Public Act 095-0690
 		





SB0274 Enrolled
LRB095 10521 RLC 30737 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Methamphetamine Control and Community 
Protection Act is amended  by changing Section 25 as follows:
 
    (720 ILCS 646/25)

    Sec. 25. Anhydrous ammonia.  
    (a) Possession, procurement, transportation, storage, or 
delivery of anhydrous ammonia with the intent that it be used 
to manufacture methamphetamine.
        
        (1) It is unlawful to knowingly engage in the 
    possession, procurement, transportation, storage, or 
    delivery of anhydrous ammonia or to attempt to engage in 
    any of these activities or to assist another in engaging in 
    any of these activities with the intent that the anhydrous 
    ammonia be used to manufacture methamphetamine.
        
        (2) A person who violates paragraph (1) of this 
    subsection
    (a) is guilty of a Class 1 felony.
    
    (b) Aggravated possession, procurement, transportation, 
storage, or delivery of anhydrous ammonia with the intent that 
it be used to manufacture methamphetamine.
        
        (1) It is unlawful to knowingly engage in the 
    aggravated possession, procurement, transportation, 
    storage, or delivery of anhydrous ammonia with the intent 
    that it be used to manufacture methamphetamine. A person 
    commits this offense when the person engages in the 
    possession, procurement, transportation, storage, or 
    delivery of anhydrous ammonia or attempts to engage in any 
    of these activities or assists another in engaging in any 
    of these activities  with the intent that the anhydrous 
    ammonia be used to manufacture methamphetamine and:
            
            (A) the person knowingly does so in a multi-unit 
        dwelling;
            
            (B) the person knowingly does so in a structure or 
        vehicle where a child under the age of 18, or a person 
        with a disability, or a person who is 60 years of age 
        or older who is incapable of adequately providing for 
        his or her own health and personal care resides, is 
        present, or is endangered by the anhydrous ammonia;
            
            (C) the person's possession, procurement, 
        transportation, storage, or delivery of anhydrous 
        ammonia is a contributing cause of the death, serious 
        bodily injury, disability, or disfigurement of another 
        person; or
            
            (D) the person's possession, procurement, 
        transportation, storage, or delivery of anhydrous 
        ammonia is a contributing cause of a fire or explosion 
        that damages property belonging to another person.
        
        (2) A person who violates paragraph (1) of this 
    subsection (b) is guilty of a Class X felony, subject to a 
    term of imprisonment of not less than 6 years and not more 
    than 30 years, and subject to a fine not to exceed 
    $100,000.
    
    (c) Possession, procurement, transportation, storage, or 
delivery of anhydrous ammonia in an unauthorized container.
        
        (1) It is unlawful to knowingly possess, procure, 
    transport, store, or deliver anhydrous ammonia in an 
    unauthorized container.
        
        (1.5) It is unlawful to attempt to possess, procure, 
    transport, store, or deliver anhydrous ammonia in an 
    unauthorized container.

        (2) A person who violates paragraph (1) of this 
    subsection (c) is guilty of a Class 3 felony.
        A person who 
    violates paragraph (1.5) of this subsection (c) is guilty 
    of a Class 4 felony.

        (3) Affirmative defense. It is an affirmative defense 
    that the person charged possessed, procured, transported, 
    stored, or delivered anhydrous ammonia in a manner that 
    substantially complied with the rules governing     anhydrous 
    ammonia equipment found in 8 Illinois Administrative Code 
    Section 215, in 92 Illinois Administrative Code Sections 
    171 through 180, or in any     provision of the Code of Federal 
    Regulations incorporated by reference into these Sections 
    of the Illinois Administrative Code.
    
    (d) Tampering with anhydrous ammonia equipment.
        
        (1) It is unlawful to knowingly tamper with anhydrous 
    ammonia equipment. A person tampers with anhydrous ammonia 
    equipment when, without authorization from the lawful 
    owner, the person:
            
            (A) removes or attempts to remove anhydrous 
        ammonia from the anhydrous ammonia equipment used by 
        the lawful owner;
            
            (B) damages or attempts to damage the anhydrous 
        ammonia equipment used by the lawful owner; or
            
            (C) vents or attempts to vent anhydrous ammonia
        
        into the environment.
        
        (2) A person who violates paragraph (1) of this 
    subsection (d) is guilty of a Class 3 felony.


(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 

    Section 99. Effective date. This Act takes effect January 
1, 2008.