Illinois General Assembly - Full Text of Public Act 097-0929
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Public Act 097-0929


 

Public Act 0929 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0929
 
HB4523 EnrolledLRB097 16874 RLC 62247 b

    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 1961 is amended by changing
Section 12-38 as follows:
 
    (720 ILCS 5/12-38)
    Sec. 12-38. Restrictions on purchase or acquisition of
corrosive or caustic acid.
    (a) 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.
    (b) Exemption. The requirements of subsection (a) do not
apply to batteries or household products. For the purposes of
this Section, "household product" means any product which is
customarily produced or distributed for sale for consumption or
use, or customarily stored, by individuals in or about the
household, including, but not limited to, products which are
customarily produced and distributed for use in or about a
household as a cleaning agent, drain cleaner, pesticide, epoxy,
paint, stain, or similar substance.
    (c) Rules and Regulations. The Illinois Department of State
Police shall have the authority to promulgate rules for the
implementation and enforcement of this Section.
    (d) Sentence. Any violation of this Section is a business
offense for which a fine not exceeding $150 for the first
violation, $500 for the second violation, or $1,500 for the
third and subsequent violations within a 12-month period shall
be imposed.
    (e) Preemption. The regulation of the purchase or
acquisition, or both, of a caustic or corrosive substance and
any registry regarding the sale or possession, or both, of a
caustic or corrosive substance is an exclusive power and
function of the State. A home rule unit may not regulate the
purchase or acquisition of caustic or corrosive substances and
any ordinance or local law contrary to this Section is declared
void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2012