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| | HB4523 Engrossed | | LRB097 16874 RLC 62247 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 12-38 as follows:
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| 6 | | (720 ILCS 5/12-38) |
| 7 | | Sec. 12-38. Restrictions on purchase or acquisition of |
| 8 | | corrosive or caustic acid. |
| 9 | | (a) A person seeking to purchase a substance which is |
| 10 | | regulated by Title 16 CFR Section 1500.129 of the Federal |
| 11 | | Caustic Poison Act and is required to contain the words "causes |
| 12 | | severe burns" as the affirmative statement of principal hazard |
| 13 | | on its label, must prior to taking possession: |
| 14 | | (1) provide a valid driver's license or other |
| 15 | | government-issued identification showing the person's |
| 16 | | name, date of birth, and photograph; and |
| 17 | | (2) sign a log documenting the name and address of the |
| 18 | | person, date and time of the transaction, and the brand, |
| 19 | | product name and net weight of the item. |
| 20 | | (b) Exemption. The requirements of subsection (a) do not |
| 21 | | apply to batteries or household products. For the purposes of |
| 22 | | this Section, "household product" means any product which is |
| 23 | | customarily produced or distributed for sale for consumption or |
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| | HB4523 Engrossed | - 2 - | LRB097 16874 RLC 62247 b |
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| 1 | | use, or customarily stored, by individuals in or about the |
| 2 | | household, including, but not limited to, products which are |
| 3 | | customarily produced and distributed for use in or about a |
| 4 | | household as a cleaning agent, drain cleaner, pesticide, epoxy, |
| 5 | | paint, stain, or similar substance. |
| 6 | | (c) Rules and Regulations. The Illinois Department of State |
| 7 | | Police shall have the authority to promulgate rules for the |
| 8 | | implementation and enforcement of this Section. |
| 9 | | (d) Sentence. Any violation of this Section is a business |
| 10 | | offense for which a fine not exceeding $150 for the first |
| 11 | | violation, $500 for the second violation, or $1,500 for the |
| 12 | | third and subsequent violations within a 12-month period shall |
| 13 | | be imposed. |
| 14 | | (e) Preemption. The regulation of the purchase or |
| 15 | | acquisition, or both, of a caustic or corrosive substance and |
| 16 | | any registry regarding the sale or possession, or both, of a |
| 17 | | caustic or corrosive substance is an exclusive power and |
| 18 | | function of the State. A home rule unit may not regulate the |
| 19 | | purchase or acquisition of caustic or corrosive substances and |
| 20 | | any ordinance or local law contrary to this Section is declared |
| 21 | | void. This is a denial and limitation of home rule powers and |
| 22 | | functions under subsection (h) of Section 6 of Article VII of |
| 23 | | the Illinois Constitution.
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| 24 | | (Source: P.A. 97-565, eff. 1-1-12.)
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| 25 | | Section 99. Effective date. This Act takes effect upon |
| 26 | | becoming law.
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