Illinois General Assembly - Full Text of Public Act 099-0060
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Public Act 099-0060





Public Act 099-0060
HB3152 EnrolledLRB099 10168 MGM 30391 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
adding Section 22.58 as follows:
    (415 ILCS 5/22.58 new)
    Sec. 22.58. Drug destruction by law enforcement agency.
(a) For purposes of this Section:
        "Drug destruction device" means a device that is (i)
    designed by its manufacturer to destroy drug evidence and
    render it non-retrievable and (ii) used exclusively for
    that purpose.
        "Drug evidence" means any illegal drug collected as
    evidence by a law enforcement agency. "Drug evidence" does
    not include hazardous waste.
        "Illegal drug" means any one or more of the following
    when obtained without a prescription or otherwise in
    violation of the law:
            (1) any substance as defined and included in the
        Schedules of Article II of the Illinois Controlled
        Substances Act;
            (2) any cannabis as defined in Section 3 of the
        Cannabis Control Act; or
            (3) any drug as defined in paragraph (b) of Section
        3 of the Pharmacy Practice Act.
        "Law enforcement agency" means an agency of this State
    or unit of local government that is vested by law or
    ordinance with the duty to maintain public order and to
    enforce criminal laws or ordinances.
        "Non-retrievable" means the condition or state
    following a process that permanently alters the illegal
    drug's physical or chemical condition or state through
    irreversible means and thereby renders the illegal drug
    unavailable and unusable for all practical purposes.
    (b) To the extent allowed under federal law, drug evidence
that is placed into a drug destruction device by a law
enforcement agency at the location where the evidence is stored
by the agency and that is destroyed under the supervision of
the agency in accordance with the specifications of the device
manufacturer shall not be considered discarded or a waste under
this Act until it is rendered non-retrievable.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/16/2015