104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1328
 
Introduced 1/28/2025, by Sen. Julie A. Morrison
 
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 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 a person who violates this requirement is guilty of a petty offense and is subject to a fine.


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A BILL FOR
 
SB1328LRB104 11195 BDA 21277 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. It is 
8unlawful for any person to sell, offer for sale, or give as a 
9gift any smoke detector that is not designed to receive 
10primary power from the building wiring or does not meet the 
11battery requirements of subsection (e) of Section 3 of this 
12Act.
 
13    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
14    Sec. 4. (a) Except as provided in subsection (c), willful 
15failure to install or maintain in operating condition any 
16smoke detector required by this Act shall be a Class B 
17misdemeanor.
18    (b) Except as provided in subsection (c), tampering with, 
19removing, destroying, disconnecting or removing the batteries 
20from any installed smoke detector, except in the course of 
21inspection, maintenance or replacement of the detector, shall 
22be a Class A misdemeanor in the case of a first conviction, and 
 
 
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1a Class 4 felony in the case of a second or subsequent 
2conviction.
3    (c) A party in violation of the battery requirements of 
4subsection (e) of Section 3 of this Act shall be provided with 
590 days' warning with which to rectify that violation. If that 
6party fails to rectify the violation within that 90-day 
7period, he or she may be assessed a fine of up to $100, and may 
8be fined $100 every 30 days thereafter until either the 
9violation is rectified or the cumulative amount of fines 
10assessed reaches $1,500. The provisions of subsection (a) and 
11(b) of this Section shall apply only after the penalty 
12provided under this subsection (c) has been exhausted to the 
13extent that a violating party has reached the $1,500 
14cumulative fine threshold and has failed to rectify the 
15violation. 
16    If the alleged violation has been corrected prior to or on 
17the date of the hearing scheduled to adjudicate the alleged 
18violation, then the violation shall be dismissed. 
19    (d) A person who violates Section 3.1 of this Act is guilty 
20of a petty offense and is subject to a fine of at least $500 
21and not more than $1,000. 
22(Source: P.A. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.)