New Drug Overdose Law Gives Immunity to Those Seeking Help

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By Stephanie Tyrpak
By Randy Livingston

MARION -- Illinois will soon become the fifth state to provide limited immunity to drug users who overdose and those who call 911 in an effort to help.

Senate Bill 1701 was signed into law by Governor Quinn earlier this month. The legislation was designed to cut the number of fatal drug overdoses, which the bill outlines as the second leading cause of accidental death in the nation.

"That's part of our jobs," said Williamson County Sheriff Bennie Vick. "Arrest people and put them in jail when they do wrong. But we'd rather them be healthy and alive."

Sheriff Vick has seen people ignore medical attention to avoid the consequences.

"Like some of the meth fires we have, people won't report fires and won't report being burned because they're afraid they're going to get arrested," said Vick. "They might get infections and everything else could lead to serious illness or death."

The law's immunity is limited and won't keep law enforcement from completing an investigation.

"We can still gather intelligence information," said Vick. "We can still seize drugs, and file information with the State's Attorney Office."

Williamson County State's Attorney Chuck Garnati agrees the new law could have its benefits.

Garnati's office rarely prosecutes a person when the only evidence is that he or she has an ingested an illegal substance. But while someone may escape minor drug possession charges, they can still be punished for drug trafficking.

"If they showed up and there are drugs lying around all over the apartment or the house, that independent evidence could be seized and could be used in a possible prosecution," said Garnati.

Garnati isn't sure the law will change the mindset of someone who's using drugs, but feels there's nothing wrong with providing an incentive.

"If we can save even one life a year, I think that's worth pursuing," said Garnati.

New Mexico, Washington, Connecticut, and New York already have legislation like this in place. The Illinois law goes into effect on June 1st.
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