Bill Text: IL HB0239 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Controlled Substances Act. Provides that the limited immunity for a person who seeks or obtains emergency medical assistance for someone experiencing an overdose or for a person who is experiencing an overdose in a reasonably prudent manner (rather than in good faith) shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search that person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual seeking or obtaining emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance (rather than taking action to seek or obtain emergency medical assistance).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-29 - Assigned to Judiciary - Criminal Committee [HB0239 Detail]

Download: Illinois-2019-HB0239-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0239

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
720 ILCS 570/414

Amends the Illinois Controlled Substances Act. Provides that the limited immunity for a person who seeks or obtains emergency medical assistance for someone experiencing an overdose or for a person who is experiencing an overdose in a reasonably prudent manner (rather than in good faith) shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search that person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual seeking or obtaining emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance (rather than taking action to seek or obtain emergency medical assistance).
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A BILL FOR

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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) In 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 in a
16reasonably prudent manner shall not be charged or prosecuted
17for Class 4 felony possession of a controlled, counterfeit, or
18look-alike substance or a controlled substance analog if
19evidence for the Class 4 felony possession charge was acquired
20as a result of the person seeking or obtaining emergency
21medical assistance and providing the amount of substance
22recovered is within the amount identified in subsection (d) of
23this Section.

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

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1 (8) less than 6 grams of a substance containing
2 pentazocine or any of the salts, isomers and salts of
3 isomers of pentazocine, or an analog thereof;
4 (9) less than 6 grams of a substance containing
5 methaqualone or any of the salts, isomers and salts of
6 isomers of methaqualone;
7 (10) less than 6 grams of a substance containing
8 phencyclidine or any of the salts, isomers and salts of
9 isomers of phencyclidine (PCP);
10 (11) less than 6 grams of a substance containing
11 ketamine or any of the salts, isomers and salts of isomers
12 of ketamine;
13 (12) less than 40 grams of a substance containing a
14 substance classified as a narcotic drug in Schedules I or
15 II, or an analog thereof, which is not otherwise included
16 in this subsection.
17 (e) The limited immunity described in subsections (b) and
18(c) of this Section shall not be extended if law enforcement
19has reasonable suspicion or probable cause to detain, arrest,
20or search the person described in subsection (b) or (c) of this
21Section for criminal activity and the reasonable suspicion or
22probable cause is based on information obtained prior to or
23independent of the individual described in subsection (b) or
24(c) seeking or obtaining taking action to seek or obtain
25emergency medical assistance and not obtained as a direct
26result of the action of seeking or obtaining emergency medical

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1assistance. Nothing in this Section is intended to interfere
2with or prevent the investigation, arrest, or prosecution of
3any person for the delivery or distribution of cannabis,
4methamphetamine or other controlled substances, drug-induced
5homicide, or any other crime.
6(Source: P.A. 97-678, eff. 6-1-12.)
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