Signed by Governor Pat Quinn

Vote Smart's Synopsis:

Vote to pass a bill that authorizes criminal immunity for those who seek medical assistance for a drug overdose.

Highlights:

• Authorizes immunity from prosecution for a Class 3 or 4 felony drug possession when an individual seeks emergency medical assistance for themselves or another individual experiencing a drug “overdose” and is in possession of a controlled substance which includes, but is not limited to, the following (Sec. 5):
• Less than 1 gram of methamphetamine or a substance containing methamphetamine;
• Less than 3 grams of a substance containing either:
• Heroin;
• Cocaine;
• Morphine; or
• Lysergic acid diethylamide (LSD);
• Less than 40 grams of a substance containing peyote or amphetamine; or
• Less than 40 grams of a substance classified as a Schedule I or II narcotic drug.

• Defines an “overdose” as a substance-induced physiological event that results in a life-threatening emergency to the individual who took a controlled substance (Sec. 5).      

• Exempts from the provisions of this bill any individual that is arrested or searched by a law enforcement officer who has “reasonable suspicion” or “probable cause” based on information obtained prior to or independent of the individual’s request for emergency medical assistance for a drug overdose (Sec. 5).

• Authorizes the review of prison sentences that include a defendant who sought emergency medical assistance for a drug overdose and was convicted of a Class 2 or 3 felony related to methamphetamines (Sec. 15).

Full Bill Text