Bill Status of HB 2193   97th General Assembly

Short Description:  CRIM CD-CAUSTIC SUBSTANCES

House Sponsors
Rep. Daniel J. Burke-William Cunningham-Maria Antonia Berrios-Dennis M. Reboletti, Ann Williams, Luis Arroyo, Daniel Biss, Edward J. Acevedo, Elizabeth Hernandez, John D'Amico, Joseph M. Lyons, Michael J. Zalewski, Marlow H. Colvin, Linda Chapa LaVia, Jack D. Franks, Keith Farnham, Michelle Mussman, La Shawn K. Ford, Rita Mayfield, André M. Thapedi, Kelly Burke, Arthur Turner, Robyn Gabel, Harry Osterman, Naomi D. Jakobsson, Sara Feigenholtz, Greg Harris, Thomas Holbrook, William D. Burns, Fred Crespo, Donald L. Moffitt, Barbara Flynn Currie, Lisa M. Dugan, Patrick J. Verschoore, Dan Reitz, Elaine Nekritz and Deborah Mell

Senate Sponsors
(Sen. William R. Haine)


Last Action  View All Actions

DateChamber Action
  8/25/2011HousePublic Act . . . . . . . . . 97-0565

Statutes Amended In Order of Appearance
720 ILCS 5/12-37 new
720 ILCS 5/12-38 new

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that it is unlawful for any person knowingly to have in his or her possession or to carry about any of the following substances in a form and amount that is capable of causing serious injury or distress to another: (i) any corrosive or caustic acid or alkali (including but not limited to sulfuric acid) or any solution or mixture of corrosive or caustic acids or alkalis, (ii) elemental phosphorus, or (iii) hydrogen sulfide, valerianic (isobutyric) acid, ammonium valerianate, valerianate of zinc, or any other nauseating, offensive, or disgusting chemical of like or similar nature. Includes exceptions. Provides that a person shall not knowingly sell, give away, offer to sell or give away, or have in his or her possession any stink ball or fire ball, or any bomb, ball tube, vial, or bottle made of thin glass or other easily breakable material, containing any of those substances in a form and amount that is capable of causing serious injury or distress to another. Makes violation a Class C misdemeanor. Also provides that a person seeking to acquire any corrosive or caustic acid must show identification and sign a log. Provides that a person shall not knowingly acquire more than one package containing corrosive or caustic acid from a retail location within a 24-hour period. Includes exceptions. Provides that the Department of Public Health shall have the authority to promulgate rules for the implementation and enforcement of this provision. Provides that a violation is a business offense for which a fine not exceeding $1,500 may be imposed.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that it is a Class 4 felony 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. Establishes exemptions. Provides that 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. Provides that a violation is a business offense for which a fine not exceeding $1,500 may be imposed. Provides that these requirements do not apply to batteries. Preempts home rule.

Senate Floor Amendment No. 2
Provides that the exemption to the prohibition on the sale of the caustic and noxious substances applies only if the product is not used to threaten, intimidate, injure, or cause distress to another. Provides that, in addition to any other exemption, the exemption to the prohibition on the sale of the caustic and noxious substances applies to: (1) persons while engaged in the possession or transportation, or both, of a commercial product containing any of the specified substances for retail sale; (2) persons while engaged in the possession, transportation, or use, unrelated to a retail sale; or (3) persons engaged in the possession, transportation, or use of a commercial product containing any of the specified substances. Changes the penalty for the purchase and acquisition of the prohibited substances. Adds a January 1, 2012 effective date to the bill.

Actions 
DateChamber Action
  2/18/2011HouseFiled with the Clerk by Rep. Susana A. Mendoza
  2/18/2011HouseFirst Reading
  2/18/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Judiciary II - Criminal Law Committee
  3/17/2011HouseRecommends Do Pass Subcommittee/ Judiciary II - Criminal Law Committee; 003-000-000
  3/17/2011HouseRemains in Judiciary II - Criminal Law Committee
  3/17/2011HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  3/17/2011HousePlaced on Calendar 2nd Reading - Short Debate
  4/11/2011HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Susana A. Mendoza
  4/11/2011HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/12/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Susana A. Mendoza
  4/12/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/12/2011HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  4/12/2011HouseSecond Reading - Short Debate
  4/12/2011HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/12/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2011HouseAdded Chief Co-Sponsor Rep. Daniel J. Burke
  4/12/2011HouseAdded Chief Co-Sponsor Rep. William Cunningham
  4/12/2011HouseAdded Chief Co-Sponsor Rep. Maria Antonia Berrios
  4/12/2011HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/12/2011HouseAdded Co-Sponsor Rep. Ann Williams
  4/12/2011HouseAdded Co-Sponsor Rep. Luis Arroyo
  4/12/2011HouseAdded Co-Sponsor Rep. Daniel Biss
  4/12/2011HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  4/12/2011HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/12/2011HouseAdded Co-Sponsor Rep. John D'Amico
  4/12/2011HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  4/12/2011HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  4/12/2011HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  4/12/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/12/2011HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/12/2011HouseAdded Co-Sponsor Rep. Keith Farnham
  4/12/2011HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/12/2011HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/12/2011HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/12/2011HouseAdded Co-Sponsor Rep. André M. Thapedi
  4/12/2011HouseAdded Co-Sponsor Rep. Kelly Burke
  4/12/2011HouseAdded Co-Sponsor Rep. Arthur Turner
  4/12/2011HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/12/2011HouseAdded Co-Sponsor Rep. Harry Osterman
  4/13/2011HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/13/2011HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/13/2011HouseAdded Co-Sponsor Rep. Greg Harris
  4/13/2011HouseAdded Co-Sponsor Rep. Thomas Holbrook
  4/13/2011HouseAdded Co-Sponsor Rep. William D. Burns
  4/13/2011HouseAdded Co-Sponsor Rep. Fred Crespo
  4/13/2011HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  4/13/2011HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/13/2011HouseThird Reading - Short Debate - Passed 116-000-000
  4/13/2011HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  4/13/2011HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/13/2011HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  4/13/2011HouseAdded Co-Sponsor Rep. Dan Reitz
  4/13/2011HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/13/2011HouseAdded Co-Sponsor Rep. Deborah Mell
  4/14/2011SenateArrive in Senate
  4/14/2011SenatePlaced on Calendar Order of First Reading
  4/14/2011SenateChief Senate Sponsor Sen. William R. Haine
  4/14/2011SenateFirst Reading
  4/14/2011SenateReferred to Assignments
  5/4/2011SenateAssigned to Criminal Law
  5/11/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  5/11/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/11/2011SenateReported Back To Criminal Law; 003-000-000; Subcommittee on Special Issues
  5/11/2011SenateDo Pass Criminal Law; 007-000-000
  5/11/2011SenatePlaced on Calendar Order of 2nd Reading May 12, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/19/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  5/19/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/24/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/25/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 007-000-000
  5/25/2011SenateRecalled to Second Reading
  5/25/2011SenateSenate Floor Amendment No. 2 Adopted; Haine
  5/25/2011SenatePlaced on Calendar Order of 3rd Reading
  5/25/2011SenateThird Reading - Passed; 058-000-000
  5/25/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/25/2011HouseArrived in House
  5/25/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/25/2011HouseRemove Chief Co-Sponsor Rep. Daniel J. Burke
  5/25/2011HouseChief Sponsor Changed to Rep. Daniel J. Burke
  5/25/2011HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Daniel J. Burke
  5/25/2011HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/29/2011HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2011HouseSenate Floor Amendment No. 2 House Concurs 116-000-000
  5/31/2011HousePassed Both Houses
  6/29/2011HouseSent to the Governor
  8/25/2011HouseGovernor Approved
  8/25/2011HouseEffective Date January 1, 2012
  8/25/2011HousePublic Act . . . . . . . . . 97-0565

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