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90_HB3168
720 ILCS 5/20-3 new
Amends the Criminal Code of 1961. Provides that it is
unlawful for a person to knowingly manufacture, design,
assemble, possess, sell, resell, buy, use, transport, ship,
distribute, or receive any explosive material if the
explosive material does not contain an identification taggant
approved by the Department of State Police. Penalty is a
Class 4 felony.
LRB9010527RCks
LRB9010527RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 20-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by adding
6 Section 20-3 as follows:
7 (720 ILCS 5/20-3 new)
8 Sec. 20-3. Explosive materials; identification taggants.
9 (a) Definitions. As used in this Section:
10 (1) "Explosives" means gunpowder, powders for
11 blasting, high explosives, blasting materials, fuses
12 (other than electric circuit breakers), detonators, and
13 other detonating agents, smokeless powder and any
14 chemical compound or any mechanical mixture containing
15 any oxidizing and combustible units, or other ingredients
16 in such proportions, quantities, or packing that ignition
17 by fire, friction, concussion, percussion or detonation
18 of any part thereof may and is intended to cause an
19 explosion, including bombs and destructive devices
20 designed to operate by chemical, mechanical or explosive
21 action but shall not include fixed ammunition for small
22 arms, small arms ammunition primers, small arms
23 percussion caps, safety and pyrotechnic fuses, quills,
24 quick and slow matches, friction primers, fireworks, or
25 common matches when used in their original configuration.
26 (2) "Destructive explosive device" includes any
27 explosive, as defined in paragraph (1) of this subsection
28 (a), incendiary or poisonous gas incorporated into a
29 bomb, grenade, rocket having a propellant charge, missile
30 having an explosive or incendiary charge, mine, or other
31 similar device.
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1 (3) "Pipe bomb" means a noncommercially made
2 explosive device constructed of a solid material filled
3 with explosive material which is designed to explode when
4 subjected to heat, friction, concussion, or detonation.
5 (4) "Department" means the Department of State
6 Police.
7 (5) "Explosive material" includes:
8 (i) explosives,
9 (ii) destructive explosive devices, and
10 (iii) pipe bombs.
11 (6) "Identification taggant" means any substance
12 that:
13 (i) is added to an explosive material during
14 the manufacture of the material; and
15 (ii) after detonation:
16 (A) Is retrievable;
17 (B) Permits the identification of the
18 type and manufacturer of the material and the
19 date of manufacture of the material; and
20 (C) Provides any other information
21 required by the department through rule.
22 (b) (1) A person may not knowingly manufacture, design,
23 or assemble any explosive material in this State that does
24 not contain an identification taggant approved by the
25 Department.
26 (2) A person may not knowingly possess, sell,
27 resell, buy, use, transport, ship, distribute, or receive
28 any explosive material manufactured, designed, or
29 assembled on or after the effective date of this
30 amendatory Act of 1998 in this State if the explosive
31 material does not contain an identification taggant
32 approved by the Department.
33 (c) (1) The Department shall adopt rules to effectuate
34 and enforce this Section.
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1 (2) In deciding whether to approve an
2 identification taggant, the Department shall consider the
3 probable effects of the taggant on:
4 (i) human life;
5 (ii) the ability to assist law enforcement
6 officers in their investigative efforts;
7 (iii) the quality and effectiveness of an
8 explosive;
9 (iv) the environment; and
10 (v) the costs to manufacturers and users.
11 (d) Sentence.
12 (1) A person who violates any provision of this
13 Section is guilty of a Class 4 felony.
14 (2) Any untagged explosive materials shall be
15 subject to seizure and forfeiture by the State.