Illinois § 415

§ 415.

Use, possession, and consumption of a controlled substance related to sexual assault; limited immunity from prosecution. (a) In this Section: "Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. "Sexual assault" means an act of sexual conduct or sexual penetration, defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. (b) A person who is a victim of a sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog: (1) if evidence for the Class 4 felony possession charge was acquired as a result of the person reporting the sexual assault to law enforcement, or seeking or obtaining emergency medical assistance or medical forensic services; and (2) provided the amount of substance recovered is within the amount identified in subsection (d) of this Section. (c) A person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog: (1) if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance or medical forensic services; and (2) provided 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) of this Section, 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; or (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 (d). (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 person described in subsection (b) or (c) of this Section taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services. 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. (Source: P.A. 100-1087, eff. 1-1-19.)