Bill Text: IL HB5650 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that the limited immunity for a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose or for a person who is experiencing an overdose 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 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5650 Detail]

Download: Illinois-2017-HB5650-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5650 Introduced , by Rep. Sheri Jesiel - Christine Winger SYNOPSIS AS INTRODUCED:
720 ILCS 570/414
Amends the Illinois Controlled Substances Act. Provides that the limited immunity for a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose or for a person who is experiencing an overdose 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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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 if evidence for the Class 4 felony
possession charge 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.
(c) A person who is experiencing an overdose shall not be

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charged or prosecuted for Class 4 felony possession of a
controlled, counterfeit, or look-alike substance or a
controlled substance analog if evidence for the Class 4 felony
possession charge 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;
(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

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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
probable cause is based on information obtained prior to or
independent of the individual described in subsection (b) or
(c) seeking or obtaining 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

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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.)