Public Act 102-0476
 
HB3445 EnrolledLRB102 13298 KMF 18642 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. Short title; references to Act.
    (a) Short title. This Act may be cited as the Opioid 
Overdose Reduction Act.
    (b) References to Act. This Act may be referred to as 
Alex's Law.
 
    Section 5. The Illinois Controlled Substances Act is 
amended  by changing Section 414 as follows:
 
    (720 ILCS 570/414)
    Sec. 414. Overdose;  limited immunity.
    (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 arrested, charged, or prosecuted for a 
violation of Section 401 or 402 of the Illinois Controlled 
Substances Act, Section 3.5 of the Drug Paraphernalia Control 
Act, Section 55 or 60 of the Methamphetamine Control and 
Community Protection Act, Section 9-3.3 of the Criminal Code 
of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 
of the Criminal Code of 2012 if evidence for the violation 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. The violations listed in this 
subsection (b) must not serve as the sole basis of a violation 
of parole, mandatory supervised release, probation, or 
conditional discharge, a person's pretrial release, or 
furlough, or any seizure of property under any State law 
authorizing civil forfeiture so long as the evidence for the 
violation was acquired as a result of the person seeking or 
obtaining emergency medical assistance in the event of an 
overdose. 
    (c) A person who is experiencing an overdose shall not be 
arrested, charged, or prosecuted for a violation of Section 
401 or 402 of the Illinois Controlled Substances Act, Section 
3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of 
the Criminal Code of 2012, or paragraph (1) of subsection (g) 
of Section 12-3.05 of the Criminal Code of 2012 if evidence for 
the violation 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. The violations listed in 
this subsection (c) must not serve as the sole basis of a 
violation of parole, mandatory supervised release, probation, 
or conditional discharge, or any seizure of property under any 
State law authorizing civil forfeiture so long as the evidence 
for the violation was acquired as a result of the person 
seeking or obtaining emergency medical assistance in the event 
of an overdose.
    (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 
    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) 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 if the evidence of the violation is not acquired as a 
result of the person seeking or obtaining emergency medical 
assistance in the event of an overdose.

(Source: P.A. 102-4, eff. 4-27-21.)

 
    Section 99. Effective date. This Act takes effect January 
1, 2022.