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91_HB0376eng HB0376 Engrossed LRB9100710RCksA 1 AN ACT in relation to anhydrous ammonia. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 adding Section 21-1.5 as follows: 6 (720 ILCS 5/21-1.5 new) 7 Sec. 21-1.5. Anhydrous ammonia equipment, containers, 8 and facilities. 9 (a) It is unlawful for any person to tamper with 10 anhydrous ammonia equipment, containers, or storage 11 facilities. 12 (b) Tampering with anhydrous ammonia equipment, 13 containers, or storage facilities occurs when any person who 14 is not authorized by the owner of the anhydrous ammonia, 15 anhydrous ammonia equipment, storage containers, or storage 16 facilities transfers or attempts to transfer anhydrous 17 ammonia to another container, causes damage to the anhydrous 18 ammonia equipment, storage container, or storage facility or 19 vents anhydrous ammonia into the environment. 20 For purposes of this Section: 21 "Anhydrous ammonia" means the compound defined in 22 paragraph (d) of Section 3 of the Illinois Fertilizer Act of 23 1961. 24 "Anhydrous ammonia equipment", "anhydrous ammonia storage 25 containers", and "anhydrous ammonia storage facilities" are 26 defined in rules adopted under the Illinois Fertilizer Act of 27 1961. 28 (c) Sentence. A violation of this Section is a Class A 29 misdemeanor. 30 Section 10. The Illinois Controlled Substances Act is HB0376 Engrossed -2- LRB9100710RCksA 1 amended by changing Section 401.5 as follows: 2 (720 ILCS 570/401.5) 3 Sec. 401.5. Chemical breakdown of illicit controlled 4 substance. 5 (a) It is unlawful for any person to manufacture a 6 controlled substance prohibited by this Act by chemically 7 deriving the controlled substance from one or more other 8 controlled substances prohibited by this Act. 9 (a-5) It is unlawful for any person to possess any 10 substance with the intent to use the substance to facilitate 11 the manufacture of any controlled or counterfeit substance or 12 controlled substance analog other than as authorized by this 13 Act. 14 (a-6) It is unlawful for any person to tamper with 15 anhydrous ammonia equipment, containers, or storage 16 facilities for the purposes identified in subsection (a-5) of 17 this Section. Tampering with anhydrous ammonia equipment, 18 containers, or storage facilities occurs when any person who 19 is not authorized by the owner of the anhydrous ammonia, 20 anhydrous ammonia equipment, containers, or storage 21 facilities transfers or attempts to transfer anhydrous 22 ammonia to another container or causes damage to anhydrous 23 ammonia equipment, containers, or storage facilities. 24 For purposes of this Section: 25 "Anhydrous ammonia" means the compound defined in 26 paragraph (d) of Section 3 of the Illinois Fertilizer Act of 27 1961. 28 "Anhydrous ammonia equipment", "anhydrous ammonia storage 29 containers", and "anhydrous ammonia storage facilities" are 30 defined in the rules adopted under the Illinois Fertilizer 31 Act of 1961. 32 (b) A violation of this Section is a Class 4 felony. 33 (Source: P.A. 90-775, eff. 1-1-99.) HB0376 Engrossed -3- LRB9100710RCksA 1 Section 15. The Code of Civil Procedure is amended by 2 adding Section 2-1119 as follows: 3 (735 ILCS 5/2-1119 new) 4 Sec. 2-1119. Tampering with anhydrous ammonia equipment, 5 containers, or storage facilities. 6 (a) A person tampering with anhydrous ammonia equipment, 7 containers, or storage facilities in violation of subsection 8 (a-6) of Section 401.5 of the Illinois Controlled Substances 9 Act does not have a cause of action against the owner of the 10 equipment, containers, or storage facilities, any person 11 responsible for the installation or operation of the 12 equipment, containers, or storage facilities, the person 13 lawfully selling anhydrous ammonia, the person who lawfully 14 purchases anhydrous ammonia for agricultural purposes, or the 15 person who operates or uses anhydrous ammonia equipment, 16 containers, or storage facilities when lawfully applying 17 anhydrous ammonia for agricultural purposes. 18 (b) No person may commence a derivative action against 19 the owner of anhydrous ammonia equipment, containers, or 20 storage facilities, any person responsible for the 21 installation or operation of the equipment, containers, or 22 storage facilities, the person lawfully selling anhydrous 23 ammonia, the person who lawfully purchases anhydrous ammonia 24 for agricultural purposes, or the person who operates or uses 25 anhydrous ammonia equipment, containers, or storage 26 facilities when lawfully applying anhydrous ammonia for 27 agricultural purposes when the injured person has tampered 28 with anhydrous ammonia equipment, containers, or storage 29 facilities, in violation of subsection (a-6) of Sec. 401.5 of 30 the Illinois Controlled Substances Act. 31 (c) Tampering with anhydrous ammonia equipment, 32 containers, or storage facilities occurs when any person who 33 is not authorized by the owner of the anhydrous ammonia or HB0376 Engrossed -4- LRB9100710RCksA 1 anhydrous ammonia equipment, containers, or storage 2 facilities transfers or attempts to transfer anhydrous 3 ammonia to another container or causes damage to anhydrous 4 ammonia equipment, containers, or storage facilities. 5 (d) For purposes of this Section: 6 "Anhydrous ammonia" means the compound defined in 7 paragraph (d) of Section 3 of the Illinois Fertilizer Act of 8 1961. 9 "Anhydrous ammonia equipment", "anhydrous ammonia storage 10 containers", and "anhydrous ammonia storage facilities" are 11 defined in the rules adopted under the Illinois Fertilizer 12 Act of 1961.