Full Text of HB3879 101st General Assembly
HB3879ham001 101ST GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 2/18/2020
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| 1 | | AMENDMENT TO HOUSE BILL 3879
| 2 | | AMENDMENT NO. ______. Amend House Bill 3879 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended 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 | 9 | | controlled substance-induced physiological event that results | 10 | | in a life-threatening emergency to the individual who ingested, | 11 | | inhaled, injected or otherwise bodily absorbed a controlled, | 12 | | counterfeit, or look-alike substance or a controlled substance | 13 | | analog. | 14 | | (b) A person who, in good faith, seeks or obtains emergency | 15 | | medical assistance for someone experiencing an overdose shall | 16 | | not be arrested, charged , or prosecuted for a violation of |
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| 1 | | Section 401 or 402 of the Illinois Controlled Substances Act, | 2 | | Section 3.5 of the Drug Paraphernalia Control Act, Section 55 | 3 | | or 60 of the Methamphetamine Control and Community Protection | 4 | | Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph | 5 | | (1) of subsection (g) of Section 12-3.05 of the Criminal Code | 6 | | of 2012 Class 4 felony possession of a controlled, counterfeit, | 7 | | or look-alike substance or a controlled substance analog if | 8 | | evidence for the violation Class 4 felony possession charge was | 9 | | acquired as a result of the person seeking or obtaining | 10 | | emergency medical assistance and providing the amount of | 11 | | substance recovered is within the amount identified in | 12 | | subsection (d) of this Section. The violations listed in this | 13 | | subsection (b) must not serve as the sole basis of a violation | 14 | | of parole, mandatory supervised release, probation, or | 15 | | conditional discharge, a Department of Children and Family | 16 | | Services investigation, or any seizure of property under any | 17 | | State law authorizing civil forfeiture so long as the evidence | 18 | | for the violation was acquired as a result of the person | 19 | | seeking or obtaining emergency medical assistance in the event | 20 | | of an overdose. | 21 | | (c) A person who is experiencing an overdose shall not be | 22 | | arrested, charged , or prosecuted for a violation of Section 401 | 23 | | or 402 of the Illinois Controlled Substances Act, Section 3.5 | 24 | | of the Drug Paraphernalia Control Act, Section 9-3.3 of the | 25 | | Criminal Code of 2012, or paragraph (1) of subsection (g) of | 26 | | Section 12-3.05 of the Criminal Code of 2012 Class 4 felony |
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| 1 | | possession of a controlled, counterfeit, or look-alike | 2 | | substance or a controlled substance analog if evidence for the | 3 | | violation Class 4 felony possession charge was acquired as a | 4 | | result of the person seeking or obtaining emergency medical | 5 | | assistance and providing the amount of substance recovered is | 6 | | within the amount identified in subsection (d) of this Section. | 7 | | The violations listed in this subsection (c) must not serve as | 8 | | the sole basis of a violation of parole, mandatory supervised | 9 | | release, probation, or conditional discharge, a Department of | 10 | | Children and Family Services investigation, or any seizure of | 11 | | property under any State law authorizing civil forfeiture so | 12 | | long as the evidence for the violation was acquired as a result | 13 | | of the person seeking or obtaining emergency medical assistance | 14 | | in the event of an overdose. | 15 | | (d) For the purposes of subsections (b) and (c), the | 16 | | limited immunity shall only apply to a person possessing the | 17 | | following amount: | 18 | | (1) less than 3 grams of a substance containing heroin; | 19 | | (2) less than 3 grams of a substance containing | 20 | | cocaine; | 21 | | (3) less than 3 grams of a substance containing | 22 | | morphine; | 23 | | (4) less than 40 grams of a substance containing | 24 | | peyote; | 25 | | (5) less than 40 grams of a substance containing a | 26 | | derivative of barbituric acid or any of the salts of a |
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| 1 | | derivative of barbituric acid; | 2 | | (6) less than 40 grams of a substance containing | 3 | | amphetamine or any salt of an optical isomer of | 4 | | amphetamine; | 5 | | (7) less than 3 grams of a substance containing | 6 | | lysergic acid diethylamide (LSD), or an analog thereof; | 7 | | (8) less than 6 grams of a substance containing | 8 | | pentazocine or any of the salts, isomers and salts of | 9 | | isomers of pentazocine, or an analog thereof; | 10 | | (9) less than 6 grams of a substance containing | 11 | | methaqualone or any of the salts, isomers and salts of | 12 | | isomers of methaqualone; | 13 | | (10) less than 6 grams of a substance containing | 14 | | phencyclidine or any of the salts, isomers and salts of | 15 | | isomers of phencyclidine (PCP); | 16 | | (11) less than 6 grams of a substance containing | 17 | | ketamine or any of the salts, isomers and salts of isomers | 18 | | of ketamine; | 19 | | (12) less than 40 grams of a substance containing a | 20 | | substance classified as a narcotic drug in Schedules I or | 21 | | II, or an analog thereof, which is not otherwise included | 22 | | in this subsection. | 23 | | (e) The limited immunity described in subsections (b) and | 24 | | (c) of this Section shall not be extended if law enforcement | 25 | | has reasonable suspicion or probable cause to detain, arrest, | 26 | | or search the person described in subsection (b) or (c) of this |
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| 1 | | Section for criminal activity and the reasonable suspicion or | 2 | | probable cause is based on information obtained prior to or | 3 | | independent of the individual described in subsection (b) or | 4 | | (c) taking action to seek or obtain emergency medical | 5 | | assistance and not obtained as a direct result of the action of | 6 | | seeking or obtaining emergency medical assistance. Nothing in | 7 | | this Section is intended to interfere with or prevent the | 8 | | investigation, arrest, or prosecution of any person for the | 9 | | delivery or distribution of cannabis, methamphetamine or other | 10 | | controlled substances, drug-induced homicide, or any other | 11 | | crime if the evidence of the violation is not acquired as a | 12 | | result of the person seeking or obtaining emergency medical | 13 | | assistance in the event of an overdose .
| 14 | | (Source: P.A. 97-678, eff. 6-1-12 .)
| 15 | | Section 10. The Methamphetamine Control and Community | 16 | | Protection Act is amended by changing Section 115 as follows: | 17 | | (720 ILCS 646/115) | 18 | | Sec. 115. Overdose; limited immunity from prosecution . | 19 | | (a) For the purposes of this Section, "overdose" means a | 20 | | methamphetamine-induced physiological event that results in a | 21 | | life-threatening emergency to the individual who ingested, | 22 | | inhaled, injected, or otherwise bodily absorbed | 23 | | methamphetamine. | 24 | | (b) A person who, in good faith, seeks emergency medical |
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| 1 | | assistance for someone experiencing an overdose shall not be | 2 | | arrested, charged or prosecuted for a violation of Section 55 | 3 | | or 60 of this Act or Section 3.5 of the Drug Paraphernalia | 4 | | Control Act, Section 9-3.3 of the Criminal Code of 2012, or | 5 | | paragraph (1) of subsection (g) of Section 12-3.05 of the | 6 | | Criminal Code of 2012 Class 3 felony possession of | 7 | | methamphetamine if evidence for the violation Class 3 felony | 8 | | possession charge was acquired as a result of the person | 9 | | seeking or obtaining emergency medical assistance and | 10 | | providing the amount of substance recovered is less than 3 | 11 | | grams one gram of methamphetamine or a substance containing | 12 | | methamphetamine. The violations listed in this subsection (b) | 13 | | must not serve as the sole basis of a violation of parole, | 14 | | mandatory supervised release, probation, or conditional | 15 | | discharge, a Department of Children and Family Services | 16 | | investigation, or any seizure of property under any State law | 17 | | authorizing civil forfeiture so long as the evidence for the | 18 | | violation was acquired as a result of the person seeking or | 19 | | obtaining emergency medical assistance in the event of an | 20 | | overdose. | 21 | | (c) A person who is experiencing an overdose shall not be | 22 | | arrested, charged , or prosecuted for a violation of Section 55 | 23 | | or 60 of this Act or Section 3.5 of the Drug Paraphernalia | 24 | | Control Act, Section 9-3.3 of the Criminal Code of 2012, or | 25 | | paragraph (1) of subsection (g) of Section 12-3.05 of the | 26 | | Criminal Code of 2012 Class 3 felony possession of |
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| 1 | | methamphetamine if evidence for the Class 3 felony possession | 2 | | charge was acquired as a result of the person seeking or | 3 | | obtaining emergency medical assistance and providing the | 4 | | amount of substance recovered is less than one gram of | 5 | | methamphetamine or a substance containing methamphetamine. The | 6 | | violations listed in this subsection (c) must not serve as the | 7 | | sole basis of a violation of parole, mandatory supervised | 8 | | release, probation, or conditional discharge, a Department of | 9 | | Children and Family Services investigation, or any seizure of | 10 | | property under any State law authorizing civil forfeiture so | 11 | | long as the evidence for the violation was acquired as a result | 12 | | of the person seeking or obtaining emergency medical assistance | 13 | | in the event of an overdose. | 14 | | (d) The limited immunity described in subsections (b) and | 15 | | (c) of this Section shall not be extended if law enforcement | 16 | | has reasonable suspicion or probable cause to detain, arrest, | 17 | | or search the person described in subsection (b) or (c) of this | 18 | | Section for criminal activity and the reasonable suspicion or | 19 | | probable cause is based on information obtained prior to or | 20 | | independent of the individual described in subsection (b) or | 21 | | (c) taking action to seek or obtain emergency medical | 22 | | assistance and not obtained as a direct result of the action of | 23 | | seeking or obtaining emergency medical assistance. Nothing in | 24 | | this Section is intended to interfere with or prevent the | 25 | | investigation, arrest, or prosecution of any person for the | 26 | | delivery or distribution of cannabis, methamphetamine or other |
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| 1 | | controlled substances, drug-induced homicide, or any other | 2 | | crime if the evidence of the violation is not acquired as a | 3 | | result of the person seeking or obtaining emergency medical | 4 | | assistance in the event of an overdose .
| 5 | | (Source: P.A. 97-678, eff. 6-1-12 .)".
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