104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4328
 
Introduced 1/14/2026, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 
425 ILCS 60/3.1 new
425 ILCS 60/4  from Ch. 127 1/2, par. 804
    Amends the Smoke Detector Act. Bans, beginning December 31, 2027, the selling, offering for sale, or giving as a gift a smoke detector that is not designed to receive primary power from the building wiring or does not meet certain battery requirements set forth in the Act. Specifies that this does not prohibit manufacturing within the State and distributing, selling, offering for sale, or giving as a gift outside the State any smoke detector. Specifies that a person who violates this requirement is guilty of a petty offense and is subject to a fine. Defines "person" within certain provisions of the Act.


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A BILL FOR
 
HB4328LRB104 16304 BDA 29690 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Smoke Detector Act is amended by changing 
5Section 4 and by adding Section 3.1 as follows:
 
6    (425 ILCS 60/3.1 new)
7    Sec. 3.1. Non-approved smoke detectors banned. Beginning 
8December 31, 2027, it is unlawful for any person to sell, offer 
9for sale, or give as a gift within the State of Illinois any 
10smoke detector that does not meet the requirements of 
11subsection (e) of Section 3 of this Act. Nothing in this 
12Section shall prohibit any person from manufacturing within 
13the State and distributing, selling, offering for sale, or 
14giving as a gift outside the State any smoke detector that does 
15not meet the requirements of subsection (e) of Section 3 of 
16this Act. As used in this Section, "person" means an 
17individual, natural person, public or private corporation, 
18government, partnership, unincorporated association, or other 
19entity.
 
20    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
21    Sec. 4. (a) Except as provided in subsection (c), willful 
22failure to install or maintain in operating condition any 
 
 
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1smoke detector required by this Act shall be a Class B 
2misdemeanor.
3    (b) Except as provided in subsection (c), tampering with, 
4removing, destroying, disconnecting or removing the batteries 
5from any installed smoke detector, except in the course of 
6inspection, maintenance or replacement of the detector, shall 
7be a Class A misdemeanor in the case of a first conviction, and 
8a Class 4 felony in the case of a second or subsequent 
9conviction.
10    (c) A party in violation of the battery requirements of 
11subsection (e) of Section 3 of this Act shall be provided with 
1290 days' warning with which to rectify that violation. If that 
13party fails to rectify the violation within that 90-day 
14period, he or she may be assessed a fine of up to $100, and may 
15be fined $100 every 30 days thereafter until either the 
16violation is rectified or the cumulative amount of fines 
17assessed reaches $1,500. The provisions of subsection (a) and 
18(b) of this Section shall apply only after the penalty 
19provided under this subsection (c) has been exhausted to the 
20extent that a violating party has reached the $1,500 
21cumulative fine threshold and has failed to rectify the 
22violation. 
23    If the alleged violation has been corrected prior to or on 
24the date of the hearing scheduled to adjudicate the alleged 
25violation, then the violation shall be dismissed. 
26    (d) A person who violates Section 3.1 of this Act is guilty 
 
 
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1of a petty offense and is subject to a fine of at least $500 
2and not more than $1,000. 
3(Source: P.A. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.)