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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Environmental Protection Act is amended by | ||||||
| 5 | adding Section 22.58 as follows: | ||||||
| 6 | (415 ILCS 5/22.58 new) | ||||||
| 7 | Sec. 22.58. Drug destruction by law enforcement agency.
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| 8 | (a) For purposes of this Section: | ||||||
| 9 | "Drug destruction device" means a device that is (i) | ||||||
| 10 | designed by its manufacturer to destroy drug evidence and | ||||||
| 11 | render it non-retrievable and (ii) used exclusively for | ||||||
| 12 | that purpose. | ||||||
| 13 | "Drug evidence" means any illegal drug collected as | ||||||
| 14 | evidence by a law enforcement agency. "Drug evidence" does | ||||||
| 15 | not include hazardous waste. | ||||||
| 16 | "Illegal drug" means any one or more of the following | ||||||
| 17 | when obtained without a prescription or otherwise in | ||||||
| 18 | violation of the law: | ||||||
| 19 | (1) any substance as defined and included in the | ||||||
| 20 | Schedules of Article II of the Illinois Controlled | ||||||
| 21 | Substances Act; | ||||||
| 22 | (2) any cannabis as defined in Section 3 of the | ||||||
| 23 | Cannabis Control Act; or | ||||||
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| 1 | (3) any drug as defined in paragraph (b) of Section | ||||||
| 2 | 3 of the Pharmacy Practice Act. | ||||||
| 3 | "Law enforcement agency" means an agency of this State | ||||||
| 4 | or unit of local government that is vested by law or | ||||||
| 5 | ordinance with the duty to maintain public order and to | ||||||
| 6 | enforce criminal laws or ordinances. | ||||||
| 7 | "Non-retrievable" means the condition or state | ||||||
| 8 | following a process that permanently alters the illegal | ||||||
| 9 | drug's physical or chemical condition or state through | ||||||
| 10 | irreversible means and thereby renders the illegal drug | ||||||
| 11 | unavailable and unusable for all practical purposes. | ||||||
| 12 | (b) To the extent allowed under federal law, drug evidence | ||||||
| 13 | that is placed into a drug destruction device by a law | ||||||
| 14 | enforcement agency at the location where the evidence is stored | ||||||
| 15 | by the agency and that is destroyed under the supervision of | ||||||
| 16 | the agency in accordance with the specifications of the device | ||||||
| 17 | manufacturer shall not be considered discarded or a waste under | ||||||
| 18 | this Act until it is rendered non-retrievable.
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| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
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