Public Act 097-0565
 
HB2193 EnrolledLRB097 09104 RLC 49239 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Sections 12-37 and 12-38 as follows:
 
    (720 ILCS 5/12-37 new)
    Sec. 12-37. Possession and sale of caustic and noxious 
substances.
    (a) Except as provided in subsection (b), it is unlawful 
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.
    (b) Provided that the product is not used to threaten, 
intimidate, injure, or cause distress to another, the 
restrictions of subsection (a) do not apply to:
        (1) persons while engaged in the legitimate commercial 
    manufacture, distribution, storage, or use of the 
    specified substances;
        (2) persons while engaged in legitimate scientific or 
    medical research, study, teaching or treatment involving 
    the use of such substances, including without limitation 
    physicians, pharmacists, scientists, teachers, students, 
    and employees of regularly established laboratories, 
    manufacturing and wholesale pharmacies, retail pharmacies, 
    medical treatment facilities, schools, colleges, and 
    universities;
        (3) persons who have procured any of the specified 
    substances for medicinal purposes upon a prescription of a 
    physician licensed to practice medicine in all its branches 
    under the Medical Practice Act of 1987;
        (4) commercial or consumer products that contain any of 
    the specified substances found in subsection (a) 
    including, but not limited to, batteries;
        (5) production agriculture as defined in Section 3-5 of 
    the Use Tax Act;
        (6) persons while engaged in the possession or 
    transportation, or both, of a commercial product 
    containing any of the substances specified in subsection 
    (a) for retail sale;
        (7) persons while engaged in the possession, 
    transportation, or use, unrelated to a retail sale, of any 
    of the substances specified in subsection (a); or
        (8) persons engaged in the possession, transportation, 
    or use of a commercial product containing any of the 
    substances specified in subsection (a). 
    (c) Sentence.  A violation of this Section is a Class 4 
felony.
    (d)  The regulation of the possession and carrying of 
caustic and noxious substances under this Section is an 
exclusive power and function of the State.  A home rule unit may 
not regulate the possession and carrying of caustic and noxious 
substances and any ordinance or local law contrary to this 
Section is declared void.  This is a denial and limitation of 
home rule powers and functions under subsection (h) of Section 
6 of Article VII of the Illinois Constitution.
 
    (720 ILCS 5/12-38 new)
    Sec. 12-38. Restrictions on purchase or acquisition of 
corrosive or caustic acid. 
    (a) 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.
    (b) Exemption.  The requirements of subsection (a) do not 
apply to batteries.
    (c)  Rules and Regulations.  The Illinois Department of State 
Police shall have the authority to promulgate rules for the 
implementation and enforcement of this Section.
    (d)  Sentence.  Any violation of this Section is a business 
offense for which a fine not exceeding $150 for the first 
violation, $500 for the second violation, or $1,500 for the 
third and subsequent violations within a 12-month period shall 
be imposed.
    (e) Preemption.  The regulation of the purchase or 
acquisition, or both, of a caustic or corrosive substance and 
any registry regarding the sale or possession, or both, of a 
caustic or corrosive substance is an exclusive power and 
function of the State.  A home rule unit may not regulate the 
purchase or acquisition of caustic or corrosive substances and 
any ordinance or local law contrary to this Section is declared 
void.  This is a denial and limitation of home rule powers and 
functions under subsection (h) of Section 6 of Article VII of 
the Illinois Constitution.


 
    Section 99. Effective date. This Act takes effect January 
1, 2012.

Effective Date:  1/1/2012