Public Act 097-0929
 
HB4523 EnrolledLRB097 16874 RLC 62247 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 Criminal Code of 1961 is amended  by changing 
Section 12-38 as follows:
 
    (720 ILCS 5/12-38)
    Sec. 12-38. Restrictions on purchase or acquisition of 
corrosive or caustic acid. 
    (a) A person seeking to purchase a substance which is 
regulated by Title 16 CFR Section 1500.129 of the Federal 
Caustic Poison Act and is required to contain the words "causes 
severe burns" as the affirmative statement of principal hazard 
on its label, must prior to taking possession:
        (1)  provide a valid driver's license or other 
    government-issued identification showing the person's 
    name, date of birth, and photograph; and
        (2)   sign a log documenting the name and address of the 
    person, date and time of the transaction, and the brand, 
    product name and net weight of the item.
    (b) Exemption.  The requirements of subsection (a) do not 
apply to batteries or household products.  For the purposes of 
this Section, "household product" means any product which is 
customarily produced or distributed for sale for consumption or 
use, or customarily stored, by individuals in or about the 
household, including, but not limited to, products which are 
customarily produced and distributed for use in or about a 
household as a cleaning agent, drain cleaner, pesticide, epoxy, 
paint, stain, or similar substance.
    (c)  Rules and Regulations.  The Illinois Department of State 
Police shall have the authority to promulgate rules for the 
implementation and enforcement of this Section.
    (d)  Sentence.  Any violation of this Section is a business 
offense for which a fine not exceeding $150 for the first 
violation, $500 for the second violation, or $1,500 for the 
third and subsequent violations within a 12-month period shall 
be imposed.
    (e) Preemption.  The regulation of the purchase or 
acquisition, or both, of a caustic or corrosive substance and 
any registry regarding the sale or possession, or both, of a 
caustic or corrosive substance is an exclusive power and 
function of the State.  A home rule unit may not regulate the 
purchase or acquisition of caustic or corrosive substances and 
any ordinance or local law contrary to this Section is declared 
void.  This is a denial and limitation of home rule powers and 
functions under subsection (h) of Section 6 of Article VII of 
the Illinois Constitution.

(Source: P.A. 97-565, eff. 1-1-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.