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| 1 | AN ACT concerning safety. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Smoke Detector Act is amended by changing | ||||||
| 5 | Section 4 and by adding Section 3.1 as follows: | ||||||
| 6 | (425 ILCS 60/3.1 new) | ||||||
| 7 | Sec. 3.1. Non-approved smoke detectors banned. Beginning | ||||||
| 8 | December 31, 2027, it is unlawful for any person to sell, offer | ||||||
| 9 | for sale, or give as a gift within the State of Illinois any | ||||||
| 10 | smoke detector that does not meet the requirements of | ||||||
| 11 | subsection (e) of Section 3 of this Act. Nothing in this | ||||||
| 12 | Section shall prohibit any person from manufacturing within | ||||||
| 13 | the State and distributing, selling, offering for sale, or | ||||||
| 14 | giving as a gift outside the State any smoke detector that does | ||||||
| 15 | not meet the requirements of subsection (e) of Section 3 of | ||||||
| 16 | this Act. As used in this Section, "person" means an | ||||||
| 17 | individual, natural person, public or private corporation, | ||||||
| 18 | government, partnership, unincorporated association, or other | ||||||
| 19 | entity. | ||||||
| 20 | (425 ILCS 60/4) (from Ch. 127 1/2, par. 804) | ||||||
| 21 | Sec. 4. (a) Except as provided in subsection (c), willful | ||||||
| 22 | failure to install or maintain in operating condition any | ||||||
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| 1 | smoke detector required by this Act shall be a Class B | ||||||
| 2 | misdemeanor. | ||||||
| 3 | (b) Except as provided in subsection (c), tampering with, | ||||||
| 4 | removing, destroying, disconnecting or removing the batteries | ||||||
| 5 | from any installed smoke detector, except in the course of | ||||||
| 6 | inspection, maintenance or replacement of the detector, shall | ||||||
| 7 | be a Class A misdemeanor in the case of a first conviction, and | ||||||
| 8 | a Class 4 felony in the case of a second or subsequent | ||||||
| 9 | conviction. | ||||||
| 10 | (c) A party in violation of the battery requirements of | ||||||
| 11 | subsection (e) of Section 3 of this Act shall be provided with | ||||||
| 12 | 90 days' warning with which to rectify that violation. If that | ||||||
| 13 | party fails to rectify the violation within that 90-day | ||||||
| 14 | period, he or she may be assessed a fine of up to $100, and may | ||||||
| 15 | be fined $100 every 30 days thereafter until either the | ||||||
| 16 | violation is rectified or the cumulative amount of fines | ||||||
| 17 | assessed reaches $1,500. The provisions of subsection (a) and | ||||||
| 18 | (b) of this Section shall apply only after the penalty | ||||||
| 19 | provided under this subsection (c) has been exhausted to the | ||||||
| 20 | extent that a violating party has reached the $1,500 | ||||||
| 21 | cumulative fine threshold and has failed to rectify the | ||||||
| 22 | violation. | ||||||
| 23 | If the alleged violation has been corrected prior to or on | ||||||
| 24 | the date of the hearing scheduled to adjudicate the alleged | ||||||
| 25 | violation, then the violation shall be dismissed. | ||||||
| 26 | (d) A person who violates Section 3.1 of this Act is guilty | ||||||
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| 1 | of a petty offense and is subject to a fine of at least $500 | ||||||
| 2 | and not more than $1,000. | ||||||
| 3 | (Source: P.A. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.) | ||||||