Illinois General Assembly - Bill Status for HB2193

Amends the Criminal Code of 1961. Provides that it is unlawful for any person knowingly to have in his or her possession or to carry about any of the following substances in a form and amount that is capable of causing serious injury or distress to another: (i) any corrosive or caustic acid or alkali (including but not limited to sulfuric acid) or any solution or mixture of corrosive or caustic acids or alkalis, (ii) elemental phosphorus, or (iii) hydrogen sulfide, valerianic (isobutyric) acid, ammonium valerianate, valerianate of zinc, or any other nauseating, offensive, or disgusting chemical of like or similar nature. Includes exceptions. Provides that a person shall not knowingly sell, give away, offer to sell or give away, or have in his or her possession any stink ball or fire ball, or any bomb, ball tube, vial, or bottle made of thin glass or other easily breakable material, containing any of those substances in a form and amount that is capable of causing serious injury or distress to another. Makes violation a Class C misdemeanor. Also provides that a person seeking to acquire any corrosive or caustic acid must show identification and sign a log. Provides that a person shall not knowingly acquire more than one package containing corrosive or caustic acid from a retail location within a 24-hour period. Includes exceptions. Provides that the Department of Public Health shall have the authority to promulgate rules for the implementation and enforcement of this provision. Provides that a violation is a business offense for which a fine not exceeding $1,500 may be imposed.

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label. Establishes exemptions. Provides that 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. Provides that a violation is a business offense for which a fine not exceeding $1,500 may be imposed. Provides that these requirements do not apply to batteries. Preempts home rule.

Provides that the exemption to the prohibition on the sale of the caustic and noxious substances applies only if the product is not used to threaten, intimidate, injure, or cause distress to another. Provides that, in addition to any other exemption, the exemption to the prohibition on the sale of the caustic and noxious substances applies to: (1) persons while engaged in the possession or transportation, or both, of a commercial product containing any of the specified substances for retail sale; (2) persons while engaged in the possession, transportation, or use, unrelated to a retail sale; or (3) persons engaged in the possession, transportation, or use of a commercial product containing any of the specified substances. Changes the penalty for the purchase and acquisition of the prohibited substances. Adds a January 1, 2012 effective date to the bill.

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