Defendant was charged with unlawful possession of a controlled substance. Defendant failed to prove that she was entitled to the limited immunity in Section 414(b) of the Illinois Controlled Substances Act, which grants limited immunity from prosecution for a person seeking medical assistance for someone experiencing an overdose. As this is an affirmative defense of statutory immunity, the person claiming the affirmative defense bears the burden to properly raise and prove their immunity, and must show evidence to indicate that person was either seeking or obtaining emergency medical assistance for an overdosing victim. Defendant testified that she had no idea where she was going that the passengers in her vehicle were directing her to drive toward the highway, not toward a hospital. There is no evidentiary basis to conclude that Defendant was seeking medical attention for the passenger suffering from an overdose. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Immunity