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91_SB0105
LRB9102110RCks
1 AN ACT in relation to anhydrous ammonia.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 adding Section 21-1.5 as follows:
6 (720 ILCS 5/21-1.5 new)
7 Sec. 21-1.5. Anhydrous ammonia equipment.
8 (a) It is unlawful for any person to tamper with
9 anhydrous ammonia equipment, containers, or storage
10 facilities.
11 (b) Tampering with anhydrous ammonia equipment,
12 containers, or storage facilities occurs when any person who
13 is not authorized by the owner of the anhydrous ammonia,
14 anhydrous ammonia equipment, storage containers, or storage
15 facilities transfers or attempts to transfer anhydrous
16 ammonia to another container, causes damage to the anhydrous
17 ammonia equipment, storage container, or storage facility or
18 vents anhydrous ammonia into the environment.
19 For purposes of this Section:
20 "Anhydrous ammonia" means the compound defined in
21 paragraph (d) of Section 3 of the Illinois Fertilizer Act of
22 1961.
23 "Anhydrous ammonia equipment", "anhydrous ammonia storage
24 containers", and "anhydrous ammonia storage facilities" are
25 defined in the rules adopted under the Illinois Fertilizer
26 Act of 1961.
27 (c) Sentence. A violation of this Section is a Class A
28 misdemeanor.
29 Section 10. The Illinois Controlled Substances Act is
30 amended by changing Section 401.5 as follows:
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1 (720 ILCS 570/401.5)
2 Sec. 401.5. Chemical breakdown of illicit controlled
3 substance.
4 (a) It is unlawful for any person to manufacture a
5 controlled substance prohibited by this Act by chemically
6 deriving the controlled substance from one or more other
7 controlled substances prohibited by this Act.
8 (a-5) It is unlawful for any person to possess any
9 substance with the intent to use the substance to facilitate
10 the manufacture of any controlled or counterfeit substance or
11 controlled substance analog other than as authorized by this
12 Act.
13 (a-6) It is unlawful for any person to tamper with
14 anhydrous ammonia equipment for the purposes identified in
15 subsection (a-5) of this Section. Tampering with anhydrous
16 ammonia equipment occurs when any person who is not
17 authorized by the owner of the anhydrous ammonia or anhydrous
18 ammonia equipment transfers or attempts to transfer anhydrous
19 ammonia to another container or causes damage to anhydrous
20 ammonia equipment. For purposes of this Section, "anhydrous
21 ammonia" means the compound defined in paragraph (d) of
22 Section 3 of the Illinois Fertilizer Act of 1961.
23 (b) A violation of this Section is a Class 4 felony.
24 (Source: P.A. 90-775, eff. 1-1-99.)
25 Section 15. The Code of Civil Procedure is amended by
26 adding Section 2-1119 as follows:
27 (735 ILCS 5/2-1119 new)
28 Sec. 2-1119. Tampering with anhydrous ammonia equipment.
29 (a) A person tampering with anhydrous ammonia equipment
30 in violation of subsection (a-6) of Section 401.5 of the
31 Illinois Controlled Substances Act does not have a cause of
32 action against the owner of the equipment, any person
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1 responsible for the installation or operation of the
2 equipment, the person lawfully selling anhydrous ammonia, the
3 person who lawfully purchases anhydrous ammonia for
4 agricultural purposes, or the person who operates or uses
5 anhydrous ammonia equipment when lawfully applying anhydrous
6 ammonia for agricultural purposes.
7 (b) No person may commence a derivative action against
8 the owner of anhydrous ammonia equipment, any person
9 responsible for the installation or operation of the
10 equipment, the person lawfully selling anhydrous ammonia, the
11 person who lawfully purchases anhydrous ammonia for
12 agricultural purposes, or the person who operates or uses
13 anhydrous ammonia equipment when lawfully applying anhydrous
14 ammonia for agricultural purposes when the injured person has
15 tampered with anhydrous ammonia equipment in violation of
16 subsection (a-6) of Sec. 401.5 of the Illinois Controlled
17 Substances Act.
18 (c) Tampering with anhydrous ammonia equipment occurs
19 when any person who is not authorized by the owner of the
20 anhydrous ammonia or anhydrous ammonia equipment transfers or
21 attempts to transfer anhydrous ammonia to another container
22 or causes damage to anhydrous ammonia equipment.
23 (d) For purposes of this Section, "anhydrous ammonia"
24 means the compound defined in paragraph (d) of Section 3 of
25 the Illinois Fertilizer Act of 1961.