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Ill. Governor Signs Controversial Overdose Immunity Law

By Rorye O'Connor

MT. VERNON, Ill. -- Gov. Pat Quinn signed a law that will go into effect June 1, which will give immunity from prosecution to people who call 911 to report drug overdoses.

Local law enforcement officials and those whose occupations allow them to see the effects of drugs on people's lives have mixed feelings about the new law.

Senate Bill 1701 passed both houses on Nov. 29, 2011, and was signed into law by Gov. Quinn on Feb. 6, as an amendment to the Illinois Controlled Substances Act, according to the public act text.

The act states drug overdoses are the second-highest cause of accidental death in the country and that accidental overdoses have increased in the Chicago Metropolitan area, as well as across the rest of Illinois.

Additionally, it states the Illinois General Assembly believes drug overdose deaths could be decreased by allowing immunity from prosecution for several possible felony charges for a person who seeks emergency medical assistance for someone who is overdosing.

Dan Boehmer, executive director at Jefferson County Comprehensive Services, said he didn't want to take one side or the other, but he does understand why the law could be controversial.

"At Comp. Services our focus is on treatment for individuals who are depressed and suicidal or seeking treatment for drug abuse," he said in an e-mail. "Many individuals who attempt suicide do it by overdose. Getting immediate medical help for that person is critical. I wouldn't want anyone to hesitate to call for assistance."

He said accidental overdose is similar, because many young people who may take drugs don't know exactly what they are taking or how it is affected by other drugs in their system.

"On the other side of this coin we have to recognize that many individuals are so controlled by their addiction that they won't seek help until they are confronted by the courts," he added. "Taking away the (court's) authority to prosecute may keep some from seeking treatment for their addiction. We also would never want to block law enforcement from pursuing drug dealers."

Jefferson County Sheriff Roger Mulch said his initial reaction as a policeman is to think the new law is wrong.

"A person who has drugs in their house should be subject to the same procedures as the person doing the drugs," he said. "The second thing you think is people are afraid to make the call when someone is overdosing, and lives are taken because of it. If it will save a life, you have to weigh a human life or making sure someone in possession of drugs is prosecuted."

He said he can see how the law could save lives.

"I have mixed feelings about that," he said. "There are positives and negatives to it, it's plain to see. It will be interesting to see if it makes a difference. I personally don't think it will."

He said he is not aware of any recent instances in the county in which someone overdosing was not given medical care; he added in one situation, an overdosing individual was taken directly to the hospital.

Mt. Vernon Police Department Chief Chris Mendenall said he did not wish to comment on the new law.

Copyright 2012 - Mt. Vernon Register-News, Ill.

McClatchy-Tribune News Service

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