Full Text of HB3445 102nd General Assembly
HB3445 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3445 Introduced 2/22/2021, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: |
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Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions.
Effective August 16, 2021.
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| | A BILL FOR |
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| | | HB3445 | | LRB102 13298 KMF 18642 b |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title; references to Act. | 5 | | (a) Short title. This Act may be cited as the Opioid | 6 | | Overdose Reduction Act. | 7 | | (b) References to Act. This Act may be referred to as | 8 | | Alex's Law. | 9 | | Section 5. Person seeking medical assistance for an opioid | 10 | | overdose; immunity from prosecution. | 11 | | (a) A person who, in good faith, seeks or obtains | 12 | | emergency medical assistance for someone experiencing an | 13 | | opioid overdose shall not be charged or prosecuted for | 14 | | possession of a controlled, counterfeit, or look-alike | 15 | | substance or a controlled substance analog if (i) evidence for | 16 | | the possession charge was acquired as a result of the person | 17 | | seeking or obtaining emergency medical assistance and (ii) the | 18 | | person who seeks or obtains the medical assistance is the | 19 | | first person to seek or obtain the assistance, provides a name | 20 | | and contact information, remains on the scene until assistance | 21 | | arrives or is provided, and cooperates with the authorities. | 22 | | (b) A person who is experiencing an opioid overdose shall | 23 | | not be charged or prosecuted for possession of a controlled, |
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| 1 | | counterfeit, or look-alike substance or a controlled substance | 2 | | analog if evidence for the possession charge was acquired as a | 3 | | result of the person seeking or obtaining emergency medical | 4 | | assistance. | 5 | | (c) A person's pretrial release, probation, furlough, | 6 | | supervised release, or parole shall not be revoked based on an | 7 | | incident for which the person would be immune from prosecution | 8 | | under this Section. | 9 | | (d) Nothing in this Section shall: | 10 | | (1) be construed to bar the admissibility of any | 11 | | evidence obtained in connection with the investigation and | 12 | | prosecution of other crimes or violations committed by a | 13 | | person who otherwise qualifies for limited immunity under | 14 | | this Section; | 15 | | (2) preclude prosecution of a person on the basis of | 16 | | evidence obtained from an independent source; | 17 | | (3) be construed to limit, modify, or remove any | 18 | | immunity from liability currently available to public | 19 | | entities, public employees by law, or prosecutors; or | 20 | | (4) prevent probation officers from conducting drug | 21 | | testing of persons on pretrial release, probation, | 22 | | furlough, supervised release, or parole.
| 23 | | Section 99. Effective date. This Act takes effect August | 24 | | 16, 2021. |
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