102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3445
 
Introduced 2/22/2021, by Rep. Janet Yang Rohr
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     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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1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Opioid 
6Overdose Reduction Act.
7    (b) References to Act. This Act may be referred to as 
8Alex's Law.
 
9    Section 5. Person seeking medical assistance for an opioid 
10overdose; immunity from prosecution.
11    (a) A person who, in good faith, seeks or obtains 
12emergency medical assistance for someone experiencing an 
13opioid overdose shall not be charged or prosecuted for 
14possession of a controlled, counterfeit, or look-alike 
15substance or a controlled substance analog if (i) evidence for 
16the possession charge was acquired as a result of the person 
17seeking or obtaining emergency medical assistance and (ii) the 
18person who seeks or obtains the medical assistance is the 
19first person to seek or obtain the assistance, provides a name 
20and contact information, remains on the scene until assistance 
21arrives or is provided, and cooperates with the authorities.
22    (b) A person who is experiencing an opioid overdose shall 
23not be charged or prosecuted for possession of a controlled, 
 
 
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1counterfeit, or look-alike substance or a controlled substance 
2analog if evidence for the possession charge was acquired as a 
3result of the person seeking or obtaining emergency medical 
4assistance.
5    (c) A person's pretrial release, probation, furlough, 
6supervised release, or parole shall not be revoked based on an 
7incident for which the person would be immune from prosecution 
8under 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 
2416, 2021.