Illinois General Assembly - Full Text of SB1328

LRB104 11195 BDA 21277 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1328

Introduced 1/28/2025, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

425 ILCS 60/3.1 new
425 ILCS 60/4	from Ch. 127 1/2, par. 804

Amends the Smoke Detector Act. Bans the selling, offering for sale, or giving as a gift a smoke detector that is not designed to receive primary power from the building wiring or does not meet certain battery requirements set forth in the Act. Specifies that a person who violates this requirement is guilty of a petty offense and is subject to a fine.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Smoke Detector Act is amended by changing Section 4 and by adding Section 3.1 as follows:

(425 ILCS 60/3.1 new)

Sec. 3.1. Non-approved smoke detectors banned. It is unlawful for any person to sell, offer for sale, or give as a gift any smoke detector that is not designed to receive primary power from the building wiring or does not meet the battery requirements of subsection (e) of Section 3 of this Act.

(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)

Sec. 4. (a) Except as provided in subsection (c), willful failure to install or maintain in operating condition any smoke detector required by this Act shall be a Class B misdemeanor.

(b) Except as provided in subsection (c), tampering with, removing, destroying, disconnecting or removing the batteries from any installed smoke detector, except in the course of inspection, maintenance or replacement of the detector, shall be a Class A misdemeanor in the case of a first conviction, and a Class 4 felony in the case of a second or subsequent conviction.

(c) A party in violation of the battery requirements of subsection (e) of Section 3 of this Act shall be provided with 90 days' warning with which to rectify that violation. If that party fails to rectify the violation within that 90-day period, he or she may be assessed a fine of up to $100, and may be fined $100 every 30 days thereafter until either the violation is rectified or the cumulative amount of fines assessed reaches $1,500. The provisions of subsection (a) and (b) of this Section shall apply only after the penalty provided under this subsection (c) has been exhausted to the extent that a violating party has reached the $1,500 cumulative fine threshold and has failed to rectify the violation.

If the alleged violation has been corrected prior to or on the date of the hearing scheduled to adjudicate the alleged violation, then the violation shall be dismissed.

(d) A person who violates Section 3.1 of this Act is guilty of a petty offense and is subject to a fine of at least $500 and not more than $1,000.

(Source: P.A. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.)