Illinois 97th Regular Session Status: Enacted 3 D cosponsors

SB 1701 — DRUG OVERDOSE-IMMUNITY

Last action — Public Act . . . . . . . . . 97-0678

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    0 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Provides that 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, a controlled substance analog, or Class 3 felony methamphetamine if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that 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, or in the case of methamphetamine Class 3 felony possession if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the action of seeking or obtaining emergency medical assistance for an overdose may be used as a mitigating factor in a criminal prosecution for Class 3 felony or higher possession, manufacture or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog, or in the case of methamphetamine Class 2 felony or higher possession, manufacture or delivery of methamphetamine. Effective immediately.

Bill Text

What changed in the latest version

8 added · 10 removed

Plain-language change summary

The recent changes to Bill SB 1701 included the removal of specific lines from the previous version, which streamlined the bill's text. This likely means that unnecessary or redundant information has been cut to make the bill clearer and more concise. Such adjustments are important because they can help ensure that the legislation is easier to understand and implement, ultimately improving its effectiveness.

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Previous
Latest
SB1701 Engrossed LRB097 00062 RLC 48160 b AN ACT concerning criminal law, which may be referred to as the Emergency Medical Services Access Law.
SB1701 Enrolled LRB097 00062 RLC 48160 b AN ACT concerning criminal law, which may be referred to as the Emergency Medical Services Access Law.
The Illinois Controlled Substances Act is SB1701 Engrossed - 2 - LRB097 00062 RLC 48160 b amended by adding Section 414 as follows:
The Illinois Controlled Substances Act is SB1701 Enrolled - 2 - LRB097 00062 RLC 48160 b amended by adding Section 414 as follows:
(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 SB1701 Engrossed - 3 - LRB097 00062 RLC 48160 b 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 SB1701 Enrolled - 3 - LRB097 00062 RLC 48160 b amount identified in subsection (d) of this Section.
(10) less than 6 grams of a substance containing SB1701 Engrossed - 4 - LRB097 00062 RLC 48160 b phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
(10) less than 6 grams of a substance containing SB1701 Enrolled - 4 - LRB097 00062 RLC 48160 b phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
The Methamphetamine Control and Community SB1701 Engrossed - 5 - LRB097 00062 RLC 48160 b Protection Act is amended by adding Section 115 as follows:
The Methamphetamine Control and Community SB1701 Enrolled - 5 - LRB097 00062 RLC 48160 b Protection Act is amended by adding Section 115 as follows:
(d) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement SB1701 Engrossed - 6 - LRB097 00062 RLC 48160 b 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.
(d) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement SB1701 Enrolled - 6 - LRB097 00062 RLC 48160 b 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.
SB1701 Engrossed - 7 - LRB097 00062 RLC 48160 b (3) The defendant acted under a strong provocation.
SB1701 Enrolled - 7 - LRB097 00062 RLC 48160 b (3) The defendant acted under a strong provocation.
(14) The defendant sought or obtained emergency SB1701 Engrossed - 8 - LRB097 00062 RLC 48160 b 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.
(14) The defendant sought or obtained emergency SB1701 Enrolled - 8 - LRB097 00062 RLC 48160 b 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.
7-29-99.) Section 99.
7-29-99.)
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 97-0678

  2. Effective Date June 1, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 054-000-000

  7. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-001-000

  8. Waive Posting Notice

  9. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  10. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  11. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  12. Placed on Calendar Order of Concurrence House Amendment(s) 1 - November 8, 2011

  13. Secretary's Desk - Concurrence House Amendment(s) 1

  14. Third Reading - Short Debate - Passed 061-053-000

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. House Floor Amendment No. 1 Adopted by Voice Vote

  17. Recalled to Second Reading - Short Debate

  18. Added Alternate Co-Sponsor Rep. Robyn Gabel

  19. Added Alternate Co-Sponsor Rep. Daniel Biss

  20. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  21. House Floor Amendment No. 1 Referred to Rules Committee

  22. House Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy

  23. Placed on Calendar - Consideration Postponed

  24. Placed on Calendar Order of 3rd Reading - Short Debate

  25. Approved for Consideration Rules Committee; 004-000-000

  26. Final Action Deadline Extended-9(b) November 10, 2011

  27. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  28. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  29. Rule 19(a) / Re-referred to Rules Committee

  30. State Mandates Fiscal Note Filed

  31. Home Rule Note Filed

  32. Correctional Note Filed

  33. Home Rule Note Requested by Rep. Randy Ramey, Jr.

  34. Correctional Note Requested by Rep. Randy Ramey, Jr.

  35. State Mandates Fiscal Note Requested by Rep. Randy Ramey, Jr.

  36. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  37. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  38. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  39. Added Alternate Co-Sponsor Rep. Ann Williams

  40. Placed on Calendar - Consideration Postponed

  41. Third Reading - Consideration Postponed

  42. Added Alternate Co-Sponsor Rep. Derrick Smith

  43. Added Alternate Co-Sponsor Rep. Kimberly du Buclet

  44. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  45. Alternate Co-Sponsor Removed Rep. Wayne Rosenthal

  46. Alternate Co-Sponsor Removed Rep. JoAnn D. Osmond

  47. Final Action Deadline Extended-9(b) May 31, 2011

  48. Alternate Chief Sponsor Changed to Rep. Kelly M. Cassidy

  49. Alternate Co-Sponsor Removed Rep. Kelly M. Cassidy

  50. Placed on Calendar Order of 3rd Reading - Short Debate

  51. Second Reading - Short Debate

  52. Added Alternate Co-Sponsor Rep. Wayne Rosenthal

  53. Added Alternate Co-Sponsor Rep. Barbara Flynn Currie

  54. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

  55. Added Alternate Co-Sponsor Rep. Cynthia Soto

  56. Added Alternate Chief Co-Sponsor Rep. Rita Mayfield

  57. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  58. Placed on Calendar 2nd Reading - Short Debate

  59. Do Pass / Short Debate Judiciary I - Civil Law Committee; 007-004-000

  60. Alternate Chief Co-Sponsor Changed to Rep. Karen A. Yarbrough

  61. Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough

  62. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  63. Alternate Chief Co-Sponsor Changed to Rep. Patricia R. Bellock

  64. Alternate Chief Co-Sponsor Changed to Rep. Constance A. Howard

  65. Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

  66. Added Alternate Chief Co-Sponsor Rep. Constance A. Howard

  67. Added Alternate Co-Sponsor Rep. Jack McGuire

  68. Re-assigned to Judiciary I - Civil Law Committee

  69. Assigned to Executive Committee

  70. Referred to Rules Committee

  71. First Reading

  72. Chief House Sponsor Rep. Ann Williams

  73. Placed on Calendar Order of First Reading

  74. Arrived in House

  75. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  76. Third Reading - Passed; 057-000-000

  77. Placed on Calendar Order of 3rd Reading

  78. Senate Floor Amendment No. 2 Adopted; Millner

  79. Recalled to Second Reading

  80. Added as Co-Sponsor Sen. Donne E. Trotter

  81. Added as Chief Co-Sponsor Sen. John J. Millner

  82. Chief Sponsor Changed to Sen. Ira I. Silverstein

  83. Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000

  84. Placed on Calendar Order of 3rd Reading April 12, 2011

  85. Second Reading

  86. Senate Floor Amendment No. 2 Postponed - Criminal Law

  87. Added as Co-Sponsor Sen. Ron Sandack

  88. Added as Co-Sponsor Sen. Heather A. Steans

  89. Senate Floor Amendment No. 2 Assignments Refers to Criminal Law

  90. Senate Floor Amendment No. 2 Referred to Assignments

  91. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Millner

  92. Added as Co-Sponsor Sen. Annazette R. Collins

  93. Added as Co-Sponsor Sen. A. J. Wilhelmi

  94. Added as Co-Sponsor Sen. Kirk W. Dillard

  95. Added as Chief Co-Sponsor Sen. William Delgado

  96. Added as Chief Co-Sponsor Sen. Mattie Hunter

  97. Placed on Calendar Order of 2nd Reading March 10, 2011

  98. Do Pass Criminal Law; 008-000-000

  99. Added as Chief Co-Sponsor Sen. Michael Noland

  100. Senate Committee Amendment No. 1 Referred to Assignments

  101. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Millner

  102. Postponed - Criminal Law

  103. Added as Co-Sponsor Sen. Emil Jones, III

  104. Assigned to Criminal Law

  105. Referred to Assignments

  106. First Reading

  107. Filed with Secretary by Sen. John J. Millner

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 16 co-sponsors · 167 not signed on · 10 voted No

Sponsors (0)

None.

Co-sponsors (16)

Not signed on (167)

167 members have not signed on to this bill.

Show all 167 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 42004
Democrat 9001
Republican 3000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Millner — Yea
Dillard — Yea
Frerichs — Yea
Noland — Yea
Kotowski — Yea
Landek — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
McCann — Yea
McCarter — Yea
Brady — Yea
Meeks — Not Voting
Johnson, C. — Yea
Johnson, T. — Yea
Mulroe — Yea
Muñoz — Yea
Sullivan — Yea
Radogno — Yea
Schoenberg — Yea
Cullerton — Yea
Silverstein — Yea
Steans — Yea
Jacobs — Not Voting
Jones, J. — Not Voting
Trotter — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hutchinson — Yea
Wilhelmi — Yea
Pankau — Yea
Raoul — Yea
Righter — Not Voting
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Not Voting
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 61 Yea · 53 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 514303
Democrat 10500
Republican 0500
Total 615303
% of votes cast 52%45%0%3%
How each member voted (117)
Member Party Vote
Brauer — Nay
Brown — Nay
Carli — Nay
McAsey — Nay
Eddy — Nay
Hatcher — Nay
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Nybo — Yea
Lang — Yea
Leitch — Yea
Madigan — Yea
Lyons — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Bradley — Yea
Mulligan — Yea
Nekritz — Yea
McGuire — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Mitchell, Jerry — Yea
Phelps — Yea
Senger — Yea
Harris, Greg — Yea
Hernandez — Yea
Howard — Yea
Williams — Yea
Soto — Yea
Thapedi — Yea
Turner — Yea
Jones — Yea
Verschoore — Yea
Davis, Monique — Yea
Yarbrough — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Golar — Yea
Kosel — Yea
Brady — Nay
Moffitt — Nay
Morthland — Nay
Mitchell, Bill — Nay
Poe — Nay
Sullivan — Nay
Pritchard — Nay
Sente — Nay
Harris, David — Nay
Tryon — Nay
Unes — Nay
Watson — Nay
Winters — Nay
Zalewski — Nay
Cavaletto — Nay
Coladipietro — Not Voting
Cole — Not Voting
Colvin — Not Voting
Connelly — Nay
Costello — Nay
Farnham — Nay
Fortner — Nay
Franks — Nay
Gaffney — Nay
Gordon — Nay
Hays — Nay
Kay — Nay
Osmond — Yea
Pihos — Yea
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Roth — Nay
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Sommer — Nay
Acevedo — Yea
Arroyo — Nay
Barickman — Nay
Beiser — Nay
Bellock — Yea
Berrios — Yea
Mathias — Nay
Biss — Yea
Mautino — Nay
Bost — Nay
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Nay
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Nay
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Michelle Mussman Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Chapin Rose Republican Nay
Jil Tracy Republican Nay
Joe C. Sosnowski Republican Nay
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Nay

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 45001
Democrat 9001
Republican 3000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Cultra — Yea
Frerichs — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
McCann — Yea
Brady — Yea
Clayborne — Yea
Haine — Yea
Hutchinson — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Kotowski — Yea
Landek — Yea
Sullivan — Yea
Jones, J. — Yea
Lauzen — Yea
Cullerton — Yea
McCarter — Yea
Meeks — Yea
Jacobs — Not Voting
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Crotty — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Steans — Yea
Trotter — Yea
Wilhelmi — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1701 do?
Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Provides that 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, a controlled substance analog, or Class 3 felony methamphetamine if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that 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, or in the case of methamphetamine Class 3 felony possession if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the action of seeking or obtaining emergency medical assistance for an overdose may be used as a mitigating factor in a criminal prosecution for Class 3 felony or higher possession, manufacture or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog, or in the case of methamphetamine Class 2 felony or higher possession, manufacture or delivery of methamphetamine. Effective immediately.
Who sponsors SB 1701?
SB 1701 is sponsored by Hernandez, Lisa, Ira I. Silverstein, Jack McGuire, Cynthia Soto, Barbara Flynn Currie, Kenneth Dunkin, Derrick Smith, Sara Feigenholtz (Democrat), Camille Y. Lilly (Democrat), Sandra M. Pihos, Naomi D. Jakobsson, Daniel Biss, Robyn Gabel (Democrat), Williams, Jawaharial, Du Buclet, and Chapa LaVia.
What is the current status of SB 1701?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track SB 1701?
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