HB2193 EnrolledLRB097 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) Provided that the product is not used to threaten,
16intimidate, injure, or cause distress to another, the
17restrictions of subsection (a) do not apply to:
18        (1) persons while engaged in the legitimate commercial
19    manufacture, distribution, storage, or use of the
20    specified substances;
21        (2) persons while engaged in legitimate scientific or
22    medical research, study, teaching or treatment involving
23    the use of such substances, including without limitation



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1    physicians, pharmacists, scientists, teachers, students,
2    and employees of regularly established laboratories,
3    manufacturing and wholesale pharmacies, retail pharmacies,
4    medical treatment facilities, schools, colleges, and
5    universities;
6        (3) persons who have procured any of the specified
7    substances for medicinal purposes upon a prescription of a
8    physician licensed to practice medicine in all its branches
9    under the Medical Practice Act of 1987;
10        (4) commercial or consumer products that contain any of
11    the specified substances found in subsection (a)
12    including, but not limited to, batteries;
13        (5) production agriculture as defined in Section 3-5 of
14    the Use Tax Act;
15        (6) persons while engaged in the possession or
16    transportation, or both, of a commercial product
17    containing any of the substances specified in subsection
18    (a) for retail sale;
19        (7) persons while engaged in the possession,
20    transportation, or use, unrelated to a retail sale, of any
21    of the substances specified in subsection (a); or
22        (8) persons engaged in the possession, transportation,
23    or use of a commercial product containing any of the
24    substances specified in subsection (a).
25    (c) Sentence. A violation of this Section is a Class 4



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1    (d) The regulation of the possession and carrying of
2caustic and noxious substances under this Section is an
3exclusive power and function of the State. A home rule unit may
4not regulate the possession and carrying of caustic and noxious
5substances and any ordinance or local law contrary to this
6Section is declared void. This is a denial and limitation of
7home rule powers and functions under subsection (h) of Section
86 of Article VII of the Illinois Constitution.
9    (720 ILCS 5/12-38 new)
10    Sec. 12-38. Restrictions on purchase or acquisition of
11corrosive or caustic acid.
12    (a) A person seeking to purchase a substance which is
13regulated by Title 16 CFR Section 1500.129 of the Federal
14Caustic Poison Act and is required to contain the words "causes
15severe burns" as the affirmative statement of principal hazard
16on its label, must prior to taking possession:
17        (1) provide a valid driver's license or other
18    government-issued identification showing the person's
19    name, date of birth, and photograph; and
20        (2) sign a log documenting the name and address of the
21    person, date and time of the transaction, and the brand,
22    product name and net weight of the item.
23    (b) Exemption. The requirements of subsection (a) do not
24apply to batteries.
25    (c) Rules and Regulations. The Illinois Department of State



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1Police shall have the authority to promulgate rules for the
2implementation and enforcement of this Section.
3    (d) Sentence. Any violation of this Section is a business
4offense for which a fine not exceeding $150 for the first
5violation, $500 for the second violation, or $1,500 for the
6third and subsequent violations within a 12-month period shall
7be imposed.
8    (e) Preemption. The regulation of the purchase or
9acquisition, or both, of a caustic or corrosive substance and
10any registry regarding the sale or possession, or both, of a
11caustic or corrosive substance is an exclusive power and
12function of the State. A home rule unit may not regulate the
13purchase or acquisition of caustic or corrosive substances and
14any ordinance or local law contrary to this Section is declared
15void. This is a denial and limitation of home rule powers and
16functions under subsection (h) of Section 6 of Article VII of
17the Illinois Constitution.
18    Section 99. Effective date. This Act takes effect January
191, 2012.