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| Public Act 099-0060 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
adding Section 22.58 as follows: | ||||
(415 ILCS 5/22.58 new) | ||||
Sec. 22.58. Drug destruction by law enforcement agency.
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(a) For purposes of this Section: | ||||
"Drug destruction device" means a device that is (i) | ||||
designed by its manufacturer to destroy drug evidence and | ||||
render it non-retrievable and (ii) used exclusively for | ||||
that purpose. | ||||
"Drug evidence" means any illegal drug collected as | ||||
evidence by a law enforcement agency. "Drug evidence" does | ||||
not include hazardous waste. | ||||
"Illegal drug" means any one or more of the following | ||||
when obtained without a prescription or otherwise in | ||||
violation of the law: | ||||
(1) any substance as defined and included in the | ||||
Schedules of Article II of the Illinois Controlled | ||||
Substances Act; | ||||
(2) any cannabis as defined in Section 3 of the | ||||
Cannabis Control Act; or | ||||
(3) any drug as defined in paragraph (b) of Section | ||
3 of the Pharmacy Practice Act. | ||
"Law enforcement agency" means an agency of this State | ||
or unit of local government that is vested by law or | ||
ordinance with the duty to maintain public order and to | ||
enforce criminal laws or ordinances. | ||
"Non-retrievable" means the condition or state | ||
following a process that permanently alters the illegal | ||
drug's physical or chemical condition or state through | ||
irreversible means and thereby renders the illegal drug | ||
unavailable and unusable for all practical purposes. | ||
(b) To the extent allowed under federal law, drug evidence | ||
that is placed into a drug destruction device by a law | ||
enforcement agency at the location where the evidence is stored | ||
by the agency and that is destroyed under the supervision of | ||
the agency in accordance with the specifications of the device | ||
manufacturer shall not be considered discarded or a waste under | ||
this Act until it is rendered non-retrievable.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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