HB5401 Engrossed

LRB096 18013 RLC 33385 b





  
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    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 10. The Illinois Controlled Substances Act is 
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amended  by adding Section 414 as follows:
 
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    (720 ILCS 570/414 new)
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    Sec. 414. Overdose; immunity from prosecution. A person who
  
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calls the 911 emergency number to report an overdose of a
  
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controlled, counterfeit, or look-alike substance or a
  
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controlled substance analog and the person who overdosed are
  
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immune from criminal liability for a violation of Section 401, 
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402
  or Section 404 of this Act relating to the possession or 
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delivery of a controlled, counterfeit, or look-alike substance 
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or a controlled substance analog. This immunity shall not be 
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extended if law enforcement has reasonable suspicion or 
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probable cause, prior to or independent of the emergency 911 
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call, to detain, arrest, or search the person or property of 
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the person who calls 911 or the person who overdosed that is 
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not a direct result of the 911 call. For the purposes of this 
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Section, "overdose" means a controlled substance-induced 
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physiological event that results in a life-threatening 
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emergency to the individual who ingested, inhaled, injected, or 
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otherwise bodily absorbed a controlled, counterfeit, or 
 


 






HB5401 Engrossed
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LRB096 18013 RLC 33385 b




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look-alike substance or a controlled substance analog.
 
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    Section 15. The Methamphetamine Control and Community 
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Protection Act is amended  by adding Section 115 as follows:
 
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    (720 ILCS 646/115 new)
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    Sec. 115. Overdose; immunity from prosecution. A person who
  
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calls the 911 emergency number to report an overdose of
  
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methamphetamine or a substance containing methamphetamine and
  
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the person who overdosed are immune from criminal liability for
 
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a violation of Section 55 or 60 of this Act relating to the  
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possession or delivery of methamphetamine or a substance 
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containing  methamphetamine. This immunity shall not be 
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extended if law enforcement has reasonable suspicion or 
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probable cause, prior to or independent of the emergency 911 
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call, to detain, arrest, or search the person or property of 
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the person who calls 911 or the person who overdosed that is 
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not a direct result of the emergency 911 call. For the purposes 
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of this Section, "overdose" means a methamphetamine-induced 
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physiological event that results in a life-threatening 
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emergency to the individual who ingested, inhaled, injected, or 
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otherwise bodily absorbed methamphetamine.