State of Illinois
91st General Assembly
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Public Act 91-0366

HB0252 Enrolled                               LRB9100824RCdvA

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 24.5-5 and 24.5-10.

    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 Sections 24.5-5 and 24.5-10 as follows:

    (720 ILCS 5/24.5-5)
    Sec.   24.5-5.  Unlawful   possession.   Any  person  who
possesses nitrous oxide or any substance  containing  nitrous
oxide,  with the intent to breathe, inhale, or ingest for the
purpose of causing  a  condition  of  intoxication,  elation,
euphoria,  dizziness,  stupefaction, or dulling of the senses
or for the purpose of, in any manner,  changing,  distorting,
or  disturbing the audio, visual, or mental processes, or who
knowingly and with the intent to do so is under the influence
of nitrous oxide or any material containing nitrous oxide  is
guilty  of  a  Class  A  misdemeanor.  A person who commits a
second or subsequent violation of this Section is guilty of a
Class 4 felony B misdemeanor.  This Section shall  not  apply
to  any person who is under the influence of nitrous oxide or
any  material  containing  nitrous  oxide  pursuant   to   an
administration  for  the  purpose  of  medical,  surgical, or
dental care by a person duly licensed to administer  such  an
agent.
(Source: P.A. 89-354, eff. 1-1-96.)

    (720 ILCS 5/24.5-10)
    Sec.  24.5-10.  Unlawful  manufacture or delivery sale or
distribution.
    Any person, firm,  corporation,  co-partnership,  limited
liability   company,   or   association   that  intentionally
manufactures,  delivers,  or   possesses   with   intent   to
manufacture  or  deliver sells, offers for sale, distributes,
or gives away nitrous oxide for any purpose prohibited  under
Section 24.5-5 is guilty of a Class 3 felony B misdemeanor.
(Source: P.A. 89-354, eff. 1-1-96.)

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