Bill Text: IL HB5402 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5402 Detail]

Download: Illinois-2019-HB5402-Introduced.html

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

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

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(6) less than 40 grams of a substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(7) less than 3 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(8) less than 6 grams of a substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) less than 6 grams of a substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) less than 6 grams of a substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(11) less than 6 grams of a substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine;
(12) less than 40 grams of a substance containing a
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(e) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or

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