Illinois House Bill HB4479

Illinois 2023-2024 Regular Session

• Introduced: 1/17/24
• Refer: 1/17/24

Caption

CONT SUB-OVERDOSE-ASSISTANCE

Impact

The implications of HB4479 on state laws are significant, as it places a legal obligation on individuals to assist those they believe to be in life-threatening situations due to substance use. This could potentially reduce fatalities associated with drug overdoses, as it mitigates the hesitance individuals may feel in calling for help due to the potential for legal consequences. However, it also introduces a potential legal risk for anyone who might reasonably believe there is a danger but fails to react adequately under the law.

Summary

House Bill 4479 amends the Illinois Controlled Substances Act by introducing penalties for individuals who fail to seek emergency medical assistance for someone they believe is experiencing a drug overdose. The bill classifies such inaction as a Class 4 felony but escalates this to a Class 1 felony if the individual experiencing the overdose dies as a result of not receiving help. This legislative change aims to encourage individuals to take action in emergencies related to drug overdoses, prioritizing awareness and emergency response over fear of criminal repercussions.

Contention

Critics of the bill may argue that imposing criminal penalties for failing to seek assistance could disproportionately affect vulnerable populations and create a culture of fear that deters individuals from acting in emergencies. Supporters, conversely, would likely advocate that the bill serves as a necessary countermeasure against the opioid epidemic by reinforcing the moral and legal responsibility to act in life-threatening situations. There could also be discussions around the practicalities of enforcing such a law, including distinguishing between genuine negligence and situations where an individual may not have been aware of the overdose.