DONAHUE, LUECHTEFELD, DEMUZIO AND WELCH.
Synopsis of Bill as introduced:
Amends the Criminal Code of 1961. Provides that it is a Class A
misdemeanor to tamper with anhydrous ammonia equipment, containers, or
storage facilities. Amends the Illinois Controlled Substances Act.
Provides that it is a Class 4 felony to tamper with anhydrous ammonia
equipment for the purpose of possessing anhydrous ammonia with the
intent to use it to facilitate the manufacture of a controlled or
counterfeit substance or controlled substance analog. Amends the Code
of Civil Procedure. Provides that a person who tampers with anhydrous
ammonia equipment does not have a cause of action against the owner of
the equipment, any person responsible for the installation or
operation of the equipment, the person lawfully selling anhydrous
ammonia, the person who lawfully purchases anhydrous ammonia for
agricultural purposes, or the person who operates or uses anhydrous
ammonia equipment when lawfully applying anhydrous ammonia for
agricultural purposes. Provides that an injured person who tampers
with anhydrous ammonia equipment for the purpose of possessing
anhydrous ammonia with the intent to use it to facilitate the
manufacture of a controlled or counterfeit substance or controlled
substance analog may not bring a derivative action against the owner,
installer, operator, seller, purchaser for agricultural purposes,
operator, or user of the anhydrous ammonia equipment.
SENATE AMENDMENT NO. 1.
Deletes reference to:
720 ILCS 5/21-1.5 new
720 ILCS 570/401.5
Deletes the amendatory changes to the Criminal Code of 1961 and
to the Illinois Controlled Substances Act. In the amendatory changes
to the Code of Civil Procedure includes tampering with anhydrous
ammonia containers and storage facilities as a basis for granting
immunity to the owner or operator of the containers or storage
facilities. Provides that the immunity does not apply to an act or
omission caused by willful or wanton negligence. Deletes reference to
the Illinois Controlled Substances Act in the immunity Section added
to the Code of Civil Procedure.
JUDICIAL NOTE (Administrative Office of Ill. Courts)
There would be no increase in the number of judges needed.
FISCAL NOTE (Department of Agriculture)
There is no fiscal impact.
Last action on Bill: PUBLIC ACT.............................. 91-0263
Last action date: 99-07-23
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1
END OF INQUIRY
Full Text Bill Status