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90_SB1063
720 ILCS 5/Art. 24.6 heading new
720 ILCS 5/24.6-5 new
720 ILCS 5/24.6-10 new
Amends the Criminal Code of 1961. Provides that the
Director of Public Health shall promulgate rules for the
establishment of standards for testing and certifying
graffiti-proof containers. Provides for the approval by the
Director of Public Health of aerosol spray paint containers
that are graffiti-proof. Provides that 6 months after
approval by the Director of Public Health, it is unlawful to
sell or furnish aerosol spray paint that is not contained in
a graffiti-proof container. Establishes exemptions.
Effective immediately.
LRB9003387RCks
LRB9003387RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Article 24.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Article 24.6 as follows:
7 (720 ILCS 5/Art. 24.6 heading new)
8 ARTICLE 24.6. GRAFFITI-PROOF CONTAINERS
9 (720 ILCS 5/24.6-5 new)
10 Sec. 24.6-5. Definitions. As used in this Article:
11 "Graffiti-proof container" means any aerosol spray paint
12 container designed or constructed to be significantly
13 difficult for persons to create graffiti, in a manner that
14 severely limits the ability of persons to use spray paint in
15 public or on the property of another without consent, yet
16 allows for the product's lawfully intended use in or near
17 homes or places of business.
18 "Graffiti" means inscriptions, drawings, lettering or
19 designs which are painted, sprayed, or placed on a surface
20 without the consent of the owner so as to be seen by the
21 public.
22 (720 ILCS 5/24.6-10 new)
23 Sec. 24.6-10. Prohibition against sale of aerosol spray
24 paint not stored in graffiti-proof containers.
25 (a) The Director of Public Health, or his or her
26 designee, shall within 180 days after the effective date of
27 this amendatory Act of 1997 and after consultation with
28 interested parties and qualified professionals, promulgate
29 rules under the Illinois Administrative Procedure Act,
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1 necessary to effectuate the provisions of this Article,
2 including, but not limited to:
3 (1) policies regarding exemptions from this Article
4 and the establishment of standards for the testing and
5 certification of graffiti-proof containers; and
6 (2) within 240 days after the effective date of
7 this amendatory Act of 1997 authorize a laboratory,
8 engineering firm, university, commission or other
9 qualified entity or persons to test and certify
10 graffiti-proof containers.
11 (b) Eighteen months after promulgation, all certified
12 products shall be evaluated for final approval by the
13 Director of Public Health for the purpose of insuring that
14 the products meet the intent of this Article.
15 (c) Six months after certification by the Director of
16 Public Health, no person shall knowingly:
17 (1) Sell, offer to sell, give, or in any way
18 furnish to another person for use or consumption in this
19 State, any aerosol spray paint which is not contained in
20 a graffiti-proof container, except to those business
21 enterprises or governmental entities granted an exemption
22 from this Article;
23 (2) except for manufacturers and distributors
24 selling to persons outside of this State, or selling to a
25 business enterprise or governmental entity granted an
26 exemption from this Act, carry or ship into this State or
27 possess in this State any aerosol spray paint which does
28 not meet the standards promulgated by the Department of
29 Public Health; or
30 (3) tamper with, alter, convert, or modify any
31 graffiti-proof container of paint or its appurtenances
32 and attachments so that it may be operated in a manner
33 that circumvents the intent of this Act.
34 (d) Sentence. A person who knowingly violates any
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1 provision of this Article is guilty of a petty offense and
2 shall be fined $500 for the first offense. A person who
3 commits a second or subsequent violation of this Article is
4 guilty of a business offense and shall be fined $1,000 for
5 each subsequent offense.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.