HB2193 EngrossedLRB097 09104 RLC 49239 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by adding
5Sections 12-37 and 12-38 as follows:
6    (720 ILCS 5/12-37 new)
7    Sec. 12-37. Possession and sale of caustic and noxious
9    (a) Except as provided in subsection (b), it is unlawful
10for any person knowingly to have in his or her possession or to
11carry about any of the substances which are regulated by Title
1216 CFR Section 1500.129 of the Federal Caustic Poison Act and
13are required to contain the words "causes severe burns" as the
14affirmative statement of principal hazard on its label.
15    (b) The restrictions of subsection (a) do not apply to:
16        (1) persons while engaged in the legitimate commercial
17    manufacture, distribution, storage, or use of the
18    specified substances;
19        (2) persons while engaged in legitimate scientific or
20    medical research, study, teaching or treatment involving
21    the use of such substances, including without limitation
22    physicians, pharmacists, scientists, teachers, students,
23    and employees of regularly established laboratories,



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1    manufacturing and wholesale pharmacies, retail pharmacies,
2    medical treatment facilities, schools, colleges, and
3    universities;
4        (3) persons who have procured any of the specified
5    substances for medicinal purposes upon a prescription of a
6    physician licensed to practice medicine in all its branches
7    under the Medical Practice Act of 1987;
8        (4) commercial or consumer products that contain any of
9    the specified substances found in subsection (a)
10    including, but not limited to, batteries;
11        (5) production agriculture as defined in Section 3-5 of
12    the Use Tax Act; or
13        (6) persons while engaged in the sale, possession,
14    transportation, or use for its intended commercial purpose
15    of a commercial product containing any of the substances
16    specified in subsection (a), provided that the product is
17    not used to threaten, intimidate, injure, or cause distress
18    to another.
19    (c) Sentence. A violation of this Section is a Class 4
21    (d) The regulation of the possession and carrying of
22caustic and noxious substances under this Section is an
23exclusive power and function of the State. A home rule unit may
24not regulate the possession and carrying of caustic and noxious
25substances and any ordinance or local law contrary to this
26Section is declared void. This is a denial and limitation of



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1home rule powers and functions under subsection (h) of Section
26 of Article VII of the Illinois Constitution.
3    (720 ILCS 5/12-38 new)
4    Sec. 12-38. Restrictions on purchase or acquisition of
5corrosive or caustic acid.
6    (a) A person seeking to purchase a substance which is
7regulated by Title 16 CFR Section 1500.129 of the Federal
8Caustic Poison Act and is required to contain the words "causes
9severe burns" as the affirmative statement of principal hazard
10on its label, must prior to taking possession:
11        (1) provide a valid driver's license or other
12    government-issued identification showing the person's
13    name, date of birth, and photograph; and
14        (2) sign a log documenting the name and address of the
15    person, date and time of the transaction, and the brand,
16    product name and net weight of the item.
17    (b) Exemption. The requirements of subsection (a) do not
18apply to batteries.
19    (c) Rules and Regulations. The Illinois Department of State
20Police shall have the authority to promulgate rules for the
21implementation and enforcement of this Section.
22    (d) Sentence. Any violation of this Section is a business
23offense for which a fine not exceeding $1,500 may be imposed.
24    (e) Preemption. The regulation of the purchase or
25acquisition, or both, of a caustic or corrosive substance and



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1any registry regarding the sale or possession, or both, of a
2caustic or corrosive substance is an exclusive power and
3function of the State. A home rule unit may not regulate the
4purchase or acquisition of caustic or corrosive substances and
5any ordinance or local law contrary to this Section is declared
6void. This is a denial and limitation of home rule powers and
7functions under subsection (h) of Section 6 of Article VII of
8the Illinois Constitution.