phencyclidine (PCP);
15        (11) less than 6 grams of a substance containing
16    ketamine or any of the salts, isomers and salts of isomers
17    of ketamine;
18        (12) less than 40 grams of a substance containing a
19    substance classified as a narcotic drug in Schedules I or
20    II, or an analog thereof, which is not otherwise included
21    in this subsection.
22    (e) 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
26Section for criminal activity and the reasonable suspicion or

 

 

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1probable cause is based on information obtained prior to or
2independent of the individual described in subsection (b) or
3(c) taking action to seek or obtain emergency medical
4assistance and not obtained as a direct result of the action of
5seeking or obtaining emergency medical assistance. Nothing in
6this Section is intended to interfere with or prevent the
7investigation, arrest, or prosecution of any person for the
8delivery or distribution of cannabis, methamphetamine or other
9controlled substances, drug-induced homicide, or any other
10crime.
11(Source: P.A. 97-678, eff. 6-1-12.)