Illinois’ expanded good Samaritan law tested in Crystal Lake drug-induced homicide case - Yahoo News
Earlier this year, a change to Illinois’ criminal code long sought by addiction recovery advocates became law, providing immunity against drug-induced homicide charges to those who call 911 when a companion overdoses.
At least, that’s how they intended it to work.
But in what appears to be the first test of the state’s expanded good Samaritan law, a McHenry County judge denied a woman’s request to have her case thrown out under the statute. Instead, Crystal Lake resident Veronica Kubiak faces trial next month on charges she delivered a fatal dose of heroin and fentanyl to her boyfriend.
Prosecutors argued the amended law does not apply retroactively, and they said that swayed the judge in a hearing Oct. 13. They also contended in court papers that since the call for help was made by Kubiak’s sister, who was in the house during the overdose, Kubiak should not receive immunity.
Kubiak, 24, declined an interview request and her attorney did not respond to messages seeking comment.
Benjamin Ruddell, director of criminal justice policy for the American Civil Liberty Union of Illinois, said advocates long wanted to expand the state’s good Samaritan law, designed to encourage people to seek aid for overdosing companions instead of fleeing.
As originally written, it protected people against possession charges if police found drugs while responding, but Ruddell said authorities found ways around that.
“We saw police and prosecutors circumventing that law, charging people with possession with intent to deliver, drug-induced homicide or even aggravated battery,” he said.
Legislators passed a bill this year that adds immunity against those other charges to the statute, and in April Gov. J.B. Pritzker signed it into law. Ruddell said as far as he knew, Kubiak’s case was the first to put it to the test.
McHenry County State’s Attorney Patrick Kenneally would not discuss details of the case, but according to court papers, Kubiak allegedly told an investigator she drove her boyfriend to Chicago one afternoon in June 2019, though she denied taking part in any drug transaction.
source: https://news.yahoo.com/illinois-expanded-good-samaritan-law-100000882.html
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.