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| [ Senate Amendment 001 ] |
91_HB0376
LRB9100710RCksA
1 AN ACT in relation to anhydrous ammonia.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 adding Section 21-1.5 as follows:
6 (720 ILCS 5/21-1.5 new)
7 Sec. 21-1.5. Anhydrous ammonia equipment, containers,
8 and facilities.
9 (a) It is unlawful for any person to tamper with
10 anhydrous ammonia equipment, containers, or storage
11 facilities.
12 (b) Tampering with anhydrous ammonia equipment,
13 containers, or storage facilities occurs when any person who
14 is not authorized by the owner of the anhydrous ammonia,
15 anhydrous ammonia equipment, storage containers, or storage
16 facilities transfers or attempts to transfer anhydrous
17 ammonia to another container, causes damage to the anhydrous
18 ammonia equipment, storage container, or storage facility or
19 vents anhydrous ammonia into the environment.
20 For purposes of this Section:
21 "Anhydrous ammonia" means the compound defined in
22 paragraph (d) of Section 3 of the Illinois Fertilizer Act of
23 1961.
24 "Anhydrous ammonia equipment", "anhydrous ammonia storage
25 containers", and "anhydrous ammonia storage facilities" are
26 defined in rules adopted under the Illinois Fertilizer Act of
27 1961.
28 (c) Sentence. A violation of this Section is a Class A
29 misdemeanor.
30 Section 10. The Illinois Controlled Substances Act is
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1 amended by changing Section 401.5 as follows:
2 (720 ILCS 570/401.5)
3 Sec. 401.5. Chemical breakdown of illicit controlled
4 substance.
5 (a) It is unlawful for any person to manufacture a
6 controlled substance prohibited by this Act by chemically
7 deriving the controlled substance from one or more other
8 controlled substances prohibited by this Act.
9 (a-5) It is unlawful for any person to possess any
10 substance with the intent to use the substance to facilitate
11 the manufacture of any controlled or counterfeit substance or
12 controlled substance analog other than as authorized by this
13 Act.
14 (a-6) It is unlawful for any person to tamper with
15 anhydrous ammonia equipment for the purposes identified in
16 subsection (a-5) of this Section. Tampering with anhydrous
17 ammonia equipment occurs when any person who is not
18 authorized by the owner of the anhydrous ammonia or anhydrous
19 ammonia equipment transfers or attempts to transfer anhydrous
20 ammonia to another container or causes damage to anhydrous
21 ammonia equipment. For purposes of this Section, "anhydrous
22 ammonia" means the compound defined in paragraph (d) of
23 Section 3 of the Illinois Fertilizer Act of 1961.
24 (b) A violation of this Section is a Class 4 felony.
25 (Source: P.A. 90-775, eff. 1-1-99.)
26 Section 15. The Code of Civil Procedure is amended by
27 adding Section 2-1119 as follows:
28 (735 ILCS 5/2-1119 new)
29 Sec. 2-1119. Tampering with anhydrous ammonia equipment.
30 (a) A person tampering with anhydrous ammonia equipment
31 in violation of subsection (a-6) of Section 401.5 of the
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1 Illinois Controlled Substances Act does not have a cause of
2 action against the owner of the equipment, any person
3 responsible for the installation or operation of the
4 equipment, the person lawfully selling anhydrous ammonia, the
5 person who lawfully purchases anhydrous ammonia for
6 agricultural purposes, or the person who operates or uses
7 anhydrous ammonia equipment when lawfully applying anhydrous
8 ammonia for agricultural purposes.
9 (b) No person may commence a derivative action against
10 the owner of anhydrous ammonia equipment, any person
11 responsible for the installation or operation of the
12 equipment, the person lawfully selling anhydrous ammonia, the
13 person who lawfully purchases anhydrous ammonia for
14 agricultural purposes, or the person who operates or uses
15 anhydrous ammonia equipment when lawfully applying anhydrous
16 ammonia for agricultural purposes when the injured person has
17 tampered with anhydrous ammonia equipment in violation of
18 subsection (a-6) of Sec. 401.5 of the Illinois Controlled
19 Substances Act.
20 (c) Tampering with anhydrous ammonia equipment occurs
21 when any person who is not authorized by the owner of the
22 anhydrous ammonia or anhydrous ammonia equipment transfers or
23 attempts to transfer anhydrous ammonia to another container
24 or causes damage to anhydrous ammonia equipment.
25 (d) For purposes of this Section, "anhydrous ammonia"
26 means the compound defined in paragraph (d) of Section 3 of
27 the Illinois Fertilizer Act of 1961.