HB4764 103RD GENERAL ASSEMBLY

LRB103 35919 RLC 66950 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4764

Introduced 2/6/2024, by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24.5-10

Amends the Criminal Code of 2012. Provides that the sale or consumption of nitrous oxide is prohibited on the premises of any business whose gross revenues exceed 50% from the sale of alcoholic liquor, tobacco products, electronic cigarettes, or alternative nicotine products. Provides that a violation is a Class 3 felony. Exempts the sale or consumption of food items containing nitrous oxide. Defines terms.

A BILL FOR

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 2012 is amended by changing Section 24.5-10 as follows:

(720 ILCS 5/24.5-10)

Sec. 24.5-10. Unlawful manufacture, sale, distribution, or delivery, or consumption.

(a) In this Section:

"Alcoholic liquor" has the meaning given the term in Section 1-3.05 of the Liquor Control Act of 1934.

"Tobacco product", "electronic cigarette", and "alternative nicotine product" have the meanings given those terms in subsection (a-9) of Section 1 of the Prevention of Tobacco Use by Persons under 21 years of Age and Sale and Distribution of Tobacco Products Act.

(b) Any person, firm, corporation, co-partnership, limited liability company, or association that intentionally manufactures, delivers, or possesses with intent to manufacture or deliver nitrous oxide for any purpose prohibited under Section 24.5-5 is guilty of a Class 3 felony.

(c) The sale or consumption of nitrous oxide is prohibited on the premises of any business whose gross revenues exceed 50% from the sale of alcoholic liquor, tobacco products, electronic cigarettes, or alternative nicotine products. A violation of this subsection (c) is a Class 3 felony.

(d) Subsection (c) does not apply to the sale or consumption of food products containing nitrous oxide.

(Source: P.A. 91-366, eff. 1-1-00.)