91st General Assembly
Summary of HB0376
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House Sponsors:
O'BRIEN-GRANBERG-STEPHENS-BLACK-MOFFITT, REITZ, WIRSING, 
   CURRY,JULIE, HARTKE, RYDER, FEIGENHOLTZ, HOLBROOK, 
   TURNER,JOHN, HANNIG, GASH, WOOLARD, WAIT AND MITCHELL,BILL.

Senate Sponsors:
MYERS,J-WATSON-WALSH,L-NOLAND-DONAHUE

Short description: 
ANHYDROUS AMMONIA-TAMPER                                                   

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Provides that it is a Class  A      
   misdemeanor to tamper with anhydrous ammonia equipment, containers, or      
   storage  facilities.    Amends the Illinois Controlled Substances Act.      
   Provides that it is a Class 4 felony to tamper with anhydrous  ammonia      
   equipment  for  the  purpose  of possessing anhydrous ammonia with the      
   intent to use it to facilitate the  manufacture  of  a  controlled  or      
   counterfeit substance or controlled substance analog.  Amends the Code      
   of Civil Procedure.  Provides that a person who tampers with anhydrous      
   ammonia equipment does not have a cause of action against the owner of      
   the  equipment,  any   person  responsible  for  the  installation  or      
   operation  of  the  equipment,  the  person lawfully selling anhydrous      
   ammonia, the person  who  lawfully  purchases  anhydrous  ammonia  for      
   agricultural  purposes,  or  the person who operates or uses anhydrous      
   ammonia  equipment  when  lawfully  applying  anhydrous  ammonia   for      
   agricultural  purposes.   Provides  that an injured person who tampers      
   with  anhydrous  ammonia  equipment  for  the  purpose  of  possessing      
   anhydrous ammonia  with  the  intent  to  use  it  to  facilitate  the      
   manufacture  of  a  controlled  or counterfeit substance or controlled      
   substance analog may not bring a derivative action against the  owner,      
   installer,  operator,  seller,  purchaser  for  agricultural purposes,      
   operator, or user of the anhydrous ammonia equipment.                       
        HOUSE AMENDMENT NO. 1.                                                 
        Includes tampering with anhydrous ammonia storage containers  and      
   storage  facilities  in  the civil cause of action and in the Illinois      
   Controlled Substances Act  violation.   Includes  the  definitions  of      
   "anhydrous ammonia equipment", "anhydrous ammonia storage containers",      
   and  "anhydrous  ammonia storage facilities" in the amendatory changes      
   to the Illinois Controlled Substances Act and to  the  Code  of  Civil      
   Procedure.                                                                  
          CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)                     
          There would be minimal fiscal and prison population impact.          
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 570/401.5                                                   
          735 ILCS 5/2-1119 new                                                
        Deletes  the  amendatory  changes  to  the  Illinois   Controlled      
   Substances Act and the Code of Civil Procedure.                             
 
Last action on Bill: PUBLIC ACT.............................. 91-0402

   Last action date: 99-08-02

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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