HB2060 97TH GENERAL ASSEMBLY

LRB097 08490 RLC 50831 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2060

Introduced , by Rep. Luis Arroyo

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 24.7 heading new
720 ILCS 5/24.7-5 new

Amends the Criminal Code of 1961. Provides that a person shall not sell or offer to sell an aerosol spray paint can to any person under 18 years of age. Provides that any person, before selling an aerosol spray paint can to a prospective purchaser, must demand and be shown by the prospective purchaser adequate written evidence of the age and identity of the purchaser issued by a federal, state, county, or municipal government, or a subdivision or agency of that government. Provides that a seller of an aerosol spray paint can who violates this provision is guilty of a Class A misdemeanor. Provides that a person who knowingly uses spray paint to damage, deface, deform, or destroy the property of another person without the consent of the owner of that property is guilty of a Class A misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding Article 24.7 as follows:

(720 ILCS 5/Art. 24.7 heading new)

ARTICLE 24.7. AEROSOL SPRAY PAINT CAN

(720 ILCS 5/24.7-5 new)

Sec. 24.7-5. Sale of an aerosol spray paint can to persons under 18 prohibited.

(a) A person shall not sell or offer to sell an aerosol spray paint can to any person under 18 years of age.

(b) The seller of an aerosol spray paint can, before selling the aerosol spray paint can to a prospective purchaser, shall demand adequate written evidence of identity of the prospective purchaser and of the fact that he or she is over the age of 18 years. Adequate written evidence of age and identity of the prospective purchaser is a document issued by a federal, state, county, or municipal government, or a subdivision or agency of that government, including, but not limited to, a motor vehicle operator's license, a state identification card, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces.

(c) Sentence.

(1) A seller of an aerosol spray paint can who violates this Section is guilty of a Class A misdemeanor.

(2) A person who knowingly uses spray paint to damage, deface, deform, or destroy the property of another person without the consent of the owner of that property is guilty of a Class A misdemeanor.