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| Public Act 097-0678 |
| SB1701 Enrolled | LRB097 00062 RLC 48160 b |
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AN ACT concerning criminal law, which may be referred to as |
the Emergency Medical Services Access Law. |
WHEREAS, Drug-overdose deaths are the second leading cause |
of accidental death in the nation and deaths have increased |
significantly in recent years, in both the Chicago Metropolitan |
Area and across Illinois; and |
WHEREAS, The General Assembly finds that drug-overdose |
deaths could be substantially decreased if immunity from |
criminal prosecution for Class 4 felony violations of the |
Illinois Controlled Substances Act and Class 3 felony |
violations of the Methamphetamine Control and Community |
Protection Act were granted to a person possessing a small |
amount of the drug who, in good faith, seeks emergency medical |
assistance for someone experiencing a drug-related overdose |
and if this immunity were granted for the same Class 4 felony |
violations of the Illinois Controlled Substances Act and the |
Class 3 felony violations of the Methamphetamine Control and |
Community Protection Act to a person who is experiencing a |
drug-related overdose; therefore |
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 414 as follows: |
(720 ILCS 570/414 new) |
Sec. 414. Overdose; limited immunity from prosecution. |
(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 charged or prosecuted for Class 4 felony possession of a |
controlled, counterfeit, or look-alike substance or a |
controlled substance analog if evidence for the Class 4 felony |
possession charge 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. |
(c) A person who is experiencing an overdose shall not be |
charged or prosecuted for Class 4 felony possession of a |
controlled, counterfeit, or look-alike substance or a |
controlled substance analog if evidence for the Class 4 felony |
possession charge 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. |
(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. |
Section 10. The Methamphetamine Control and Community |
Protection Act is amended by adding Section 115 as follows: |
(720 ILCS 646/115 new) |
Sec. 115. Overdose; limited immunity from prosecution. |
(a) For the purposes of this Section, "overdose" means a |
methamphetamine-induced physiological event that results in a |
life-threatening emergency to the individual who ingested, |
inhaled, injected, or otherwise bodily absorbed |
methamphetamine. |
(b) A person who, in good faith, seeks emergency medical |
assistance for someone experiencing an overdose shall not be |
charged or prosecuted for Class 3 felony possession of |
methamphetamine if evidence for the Class 3 felony possession |
charge was acquired as a result of the person seeking or |
obtaining emergency medical assistance and providing the |
amount of substance recovered is less than one gram of |
methamphetamine or a substance containing methamphetamine. |
(c) A person who is experiencing an overdose shall not be |
charged or prosecuted for Class 3 felony possession of |
methamphetamine if evidence for the Class 3 felony possession |
charge was acquired as a result of the person seeking or |
obtaining emergency medical assistance and providing the |
amount of substance recovered is less than one gram of |
methamphetamine or a substance containing methamphetamine. |
(d) 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. |
Section 15. The Unified Code of Corrections is amended by |
changing Section 5-5-3.1 as follows: |
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1) |
Sec. 5-5-3.1. Factors in Mitigation. |
(a) The following grounds shall be accorded weight in favor |
of withholding or minimizing a sentence of imprisonment: |
(1) The defendant's criminal conduct neither caused |
nor threatened serious physical harm to another. |
(2) The defendant did not contemplate that his criminal |
conduct would cause or threaten serious physical harm to |
another. |
(3) The defendant acted under a strong provocation. |
(4) There were substantial grounds tending to excuse or |
justify the defendant's criminal conduct, though failing |
to establish a defense. |
(5) The defendant's criminal conduct was induced or |
facilitated by someone other than the defendant. |
(6) The defendant has compensated or will compensate |
the victim of his criminal conduct for the damage or injury |
that he sustained. |
(7) The defendant has no history of prior delinquency |
or criminal activity or has led a law-abiding life for a |
substantial period of time before the commission of the |
present crime. |
(8) The defendant's criminal conduct was the result of |
circumstances unlikely to recur. |
(9) The character and attitudes of the defendant |
indicate that he is unlikely to commit another crime. |
(10) The defendant is particularly likely to comply |
with the terms of a period of probation. |
(11) The imprisonment of the defendant would entail |
excessive hardship to his dependents. |
(12) The imprisonment of the defendant would endanger |
his or her medical condition. |
(13) The defendant was mentally retarded as defined in |
Section 5-1-13 of this Code. |
(14) The defendant sought or obtained emergency |
medical assistance for an overdose and was convicted of a |
Class 3 felony or higher possession, manufacture, or |
delivery of a controlled, counterfeit, or look-alike |
substance or a controlled substance analog under the |
Illinois Controlled Substances Act or a Class 2 felony or |
higher possession, manufacture or delivery of |
methamphetamine under the Methamphetamine Control and |
Community Protection Act. |
(b) If the court, having due regard for the character of |
the offender, the nature and circumstances of the offense and |
the public interest finds that a sentence of imprisonment is |
the most appropriate disposition of the offender, or where |
other provisions of this Code mandate the imprisonment of the |
offender, the grounds listed in paragraph (a) of this |
subsection shall be considered as factors in mitigation of the |
term imposed. |
(Source: P.A. 91-357, eff. 7-29-99.)
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