| ||||
| Public Act 097-0565 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by adding | ||||
Sections 12-37 and 12-38 as follows: | ||||
(720 ILCS 5/12-37 new) | ||||
Sec. 12-37. Possession and sale of caustic and noxious | ||||
substances. | ||||
(a) Except as provided in subsection (b), it is unlawful | ||||
for any person knowingly to have in his or her possession or to | ||||
carry about any of the substances which are regulated by Title | ||||
16 CFR Section 1500.129 of the Federal Caustic Poison Act and | ||||
are required to contain the words "causes severe burns" as the | ||||
affirmative statement of principal hazard on its label. | ||||
(b) Provided that the product is not used to threaten, | ||||
intimidate, injure, or cause distress to another, the | ||||
restrictions of subsection (a) do not apply to: | ||||
(1) persons while engaged in the legitimate commercial | ||||
manufacture, distribution, storage, or use of the | ||||
specified substances; | ||||
(2) persons while engaged in legitimate scientific or | ||||
medical research, study, teaching or treatment involving | ||||
the use of such substances, including without limitation | ||||
physicians, pharmacists, scientists, teachers, students, | ||
and employees of regularly established laboratories, | ||
manufacturing and wholesale pharmacies, retail pharmacies, | ||
medical treatment facilities, schools, colleges, and | ||
universities; | ||
(3) persons who have procured any of the specified | ||
substances for medicinal purposes upon a prescription of a | ||
physician licensed to practice medicine in all its branches | ||
under the Medical Practice Act of 1987; | ||
(4) commercial or consumer products that contain any of | ||
the specified substances found in subsection (a) | ||
including, but not limited to, batteries; | ||
(5) production agriculture as defined in Section 3-5 of | ||
the Use Tax Act; | ||
(6) persons while engaged in the possession or | ||
transportation, or both, of a commercial product | ||
containing any of the substances specified in subsection | ||
(a) for retail sale; | ||
(7) persons while engaged in the possession, | ||
transportation, or use, unrelated to a retail sale, of any | ||
of the substances specified in subsection (a); or | ||
(8) persons engaged in the possession, transportation, | ||
or use of a commercial product containing any of the | ||
substances specified in subsection (a). | ||
(c) Sentence. A violation of this Section is a Class 4 | ||
felony. | ||
(d) The regulation of the possession and carrying of | ||
caustic and noxious substances under this Section is an | ||
exclusive power and function of the State. A home rule unit may | ||
not regulate the possession and carrying of caustic and noxious | ||
substances and any ordinance or local law contrary to this | ||
Section is declared void. This is a denial and limitation of | ||
home rule powers and functions under subsection (h) of Section | ||
6 of Article VII of the Illinois Constitution. | ||
(720 ILCS 5/12-38 new) | ||
Sec. 12-38. Restrictions on purchase or acquisition of | ||
corrosive or caustic acid. | ||
(a) A person seeking to purchase a substance which is | ||
regulated by Title 16 CFR Section 1500.129 of the Federal | ||
Caustic Poison Act and is required to contain the words "causes | ||
severe burns" as the affirmative statement of principal hazard | ||
on its label, must prior to taking possession: | ||
(1) provide a valid driver's license or other | ||
government-issued identification showing the person's | ||
name, date of birth, and photograph; and | ||
(2) sign a log documenting the name and address of the | ||
person, date and time of the transaction, and the brand, | ||
product name and net weight of the item. | ||
(b) Exemption. The requirements of subsection (a) do not | ||
apply to batteries. | ||
(c) Rules and Regulations. The Illinois Department of State | ||
Police shall have the authority to promulgate rules for the | ||
implementation and enforcement of this Section. | ||
(d) Sentence. Any violation of this Section is a business | ||
offense for which a fine not exceeding $150 for the first | ||
violation, $500 for the second violation, or $1,500 for the | ||
third and subsequent violations within a 12-month period shall | ||
be imposed. | ||
(e) Preemption. The regulation of the purchase or | ||
acquisition, or both, of a caustic or corrosive substance and | ||
any registry regarding the sale or possession, or both, of a | ||
caustic or corrosive substance is an exclusive power and | ||
function of the State. A home rule unit may not regulate the | ||
purchase or acquisition of caustic or corrosive substances and | ||
any ordinance or local law contrary to this Section is declared | ||
void. This is a denial and limitation of home rule powers and | ||
functions under subsection (h) of Section 6 of Article VII of | ||
the Illinois Constitution.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2012. | ||