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Illinois House Bill HB2929

Illinois 2025-2026 Regular Session

Illinois House Bill HB2929 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2929 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 20 ILCS 301/5-26 new Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately. LRB104 12092 KTG 22190 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2929 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 20 ILCS 301/5-26 new 20 ILCS 301/5-26 new Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately. LRB104 12092 KTG 22190 b LRB104 12092 KTG 22190 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2929 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 20 ILCS 301/5-26 new 20 ILCS 301/5-26 new
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55 Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Substance Use Disorder Act is amended by
1515 5 adding Section 5-26 as follows:
1616 6 (20 ILCS 301/5-26 new)
1717 7 Sec. 5-26. Harm reduction services.
1818 8 (a) Legislative findings. The General Assembly finds the
1919 9 following:
2020 10 (1) Illinois is experiencing a growing overdose
2121 11 crisis. According to the Centers for Disease Control and
2222 12 Prevention, over 4,000 Illinoisans died from overdoses
2323 13 between January 2021 and January 2022, a 12.6% increase
2424 14 from the previous year. Most of those preventable deaths
2525 15 involved opioids.
2626 16 (2) A significant reason for the increase in deaths is
2727 17 a poisoned drug supply, with illicit fentanyl killing
2828 18 people using street-bought substances. With the increasing
2929 19 use of potent fentanyl in the illicit substance supply in
3030 20 Illinois, more lives will continue to be lost.
3131 21 (3) Nearly all witnessed opioid overdoses are
3232 22 reversible with the provision of oxygen, naloxone, and
3333 23 other emergency care. However, many people use drugs alone
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2929 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3838 20 ILCS 301/5-26 new 20 ILCS 301/5-26 new
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4040 Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately.
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6868 1 or use them with people who do not have naloxone and are
6969 2 not trained in overdose response.
7070 3 (4) Overdose prevention sites can save lives. Overdose
7171 4 prevention sites provide individuals with a safe, hygienic
7272 5 space to consume pre-obtained drugs and access to other
7373 6 harm reduction, treatment, recovery, and ancillary support
7474 7 services.
7575 8 (5) The goals of overdose prevention sites are:
7676 9 (A) Saving lives by quickly providing emergency
7777 10 care to persons experiencing an overdose.
7878 11 (B) Reducing the spread of infectious diseases,
7979 12 such as HIV and hepatitis.
8080 13 (C) Reducing public injection of substances and
8181 14 discarded syringes in surrounding areas.
8282 15 (D) Linking those with substance use disorders to
8383 16 behavioral and physical health supports.
8484 17 (b) Definitions. As used in this Section:
8585 18 "Entity" means (i) any community-based organization that
8686 19 provides educational, health, harm reduction, housing, or
8787 20 social services and (ii) any hospital, medical clinic or
8888 21 office, health center, community-based mental health center,
8989 22 or other similar entity that provides medical care.
9090 23 "Harm reduction" refers to a philosophical framework and
9191 24 set of strategies designed to reduce harm and promote dignity
9292 25 and well-being among persons and communities who engage in
9393 26 substance use.
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104104 1 "Overdose prevention sites" means hygienic locations where
105105 2 individuals may safely consume pre-obtained substances.
106106 3 "Participant" means an individual who seeks to utilize,
107107 4 utilizes, or has utilized services provided at an overdose
108108 5 prevention site established in accordance with this Section.
109109 6 (c) The Department shall establish a mechanism to collect
110110 7 research and data regarding overdose prevention sites (OPSs)
111111 8 and prepare a report for the General Assembly within 12 months
112112 9 after the effective date of this amendatory Act of the 104th
113113 10 General Assembly. The Department may identify collaborators
114114 11 across other Departments and State universities. The report
115115 12 shall contain information on:
116116 13 (1) The current research on the effectiveness of an
117117 14 OPS as an overdose prevention strategy.
118118 15 (2) OPS best practices for staffing, placement, and
119119 16 activities.
120120 17 (3) The benefits and challenges of different OPS
121121 18 models - structures and settings.
122122 19 (d) The Department, in collaboration with people with
123123 20 lived experience, shall develop a pilot service, subject to
124124 21 available funding, aimed at saving the lives of people who use
125125 22 substances that shall include the establishment of at least
126126 23 one OPS. Pilot OPSs shall offer people, who are most likely to
127127 24 use drugs in public, unobserved, high-risk, and unsanitary
128128 25 locations, a safe space to use pre-obtained substances and
129129 26 connect to community supports or other existing treatment and
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140140 1 recovery programs, harm reduction services, and health care.
141141 2 (e) Pilot OPSs shall abide by the following principles:
142142 3 (1) Nothing About Us Without Us: OPS programs and
143143 4 services shall be formulated with transparency, community
144144 5 involvement, and direct input by people who use
145145 6 substances.
146146 7 (2) Equity: OPS staff and programs shall provide equal
147147 8 support, services, and resources to all participants and
148148 9 ensure accessibility to the greatest extent possible.
149149 10 (3) Harm Reduction: OPS shall prioritize individual
150150 11 dignity and autonomy in decision-making while encouraging
151151 12 people to reduce high-risk behaviors.
152152 13 (4) OPS shall affirm the humanity and dignity of
153153 14 people who use substances and shall be operated in a way
154154 15 that is safe, clean, inclusive, and welcoming to reduce
155155 16 stigma and build trust.
156156 17 (5) OPS shall prioritize relationship-building and
157157 18 trust among staff and participants in order to create safe
158158 19 spaces and provide increased opportunities to connect with
159159 20 additional services that promote health and well-being.
160160 21 (f) Staffing.
161161 22 (1) OPS staff, at a minimum, shall consist of trained
162162 23 peers with lived experience of substance use or overdose,
163163 24 along with other necessary professionals such as community
164164 25 health workers, behavioral health professionals,
165165 26 physicians, nurses, or medical personnel who have been
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176176 1 trained in overdose responses.
177177 2 (2) A majority of the OPS staff shall include peers.
178178 3 (3) Staffing decisions must ensure that participants
179179 4 utilize the service, feel safe, and are connected to
180180 5 resources.
181181 6 (4) The Department may not prohibit persons with
182182 7 criminal records from frontline, management, or executive
183183 8 positions within entities that operate an OPS.
184184 9 (g) Location. Pilot OPSs shall be established in physical
185185 10 locations with high need determined by rates of overdoses and
186186 11 substance use; and as a natural development or extension of
187187 12 existing harm reduction and outreach programming. Priority
188188 13 shall be given to communities that have the highest number of
189189 14 fatal and non-fatal overdoses as determined by public health
190190 15 data from the Department of Public Health. Pilot OPSs shall
191191 16 specifically target high-risk and socially marginalized drug
192192 17 users in a municipality with a population greater than
193193 18 2,500,000, not to exceed 12 months from implementation.
194194 19 (h) Pilot OPS features. Pilot OPSs shall at a minimum:
195195 20 (1) provide a hygienic space where participants may
196196 21 consume their pre-obtained substances;
197197 22 (2) maintain a supply of naloxone and oxygen on-site,
198198 23 together with the necessary equipment to administer
199199 24 naloxone and oxygen;
200200 25 (3) monitor participants for potential overdose;
201201 26 (4) employ staff trained to administer first aid to
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212212 1 participants who are experiencing an overdose;
213213 2 (5) provide sterile injection or other substance use
214214 3 supplies, collect used hypodermic needles and syringes,
215215 4 and provide secure hypodermic needle and syringe disposal
216216 5 services in compliance with the Overdose Prevention and
217217 6 Harm Reduction Act and any applicable rules adopted by the
218218 7 Department of Public Health;
219219 8 (6) provide safer smoking and safer snorting kits;
220220 9 (7) provide naloxone;
221221 10 (8) encourage drug checking or the use of fentanyl
222222 11 test strips;
223223 12 (9) provide education on safe consumption practices,
224224 13 the proper disposal of hypodermic needles and syringes,
225225 14 and overdose prevention;
226226 15 (10) provide referrals to substance use disorder and
227227 16 mental health treatment, medication-assisted treatment or
228228 17 recovery, and other services which address social
229229 18 determinants of health which include Housing First
230230 19 programs;
231231 20 (11) offer a quiet and comfortable space for
232232 21 participants to stay safely sheltered and supervised after
233233 22 consuming substances; and
234234 23 (12) train staff members and volunteers to deliver
235235 24 services offered at the overdose prevention site, and
236236 25 maintain an adequate staff of health care professionals or
237237 26 other trained staff or volunteers. Trainings shall be
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248248 1 conducted and partnered with established harm reduction
249249 2 professionals.
250250 3 (i) Other OPS program design and implementation shall be
251251 4 informed by the target community and the report submitted to
252252 5 the General Assembly.
253253 6 (j) The Department may approve an entity to operate a
254254 7 pilot program in one or more jurisdictions upon satisfaction
255255 8 of the requirements set forth in this Section. The Department
256256 9 shall establish standards for program approval and training.
257257 10 (k) Immunity provided. Notwithstanding the Illinois
258258 11 Controlled Substances Act, the Drug Paraphernalia Control Act,
259259 12 or any other provision of law to the contrary, the following
260260 13 persons shall not be arrested, charged, or prosecuted for any
261261 14 criminal offense or violation of parole, mandatory supervised
262262 15 release, probation, or conditional discharge, or be subject to
263263 16 any civil or administrative penalty, including seizure or
264264 17 forfeiture of assets or real property or disciplinary action
265265 18 by a professional licensing board, or be denied any right or
266266 19 privilege solely for participation or involvement at an
267267 20 overdose prevention site approved by the Department under this
268268 21 Act:
269269 22 (1) any individual who seeks to utilize, utilizes, or
270270 23 has utilized services provided at an overdose prevention
271271 24 site established in accordance with this Section;
272272 25 (2) a staff member or administrator of an overdose
273273 26 prevention site, including a healthcare professional,
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284284 1 manager, employee, or volunteer; and
285285 2 (3) an individual who owns real property at which an
286286 3 overdose prevention site is located or operates.
287287 4 Notwithstanding any other law, ordinance, or regulation,
288288 5 any entity licensed as an OPS Harm Reduction Services provider
289289 6 may operate an overdose prevention site as authorized by the
290290 7 Department.
291291 8 (l) The Department shall help educate local communities
292292 9 and public and private entities, such as public safety
293293 10 organizations, social service groups, school districts, faith
294294 11 communities, and businesses, about overdose prevention sites
295295 12 and the evidence regarding the benefits of overdose prevention
296296 13 sites.
297297 14 (m) Reporting. An entity operating an overdose prevention
298298 15 site in accordance with this Section shall, within the time
299299 16 frame specified by the Department, submit a report to the
300300 17 Department that shall include:
301301 18 (1) the number of participants who have received or
302302 19 are receiving services at the overdose prevention site;
303303 20 (2) aggregate information regarding the
304304 21 characteristics of those participants reported under
305305 22 paragraph (1);
306306 23 (3) the number of hypodermic needles, syringes, and
307307 24 harm reduction supplies distributed for use on-site;
308308 25 (4) the number of overdoses experienced and the number
309309 26 of overdoses reversed on-site;
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320320 1 (5) the number of participants directly and formally
321321 2 referred to other services and the type of services.
322322 3 In compiling the report required under this subsection, an
323323 4 entity operating an overdose prevention site shall exclude all
324324 5 personally identifiable information and adhere to all federal
325325 6 regulations concerning the confidentiality of substance use
326326 7 disorder patient records under Part 2, Subchapter A, Chapter
327327 8 1, Title 42 of the Code of Federal Regulations as that Part
328328 9 existed on December 20, 2024.
329329 10 (n) Home rule preemption. A home rule unit may not
330330 11 prohibit the establishment or operation of an overdose
331331 12 prevention site as provided in this Section. This Section is a
332332 13 denial and limitation of home rule powers and functions under
333333 14 subsection (g) of Section 6 of Article VII of the Illinois
334334 15 Constitution.
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