Full Text of HB4479 103rd General Assembly
HB4479 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4479 Introduced 1/17/2024, by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Controlled Substances Act. Provides that a person who reasonably believes that another person is experiencing an overdose and knowingly fails to seek emergency medical assistance for that person is guilty of a Class 4 felony unless the person experiencing the overdose dies as a result of failing to obtain the emergency medical assistance, in which case the penalty for violating this provision is a Class 1 felony.
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| | A BILL FOR |
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| | | HB4479 | | LRB103 32977 RLC 62784 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 414 as follows: | 6 | | (720 ILCS 570/414) | 7 | | Sec. 414. Overdose; limited immunity. | 8 | | (a) For the purposes of this Section, "overdose" means a | 9 | | controlled substance-induced physiological event that results | 10 | | in a life-threatening emergency to the individual who | 11 | | ingested, inhaled, injected or otherwise bodily absorbed a | 12 | | controlled, counterfeit, or look-alike substance or a | 13 | | controlled substance analog. | 14 | | (b) A person who, in good faith, seeks or obtains | 15 | | emergency medical assistance for someone experiencing an | 16 | | overdose shall not be arrested, charged, or prosecuted for a | 17 | | violation of Section 401 or 402 of the Illinois Controlled | 18 | | Substances Act, Section 3.5 of the Drug Paraphernalia Control | 19 | | Act, Section 55 or 60 of the Methamphetamine Control and | 20 | | Community Protection Act, Section 9-3.3 of the Criminal Code | 21 | | of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 | 22 | | of the Criminal Code of 2012 if evidence for the violation was | 23 | | acquired as a result of the person seeking or obtaining |
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| 1 | | emergency medical assistance and providing the amount of | 2 | | substance recovered is within the amount identified in | 3 | | subsection (d) of this Section. The violations listed in this | 4 | | subsection (b) must not serve as the sole basis of a violation | 5 | | of parole, mandatory supervised release, probation, or | 6 | | conditional discharge, a person's pretrial release, or | 7 | | furlough, or any seizure of property under any State law | 8 | | authorizing civil forfeiture so long as the evidence for the | 9 | | violation was acquired as a result of the person seeking or | 10 | | obtaining emergency medical assistance in the event of an | 11 | | overdose. | 12 | | (c) A person who is experiencing an overdose shall not be | 13 | | arrested, charged, or prosecuted for a violation of Section | 14 | | 401 or 402 of the Illinois Controlled Substances Act, Section | 15 | | 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of | 16 | | the Criminal Code of 2012, or paragraph (1) of subsection (g) | 17 | | of Section 12-3.05 of the Criminal Code of 2012 if evidence for | 18 | | the violation was acquired as a result of the person seeking or | 19 | | obtaining emergency medical assistance and providing the | 20 | | amount of substance recovered is within the amount identified | 21 | | in subsection (d) of this Section. The violations listed in | 22 | | this subsection (c) must not serve as the sole basis of a | 23 | | violation of parole, mandatory supervised release, probation, | 24 | | or conditional discharge, or any seizure of property under any | 25 | | State law authorizing civil forfeiture so long as the evidence | 26 | | for the violation was acquired as a result of the person |
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| 1 | | seeking or obtaining emergency medical assistance in the event | 2 | | of an overdose. | 3 | | (d) For the purposes of subsections (b) and (c), the | 4 | | limited immunity shall only apply to a person possessing the | 5 | | following amount: | 6 | | (1) less than 3 grams of a substance containing | 7 | | heroin; | 8 | | (2) less than 3 grams of a substance containing | 9 | | cocaine; | 10 | | (3) less than 3 grams of a substance containing | 11 | | morphine; | 12 | | (4) less than 40 grams of a substance containing | 13 | | peyote; | 14 | | (5) less than 40 grams of a substance containing a | 15 | | derivative of barbituric acid or any of the salts of a | 16 | | derivative of barbituric acid; | 17 | | (6) less than 40 grams of a substance containing | 18 | | amphetamine or any salt of an optical isomer of | 19 | | amphetamine; | 20 | | (7) less than 3 grams of a substance containing | 21 | | lysergic acid diethylamide (LSD), or an analog thereof; | 22 | | (8) less than 6 grams of a substance containing | 23 | | pentazocine or any of the salts, isomers and salts of | 24 | | isomers of pentazocine, or an analog thereof; | 25 | | (9) less than 6 grams of a substance containing | 26 | | methaqualone or any of the salts, isomers and salts of |
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| 1 | | isomers of methaqualone; | 2 | | (10) less than 6 grams of a substance containing | 3 | | phencyclidine or any of the salts, isomers and salts of | 4 | | isomers of phencyclidine (PCP); | 5 | | (11) less than 6 grams of a substance containing | 6 | | ketamine or any of the salts, isomers and salts of isomers | 7 | | of ketamine; | 8 | | (12) less than 40 grams of a substance containing a | 9 | | substance classified as a narcotic drug in Schedules I or | 10 | | II, or an analog thereof, which is not otherwise included | 11 | | in this subsection. | 12 | | (e) The limited immunity described in subsections (b) and | 13 | | (c) of this Section shall not be extended if law enforcement | 14 | | has reasonable suspicion or probable cause to detain, arrest, | 15 | | or search the person described in subsection (b) or (c) of this | 16 | | Section for criminal activity and the reasonable suspicion or | 17 | | probable cause is based on information obtained prior to or | 18 | | independent of the individual described in subsection (b) or | 19 | | (c) taking action to seek or obtain emergency medical | 20 | | assistance and not obtained as a direct result of the action of | 21 | | seeking or obtaining emergency medical assistance. Nothing in | 22 | | this Section is intended to interfere with or prevent the | 23 | | investigation, arrest, or prosecution of any person for the | 24 | | delivery or distribution of cannabis, methamphetamine or other | 25 | | controlled substances, drug-induced homicide, or any other | 26 | | crime if the evidence of the violation is not acquired as a |
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| 1 | | result of the person seeking or obtaining emergency medical | 2 | | assistance in the event of an overdose.
| 3 | | (f) A person who reasonably believes that another person | 4 | | is experiencing an overdose and knowingly fails to seek | 5 | | emergency medical assistance for that person is guilty of a | 6 | | Class 4 felony unless the person experiencing the overdose | 7 | | dies as a result of failing to obtain the emergency medical | 8 | | assistance, in which case the penalty for violating this | 9 | | subsection (f) is a Class 1 felony. | 10 | | (Source: P.A. 102-4, eff. 4-27-21; 102-476, eff. 1-1-22 .)
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