Full Text of HB0017 102nd General Assembly
HB0017sam003 102ND GENERAL ASSEMBLY | Sen. Laura Ellman Filed: 3/29/2022
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| 1 | | AMENDMENT TO HOUSE BILL 17
| 2 | | AMENDMENT NO. ______. Amend House Bill 17, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Controlled Substances Act is | 6 | | amended by changing Sections 401, 414, and 415 as follows:
| 7 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| 8 | | Sec. 401. Manufacture or delivery, or possession with | 9 | | intent to
manufacture or deliver, a controlled substance, a | 10 | | counterfeit substance, or controlled substance analog. Except | 11 | | as authorized by this Act, it is unlawful for any
person | 12 | | knowingly to manufacture or deliver, or possess with intent to
| 13 | | manufacture or deliver, a controlled substance other than | 14 | | methamphetamine and other than bath salts as defined in the | 15 | | Bath Salts Prohibition Act sold or offered for sale in a retail | 16 | | mercantile establishment as defined in Section 16-0.1 of the |
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| 1 | | Criminal Code of 2012, a counterfeit substance, or a | 2 | | controlled
substance analog. A violation of this Act with | 3 | | respect to each of the controlled
substances listed herein | 4 | | constitutes a single and separate violation of this
Act. For | 5 | | purposes of this Section, "controlled substance analog" or | 6 | | "analog"
means a substance, other than a controlled substance, | 7 | | which is not approved by the United States Food and Drug | 8 | | Administration or, if approved, is not dispensed or possessed | 9 | | in accordance with State or federal law, and that has a | 10 | | chemical structure substantially similar to that of a | 11 | | controlled
substance in Schedule I or II, or that was | 12 | | specifically designed to produce
an effect substantially | 13 | | similar to that of a controlled substance in Schedule
I or II. | 14 | | Examples of chemical classes in which controlled substance | 15 | | analogs
are found include, but are not limited to, the | 16 | | following: phenethylamines,
N-substituted piperidines, | 17 | | morphinans, ecgonines, quinazolinones, substituted
indoles, | 18 | | and arylcycloalkylamines. For purposes of this Act, a | 19 | | controlled
substance analog shall be treated in the same | 20 | | manner as the controlled
substance to which it is | 21 | | substantially similar.
| 22 | | (a) Any person who violates this Section with respect to | 23 | | the following
amounts of controlled or counterfeit substances | 24 | | or controlled substance
analogs, notwithstanding any of the | 25 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 26 | | contrary, is guilty of a Class X felony
and shall be sentenced |
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| 1 | | to a term of imprisonment as provided in this subsection
(a) | 2 | | and fined as provided in subsection (b):
| 3 | | (1)(A) not less than 6 years and not more than 30 years | 4 | | with respect
to 15 grams or more but less than 100 grams of | 5 | | a substance containing
heroin, or an analog thereof;
| 6 | | (B) not less than 9 years and not more than 40 years | 7 | | with respect to 100
grams or more but less than 400 grams | 8 | | of a substance containing heroin, or
an analog thereof;
| 9 | | (C) not less than 12 years and not more than 50 years | 10 | | with respect to
400 grams or more but less than 900 grams | 11 | | of a substance containing heroin,
or an analog thereof;
| 12 | | (D) not less than 15 years and not more than 60 years | 13 | | with respect to
900 grams or more of any substance | 14 | | containing heroin, or an analog thereof;
| 15 | | (1.5)(A) not less than 6 years and not more than 30 | 16 | | years with respect to 15 grams or more but less than 100 | 17 | | grams of a substance containing fentanyl, or an analog | 18 | | thereof; | 19 | | (B) not less than 9 years and not more than 40 years | 20 | | with respect to 100 grams or more but less than 400 grams | 21 | | of a substance containing fentanyl, or an analog thereof; | 22 | | (C) not less than 12 years and not more than 50 years | 23 | | with respect to 400 grams or more but less than 900 grams | 24 | | of a substance containing fentanyl, or an analog thereof; | 25 | | (D) not less than 15 years and not more than 60 years | 26 | | with respect to 900 grams or more of a substance |
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| 1 | | containing fentanyl, or an analog thereof; | 2 | | (2)(A) not less than 6 years and not more than 30 years | 3 | | with respect
to 15 grams or more but less than 100 grams of | 4 | | a substance containing
cocaine, or an analog thereof;
| 5 | | (B) not less than 9 years and not more than 40 years | 6 | | with respect to 100
grams or more but less than 400 grams | 7 | | of a substance containing cocaine, or
an analog thereof;
| 8 | | (C) not less than 12 years and not more than 50 years | 9 | | with respect to
400 grams or more but less than 900 grams | 10 | | of a substance containing cocaine,
or an analog thereof;
| 11 | | (D) not less than 15 years and not more than 60 years | 12 | | with respect to
900 grams or more of any substance | 13 | | containing cocaine, or an analog thereof;
| 14 | | (3)(A) not less than 6 years and not more than 30 years | 15 | | with respect
to 15 grams or more but less than 100 grams of | 16 | | a substance containing
morphine, or an analog thereof;
| 17 | | (B) not less than 9 years and not more than 40 years | 18 | | with respect to
100 grams or more but less than 400 grams | 19 | | of a substance containing morphine,
or an analog thereof;
| 20 | | (C) not less than 12 years and not more than 50 years | 21 | | with respect to
400 grams or more but less than 900 grams | 22 | | of a substance containing
morphine, or an analog thereof;
| 23 | | (D) not less than 15 years and not more than 60 years | 24 | | with respect to
900 grams or more of a substance | 25 | | containing morphine, or an analog thereof;
| 26 | | (4) 200 grams or more of any substance containing |
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| 1 | | peyote, or an
analog thereof;
| 2 | | (5) 200 grams or more of any substance containing a | 3 | | derivative of
barbituric acid or any of the salts of a | 4 | | derivative of barbituric acid, or
an analog thereof;
| 5 | | (6) 200 grams or more of any substance containing | 6 | | amphetamine
or any salt of an optical isomer of | 7 | | amphetamine,
or an analog thereof;
| 8 | | (6.5) (blank);
| 9 | | (6.6) (blank);
| 10 | | (7)(A) not less than 6 years and not more than 30 years | 11 | | with respect
to: (i) 15 grams or more but less than 100 | 12 | | grams of a substance containing
lysergic acid diethylamide | 13 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or | 14 | | 15 or more segregated parts of an object or objects but
| 15 | | less than 200 objects or 200 segregated parts of an object | 16 | | or objects
containing in them or having upon them any | 17 | | amounts of any substance
containing lysergic acid | 18 | | diethylamide (LSD), or an analog thereof;
| 19 | | (B) not less than 9 years and not more than 40 years | 20 | | with respect
to: (i) 100 grams or more but less than 400 | 21 | | grams of a substance containing
lysergic acid diethylamide | 22 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or | 23 | | 200 or more segregated parts of an object or objects but | 24 | | less
than 600 objects or less than 600 segregated parts of | 25 | | an object or objects
containing in them or having upon | 26 | | them any amount of any substance
containing lysergic acid |
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| 1 | | diethylamide (LSD), or an analog thereof;
| 2 | | (C) not less than 12 years and not more than 50 years | 3 | | with respect
to: (i) 400 grams or more but less than 900 | 4 | | grams of a substance containing
lysergic acid diethylamide | 5 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or | 6 | | 600 or more segregated parts of an object or objects but | 7 | | less
than 1500 objects or 1500 segregated parts of an | 8 | | object or objects
containing in them or having upon them | 9 | | any amount of any substance
containing lysergic acid | 10 | | diethylamide (LSD), or an analog thereof;
| 11 | | (D) not less than 15 years and not more than 60 years | 12 | | with respect
to: (i) 900 grams or more of any substance | 13 | | containing lysergic acid
diethylamide (LSD), or an analog | 14 | | thereof, or (ii) 1500 or more objects or
1500 or more | 15 | | segregated parts of an object or objects containing in | 16 | | them or
having upon them any amount of a substance | 17 | | containing lysergic acid
diethylamide (LSD), or an analog | 18 | | thereof;
| 19 | | (7.5)(A) not less than 6 years and not more than 30 years | 20 | | with respect
to:
(i) 15
grams or more but less than 100 | 21 | | grams of a substance listed in paragraph (1),
(2), (2.1), | 22 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 23 | | (26) of subsection
(d) of Section 204, or an analog or | 24 | | derivative thereof, or (ii) 15 or more
pills, tablets, | 25 | | caplets, capsules, or objects but less than 200 pills, | 26 | | tablets,
caplets, capsules, or objects containing in them |
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| 1 | | or having upon them any
amounts of any substance listed in | 2 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | 3 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 4 | | 204, or
an analog or derivative thereof;
| 5 | | (B) not less than 9 years and not more than 40 years | 6 | | with respect to:
(i) 100 grams or more but less than 400 | 7 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 8 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or | 9 | | (26) of subsection (d) of Section 204, or an analog or
| 10 | | derivative thereof, or (ii) 200 or more pills, tablets, | 11 | | caplets, capsules, or
objects but less than 600 pills, | 12 | | tablets, caplets, capsules, or objects
containing in them | 13 | | or having upon them any amount of any substance listed in
| 14 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 15 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 16 | | 204, or an analog or derivative thereof;
| 17 | | (C) not less than 12 years and not more than 50 years | 18 | | with respect to:
(i) 400 grams or more but less than 900 | 19 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 20 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 21 | | (26)
of subsection (d) of Section 204, or an analog or | 22 | | derivative thereof,
or (ii) 600 or more pills, tablets, | 23 | | caplets, capsules, or objects but less than
1,500 pills, | 24 | | tablets, caplets, capsules, or objects
containing in them | 25 | | or having upon them any amount of any substance listed in
| 26 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
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| 1 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 2 | | 204, or an analog or derivative thereof;
| 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect to:
(i) 900 grams or more of any substance | 5 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), | 6 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 7 | | of
Section 204, or an analog or derivative thereof, or | 8 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, or | 9 | | objects containing in them or having upon them
any amount
| 10 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), | 11 | | (3), (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 12 | | subsection (d) of Section 204, or an analog or derivative | 13 | | thereof;
| 14 | | (8) 30 grams or more of any substance containing | 15 | | pentazocine or any of
the salts, isomers and salts of | 16 | | isomers of pentazocine, or an analog thereof;
| 17 | | (9) 30 grams or more of any substance containing | 18 | | methaqualone or any of
the salts, isomers and salts of | 19 | | isomers of methaqualone, or an analog thereof;
| 20 | | (10) 30 grams or more of any substance containing | 21 | | phencyclidine or any
of the salts, isomers and salts of | 22 | | isomers of phencyclidine (PCP),
or an analog thereof;
| 23 | | (10.5) 30 grams or more of any substance containing | 24 | | ketamine
or any of the salts, isomers and salts of isomers | 25 | | of ketamine,
or an analog thereof;
| 26 | | (10.6) 100 grams or more of any substance containing |
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| 1 | | hydrocodone, or any of the salts, isomers and salts of | 2 | | isomers of hydrocodone, or an analog thereof; | 3 | | (10.7) (blank); | 4 | | (10.8) 100 grams or more of any substance containing | 5 | | dihydrocodeine, or any of the salts, isomers and salts of | 6 | | isomers of dihydrocodeine, or an analog thereof; | 7 | | (10.9) 100 grams or more of any substance containing | 8 | | oxycodone, or any of the salts, isomers and salts of | 9 | | isomers of oxycodone, or an analog thereof; | 10 | | (11) 200 grams or more of any substance containing any | 11 | | other controlled
substance classified in Schedules I or | 12 | | II, or an analog thereof, which is
not otherwise included | 13 | | in this subsection.
| 14 | | (b) Any person sentenced with respect to violations of | 15 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 16 | | involving
100 grams or
more of the
controlled substance named | 17 | | therein, may in addition to the penalties
provided therein, be | 18 | | fined an amount not more than $500,000 or the full
street value | 19 | | of the controlled or counterfeit substance or controlled | 20 | | substance
analog, whichever is greater. The term "street | 21 | | value" shall have the
meaning ascribed in Section 110-5 of the | 22 | | Code of Criminal Procedure of
1963. Any person sentenced with | 23 | | respect to any other provision of
subsection (a), may in | 24 | | addition to the penalties provided therein, be fined
an amount | 25 | | not to exceed $500,000. | 26 | | (b-1) Excluding violations of this Act when the controlled |
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| 1 | | substance is fentanyl, any person sentenced to a term of | 2 | | imprisonment with respect to violations of Section 401, 401.1, | 3 | | 405, 405.1, 405.2, or 407, when the person knew or should have | 4 | | known that the substance containing the controlled substance | 5 | | contains any amount of fentanyl or an analog thereof , 3 years | 6 | | shall be added to the term of imprisonment imposed by the | 7 | | court, and the maximum sentence for the offense shall be | 8 | | increased by 3 years.
| 9 | | (c) Any person who violates this Section with regard to | 10 | | the
following amounts of controlled or counterfeit substances
| 11 | | or controlled substance analogs, notwithstanding any of the | 12 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 13 | | to the
contrary, is guilty of a Class 1 felony. The fine for | 14 | | violation of this
subsection (c) shall not be more than | 15 | | $250,000:
| 16 | | (1) 1 gram or more but less than 15 grams of any
| 17 | | substance containing heroin, or an analog thereof;
| 18 | | (1.5) 1 gram or more but less than 15 grams of any | 19 | | substance containing fentanyl, or an analog thereof; | 20 | | (2) 1 gram or more but less than 15
grams of any | 21 | | substance containing cocaine, or an analog thereof;
| 22 | | (3) 10 grams or more but less than 15 grams of any | 23 | | substance
containing morphine, or an analog thereof;
| 24 | | (4) 50 grams or more but less than 200 grams of any | 25 | | substance
containing peyote, or an analog thereof;
| 26 | | (5) 50 grams or more but less than 200 grams of any |
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| 1 | | substance
containing a derivative of barbituric acid or | 2 | | any of the salts of a
derivative of barbituric acid, or an | 3 | | analog thereof;
| 4 | | (6) 50 grams or more but less than 200 grams of any | 5 | | substance
containing amphetamine or any salt of an optical | 6 | | isomer
of amphetamine, or an analog thereof;
| 7 | | (6.5) (blank);
| 8 | | (7)(i) 5 grams or more but less than 15 grams of any | 9 | | substance
containing lysergic acid diethylamide (LSD), or | 10 | | an analog thereof,
or (ii)
more than 10 objects or more | 11 | | than 10 segregated parts of an object or objects
but less | 12 | | than 15 objects or less than 15 segregated parts of an | 13 | | object
containing in them or having upon them any amount | 14 | | of any substance
containing lysergic acid diethylamide | 15 | | (LSD), or an analog thereof;
| 16 | | (7.5)(i) 5 grams or more but less than 15 grams of any | 17 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | 18 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | 19 | | subsection (d) of Section 204, or an analog or derivative | 20 | | thereof, or
(ii) more than 10 pills, tablets, caplets, | 21 | | capsules, or objects but less than
15 pills, tablets, | 22 | | caplets, capsules, or objects containing in them or having
| 23 | | upon them any amount of any substance listed in paragraph | 24 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | 25 | | (21), (25), or (26) of subsection (d) of
Section 204, or an | 26 | | analog or derivative thereof;
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| 1 | | (8) 10 grams or more but less than 30 grams of any | 2 | | substance
containing pentazocine or any of the salts, | 3 | | isomers and salts of isomers of
pentazocine, or an analog | 4 | | thereof;
| 5 | | (9) 10 grams or more but less than 30 grams of any | 6 | | substance
containing methaqualone or any of the salts, | 7 | | isomers and salts of isomers
of methaqualone, or an analog | 8 | | thereof;
| 9 | | (10) 10 grams or more but less than 30 grams of any | 10 | | substance
containing phencyclidine or any of the salts, | 11 | | isomers and salts of isomers
of phencyclidine (PCP), or an | 12 | | analog thereof;
| 13 | | (10.5) 10 grams or more but less than 30 grams of any | 14 | | substance
containing ketamine or any of the salts, isomers | 15 | | and salts of
isomers of ketamine, or an analog thereof;
| 16 | | (10.6) 50 grams or more but less than 100 grams of any | 17 | | substance containing hydrocodone, or any of the salts, | 18 | | isomers and salts of isomers of hydrocodone, or an analog | 19 | | thereof; | 20 | | (10.7) (blank); | 21 | | (10.8) 50 grams or more but less than 100 grams of any | 22 | | substance containing dihydrocodeine, or any of the salts, | 23 | | isomers and salts of isomers of dihydrocodeine, or an | 24 | | analog thereof; | 25 | | (10.9) 50 grams or more but less than 100 grams of any | 26 | | substance containing oxycodone, or any of the salts, |
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| 1 | | isomers and salts of isomers of oxycodone, or an analog | 2 | | thereof; | 3 | | (11) 50 grams or more but less than 200 grams of any | 4 | | substance
containing a substance classified in Schedules I | 5 | | or II, or an analog
thereof, which is not otherwise | 6 | | included in this subsection.
| 7 | | (c-5) (Blank).
| 8 | | (d) Any person who violates this Section with regard to | 9 | | any other
amount of a controlled or counterfeit substance | 10 | | containing dihydrocodeine or classified in
Schedules I or II, | 11 | | or an analog thereof, which is (i) a narcotic
drug, (ii) | 12 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) | 13 | | any
substance containing amphetamine or fentanyl or any salt | 14 | | or optical
isomer of amphetamine or fentanyl, or an analog | 15 | | thereof, or (iv) any
substance containing N-Benzylpiperazine | 16 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine | 17 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The | 18 | | fine for violation of this subsection (d) shall
not be more | 19 | | than $200,000.
| 20 | | (d-5) (Blank).
| 21 | | (e) Any person who violates this Section with regard to | 22 | | any other
amount of a controlled substance other than | 23 | | methamphetamine or counterfeit substance classified in
| 24 | | Schedule I or II, or an analog thereof, which substance is not
| 25 | | included under subsection (d) of this Section, is
guilty of a | 26 | | Class 3 felony. The fine for violation of this subsection (e)
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| 1 | | shall not be more than $150,000.
| 2 | | (f) Any person who violates this Section with regard to | 3 | | any other
amount of a controlled or counterfeit substance | 4 | | classified in
Schedule III is guilty of a Class 3 felony. The | 5 | | fine for violation of
this subsection (f) shall not be more | 6 | | than $125,000.
| 7 | | (g) Any person who violates this Section with regard to | 8 | | any other
amount of a controlled or counterfeit substance | 9 | | classified
in Schedule IV is guilty of a Class 3 felony. The | 10 | | fine for violation of
this subsection (g) shall not be more | 11 | | than $100,000.
| 12 | | (h) Any person who violates this Section with regard to | 13 | | any other
amount of a controlled or counterfeit substance | 14 | | classified in
Schedule V is guilty of a Class 3 felony. The | 15 | | fine for violation of this
subsection (h) shall not be more | 16 | | than $75,000.
| 17 | | (i) This Section does not apply to the manufacture, | 18 | | possession or
distribution of a substance in conformance with | 19 | | the provisions of an approved
new drug application or an | 20 | | exemption for investigational use within the
meaning of | 21 | | Section 505 of the Federal Food, Drug and Cosmetic Act.
| 22 | | (j) (Blank).
| 23 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | 24 | | 100-368, eff. 1-1-18 .)
| 25 | | (720 ILCS 570/414) |
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| 1 | | Sec. 414. Overdose; limited immunity. | 2 | | (a) For the purposes of this Section, "overdose" means a | 3 | | controlled substance-induced physiological event that results | 4 | | in a life-threatening emergency to the individual who | 5 | | ingested, inhaled, injected or otherwise bodily absorbed a | 6 | | controlled, counterfeit, or look-alike substance or a | 7 | | controlled substance analog. | 8 | | (b) A person who, in good faith, seeks or obtains | 9 | | emergency medical assistance for someone experiencing an | 10 | | overdose shall not be arrested, charged, or prosecuted for a | 11 | | violation of Section 401 or 402 of the Illinois Controlled | 12 | | Substances Act, Section 3.5 of the Drug Paraphernalia Control | 13 | | Act, Section 55 or 60 of the Methamphetamine Control and | 14 | | Community Protection Act, Section 9-3.3 of the Criminal Code | 15 | | of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 | 16 | | of the Criminal Code of 2012 if evidence for the violation was | 17 | | acquired as a result of the person seeking or obtaining | 18 | | emergency medical assistance and providing the amount of | 19 | | substance recovered is within the amount identified in | 20 | | subsection (d) of this Section. The violations listed in this | 21 | | subsection (b) must not serve as the sole basis of a violation | 22 | | of parole, mandatory supervised release, probation, or | 23 | | conditional discharge, a person's pretrial release, or | 24 | | furlough, or any seizure of property under any State law | 25 | | authorizing civil forfeiture so long as the evidence for the | 26 | | violation was acquired as a result of the person seeking or |
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| 1 | | obtaining emergency medical assistance in the event of an | 2 | | overdose. | 3 | | (c) A person who is experiencing an overdose shall not be | 4 | | arrested, charged, or prosecuted for a violation of Section | 5 | | 401 or 402 of the Illinois Controlled Substances Act, Section | 6 | | 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of | 7 | | the Criminal Code of 2012, or paragraph (1) of subsection (g) | 8 | | of Section 12-3.05 of the Criminal Code of 2012 if evidence for | 9 | | the violation was acquired as a result of the person seeking or | 10 | | obtaining emergency medical assistance and providing the | 11 | | amount of substance recovered is within the amount identified | 12 | | in subsection (d) of this Section. The violations listed in | 13 | | this subsection (c) must not serve as the sole basis of a | 14 | | violation of parole, mandatory supervised release, probation, | 15 | | or conditional discharge, or any seizure of property under any | 16 | | State law authorizing civil forfeiture so long as the evidence | 17 | | for the violation was acquired as a result of the person | 18 | | seeking or obtaining emergency medical assistance in the event | 19 | | of an overdose. | 20 | | (d) For the purposes of subsections (b) and (c), the | 21 | | limited immunity shall only apply to a person possessing the | 22 | | following amount: | 23 | | (1) less than 3 grams of a substance containing | 24 | | heroin; | 25 | | (2) less than 3 grams of a substance containing | 26 | | cocaine; |
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| 1 | | (3) less than 3 grams of a substance containing | 2 | | morphine; | 3 | | (4) less than 40 grams of a substance containing | 4 | | peyote; | 5 | | (5) less than 40 grams of a substance containing a | 6 | | derivative of barbituric acid or any of the salts of a | 7 | | derivative of barbituric acid; | 8 | | (6) less than 40 grams of a substance containing | 9 | | amphetamine or any salt of an optical isomer of | 10 | | amphetamine; | 11 | | (7) less than 3 grams of a substance containing | 12 | | lysergic acid diethylamide (LSD), or an analog thereof; | 13 | | (8) less than 6 grams of a substance containing | 14 | | pentazocine or any of the salts, isomers and salts of | 15 | | isomers of pentazocine, or an analog thereof; | 16 | | (9) less than 6 grams of a substance containing | 17 | | methaqualone or any of the salts, isomers and salts of | 18 | | isomers of methaqualone; | 19 | | (10) less than 6 grams of a substance containing | 20 | | phencyclidine or any of the salts, isomers and salts of | 21 | | isomers of phencyclidine (PCP); | 22 | | (11) less than 6 grams of a substance containing | 23 | | ketamine or any of the salts, isomers and salts of isomers | 24 | | of ketamine; | 25 | | (11.5) less than 3 grams of a substance containing | 26 | | fentanyl, or an analog thereof; |
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| 1 | | (12) less than 40 grams of a substance containing a | 2 | | substance classified as a narcotic drug in Schedules I or | 3 | | II, or an analog thereof, which is not otherwise included | 4 | | in this subsection. | 5 | | (e) The limited immunity described in subsections (b) and | 6 | | (c) of this Section shall not be extended if law enforcement | 7 | | has reasonable suspicion or probable cause to detain, arrest, | 8 | | or search the person described in subsection (b) or (c) of this | 9 | | Section for criminal activity and the reasonable suspicion or | 10 | | probable cause is based on information obtained prior to or | 11 | | independent of the individual described in subsection (b) or | 12 | | (c) taking action to seek or obtain emergency medical | 13 | | assistance and not obtained as a direct result of the action of | 14 | | seeking or obtaining emergency medical assistance. Nothing in | 15 | | this Section is intended to interfere with or prevent the | 16 | | investigation, arrest, or prosecution of any person for the | 17 | | delivery or distribution of cannabis, methamphetamine or other | 18 | | controlled substances, drug-induced homicide, or any other | 19 | | crime if the evidence of the violation is not acquired as a | 20 | | result of the person seeking or obtaining emergency medical | 21 | | assistance in the event of an overdose.
| 22 | | (Source: P.A. 102-4, eff. 4-27-21; 102-476, eff. 1-1-22 .) | 23 | | (720 ILCS 570/415) | 24 | | Sec. 415. Use, possession, and consumption of a controlled | 25 | | substance related to sexual assault; limited immunity from |
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| 1 | | prosecution. | 2 | | (a) In this Section: | 3 | | "Medical forensic services" has the meaning defined in | 4 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 5 | | Act. | 6 | | "Sexual assault" means an act of sexual conduct or sexual | 7 | | penetration, defined in Section 11-0.1 of the Criminal Code of | 8 | | 2012, including, without limitation, acts prohibited under | 9 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. | 10 | | (b) A person who is a victim of a sexual assault shall not | 11 | | be charged or prosecuted for Class 4 felony possession of a | 12 | | controlled, counterfeit, or look-alike substance or a | 13 | | controlled substance analog: | 14 | | (1) if evidence for the Class 4 felony possession | 15 | | charge was acquired as a result of the person reporting | 16 | | the sexual assault to law enforcement, or seeking or | 17 | | obtaining emergency medical assistance or medical forensic | 18 | | services; and | 19 | | (2) provided the amount of substance recovered is | 20 | | within the amount identified in subsection (d) of this | 21 | | Section. | 22 | | (c) A person who, in good faith, reports to law | 23 | | enforcement the commission of a sexual assault against another | 24 | | person or seeks or obtains emergency medical assistance or | 25 | | medical forensic services for a victim of sexual assault shall | 26 | | not be charged or prosecuted for Class 4 felony possession of a |
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| 1 | | controlled, counterfeit, or look-alike substance or a | 2 | | controlled substance analog: | 3 | | (1) if evidence for the Class 4 felony possession | 4 | | charge was acquired as a result of the person seeking or | 5 | | obtaining emergency medical assistance or medical forensic | 6 | | services; and | 7 | | (2) provided the amount of substance recovered is | 8 | | within the amount identified in subsection (d) of this | 9 | | Section. | 10 | | (d) For the purposes of subsections (b) and (c) of this | 11 | | Section, the limited immunity shall only apply to a person | 12 | | possessing the following amount: | 13 | | (1) less than 3 grams of a substance containing | 14 | | heroin; | 15 | | (2) less than 3 grams of a substance containing | 16 | | cocaine; | 17 | | (3) less than 3 grams of a substance containing | 18 | | morphine; | 19 | | (4) less than 40 grams of a substance containing | 20 | | peyote; | 21 | | (5) less than 40 grams of a substance containing a | 22 | | derivative of barbituric acid or any of the salts of a | 23 | | derivative of barbituric acid; | 24 | | (6) less than 40 grams of a substance containing | 25 | | amphetamine or any salt of an optical isomer of | 26 | | amphetamine; |
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| 1 | | (7) less than 3 grams of a substance containing | 2 | | lysergic acid diethylamide (LSD), or an analog thereof; | 3 | | (8) less than 6 grams of a substance containing | 4 | | pentazocine or any of the salts, isomers and salts of | 5 | | isomers of pentazocine, or an analog thereof; | 6 | | (9) less than 6 grams of a substance containing | 7 | | methaqualone or any of the salts, isomers and salts of | 8 | | isomers of methaqualone; | 9 | | (10) less than 6 grams of a substance containing | 10 | | phencyclidine or any of the salts, isomers and salts of | 11 | | isomers of phencyclidine (PCP); | 12 | | (11) less than 6 grams of a substance containing | 13 | | ketamine or any of the salts, isomers and salts of isomers | 14 | | of ketamine; or | 15 | | (11.5) less than 3 grams of a substance containing | 16 | | fentanyl, or an analog thereof; or | 17 | | (12) less than 40 grams of a substance containing a | 18 | | substance classified as a narcotic drug in Schedules I or | 19 | | II, or an analog thereof, which is not otherwise included | 20 | | in this subsection (d). | 21 | | (e) The limited immunity described in subsections (b) and | 22 | | (c) of this Section shall not be extended if law enforcement | 23 | | has reasonable suspicion or probable cause to detain, arrest, | 24 | | or search the person described in subsection (b) or (c) of this | 25 | | Section for criminal activity and the reasonable suspicion or | 26 | | probable cause is based on information obtained prior to or |
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| 1 | | independent of the person described in subsection (b) or (c) | 2 | | of this Section taking action to report a sexual assault to law | 3 | | enforcement or to seek or obtain emergency medical assistance | 4 | | or medical forensic services and not obtained as a direct | 5 | | result of the action of seeking or obtaining emergency medical | 6 | | assistance or medical forensic services. Nothing in this | 7 | | 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 | 10 | | other controlled substances, drug-induced homicide, or any | 11 | | other crime.
| 12 | | (Source: P.A. 100-1087, eff. 1-1-19 .)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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