HB5491 Summary

• Amends the Illinois Controlled Substances Act and Methamphetamine Control and Community Protection Act to condition limited immunity for overdose victims on entering a substance abuse intervention or treatment program approved by the State's Attorney within 14 days of the overdose or as soon as practicable.

• Provides immunity from Class 4 felony possession charges for persons seeking emergency medical assistance for someone experiencing an overdose, provided the recovered substance amount is within specified limits (e.g., less than 3 grams of heroin, cocaine, or morphine; less than 40 grams of barbiturates or amphetamines).

• Provides immunity from Class 3 felony methamphetamine possession charges for persons seeking emergency medical assistance when the recovered amount is less than one gram of methamphetamine.

• Prohibits immunity if law enforcement has reasonable suspicion or probable cause based on information obtained prior to or independent of the overdose emergency response for other criminal activity.

• Effective June 1, 2012, and only if Senate Bill 1701 of the 97th General Assembly becomes law in the specified form.