HB2464 94TH GENERAL ASSEMBLY

LRB094 04288 RLC 34313 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2464

Introduced 02/17/05, by Rep. Roger L. Eddy

SYNOPSIS AS INTRODUCED:

720 ILCS 570/510 new

Amends the Illinois Controlled Substances Act. Provides that if a firefighter responds to a fire and the firefighter is impeded in his or her ability to extinguish the fire by or is injured while performing his or her duties in extinguishing the fire by a person at the scene of the fire and the firefighter has reasonable suspicion to believe that the person is under the influence of a controlled substance, the firefighter shall make written documentation of the actions of the person and may inform a peace officer of his or her suspicion. Provides that the peace officer who responds to the scene of the fire based upon the firefighter's written documentation may apprehend the person and take the person to a hospital or other medical facility and order a physician licensed to practice medicine in all its branches, a registered nurse, or a phlebotomist acting under the direction of a licensed physician to withdraw blood from the person for testing for the presence of a controlled substance in the person's body and may search the premises of the person and surrounding premises suspected of being the origin of the fire for controlled substances possessed in violation of the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning controlled substances.

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 adding Section 510 as follows:

(720 ILCS 570/510 new)

Sec. 510. Suspicious fires; testing for presence of controlled substances. If a firefighter responds to a fire and the firefighter is impeded in his or her ability to extinguish the fire by or is injured while performing his or her duties in extinguishing the fire by a person at the scene of the fire and the firefighter has reasonable suspicion to believe that the person is under the influence of a controlled substance, the firefighter shall make written documentation of the actions of the person and may inform a peace officer of his or her suspicion. The peace officer who responds to the scene of the fire based upon the firefighter's written documentation may apprehend the person and take the person to a hospital or other medical facility and order a physician licensed to practice medicine in all its branches, a registered nurse, or a phlebotomist acting under the direction of a licensed physician to withdraw blood from the person for testing for the presence of a controlled substance in the person's body and may search the premises of the person and surrounding premises suspected of being the origin of the fire for controlled substances possessed in violation of this Act.