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91_HB0376eng
HB0376 Engrossed 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, containers, or storage
16 facilities for the purposes identified in subsection (a-5) of
17 this Section. Tampering with anhydrous ammonia equipment,
18 containers, or storage facilities occurs when any person who
19 is not authorized by the owner of the anhydrous ammonia,
20 anhydrous ammonia equipment, containers, or storage
21 facilities transfers or attempts to transfer anhydrous
22 ammonia to another container or causes damage to anhydrous
23 ammonia equipment, containers, or storage facilities.
24 For purposes of this Section:
25 "Anhydrous ammonia" means the compound defined in
26 paragraph (d) of Section 3 of the Illinois Fertilizer Act of
27 1961.
28 "Anhydrous ammonia equipment", "anhydrous ammonia storage
29 containers", and "anhydrous ammonia storage facilities" are
30 defined in the rules adopted under the Illinois Fertilizer
31 Act of 1961.
32 (b) A violation of this Section is a Class 4 felony.
33 (Source: P.A. 90-775, eff. 1-1-99.)
HB0376 Engrossed -3- LRB9100710RCksA
1 Section 15. The Code of Civil Procedure is amended by
2 adding Section 2-1119 as follows:
3 (735 ILCS 5/2-1119 new)
4 Sec. 2-1119. Tampering with anhydrous ammonia equipment,
5 containers, or storage facilities.
6 (a) A person tampering with anhydrous ammonia equipment,
7 containers, or storage facilities in violation of subsection
8 (a-6) of Section 401.5 of the Illinois Controlled Substances
9 Act does not have a cause of action against the owner of the
10 equipment, containers, or storage facilities, any person
11 responsible for the installation or operation of the
12 equipment, containers, or storage facilities, the person
13 lawfully selling anhydrous ammonia, the person who lawfully
14 purchases anhydrous ammonia for agricultural purposes, or the
15 person who operates or uses anhydrous ammonia equipment,
16 containers, or storage facilities when lawfully applying
17 anhydrous ammonia for agricultural purposes.
18 (b) No person may commence a derivative action against
19 the owner of anhydrous ammonia equipment, containers, or
20 storage facilities, any person responsible for the
21 installation or operation of the equipment, containers, or
22 storage facilities, the person lawfully selling anhydrous
23 ammonia, the person who lawfully purchases anhydrous ammonia
24 for agricultural purposes, or the person who operates or uses
25 anhydrous ammonia equipment, containers, or storage
26 facilities when lawfully applying anhydrous ammonia for
27 agricultural purposes when the injured person has tampered
28 with anhydrous ammonia equipment, containers, or storage
29 facilities, in violation of subsection (a-6) of Sec. 401.5 of
30 the Illinois Controlled Substances Act.
31 (c) Tampering with anhydrous ammonia equipment,
32 containers, or storage facilities occurs when any person who
33 is not authorized by the owner of the anhydrous ammonia or
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1 anhydrous ammonia equipment, containers, or storage
2 facilities transfers or attempts to transfer anhydrous
3 ammonia to another container or causes damage to anhydrous
4 ammonia equipment, containers, or storage facilities.
5 (d) For purposes of this Section:
6 "Anhydrous ammonia" means the compound defined in
7 paragraph (d) of Section 3 of the Illinois Fertilizer Act of
8 1961.
9 "Anhydrous ammonia equipment", "anhydrous ammonia storage
10 containers", and "anhydrous ammonia storage facilities" are
11 defined in the rules adopted under the Illinois Fertilizer
12 Act of 1961.
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