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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
| 5 | Sections 12-37 and 12-38 as follows: | ||||||
| 6 | (720 ILCS 5/12-37 new) | ||||||
| 7 | Sec. 12-37. Possession and sale of caustic and noxious | ||||||
| 8 | substances. | ||||||
| 9 | (a) Except as provided in subsection (b), it is unlawful | ||||||
| 10 | for any person knowingly to have in his or her possession or to | ||||||
| 11 | carry about any of the substances which are regulated by Title | ||||||
| 12 | 16 CFR Section 1500.129 of the Federal Caustic Poison Act and | ||||||
| 13 | are required to contain the words "causes severe burns" as the | ||||||
| 14 | affirmative statement of principal hazard on its label. | ||||||
| 15 | (b) The restrictions of subsection (a) do not apply to: | ||||||
| 16 | (1) persons while engaged in the legitimate commercial | ||||||
| 17 | manufacture, distribution, storage, or use of the | ||||||
| 18 | specified substances; | ||||||
| 19 | (2) persons while engaged in legitimate scientific or | ||||||
| 20 | medical research, study, teaching or treatment involving | ||||||
| 21 | the use of such substances, including without limitation | ||||||
| 22 | physicians, pharmacists, scientists, teachers, students, | ||||||
| 23 | and employees of regularly established laboratories, | ||||||
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| 1 | manufacturing and wholesale pharmacies, retail pharmacies, | ||||||
| 2 | medical treatment facilities, schools, colleges, and | ||||||
| 3 | universities; | ||||||
| 4 | (3) persons who have procured any of the specified | ||||||
| 5 | substances for medicinal purposes upon a prescription of a | ||||||
| 6 | physician licensed to practice medicine in all its branches | ||||||
| 7 | under the Medical Practice Act of 1987; | ||||||
| 8 | (4) commercial or consumer products that contain any of | ||||||
| 9 | the specified substances found in subsection (a) | ||||||
| 10 | including, but not limited to, batteries; | ||||||
| 11 | (5) production agriculture as defined in Section 3-5 of | ||||||
| 12 | the Use Tax Act; or | ||||||
| 13 | (6) persons while engaged in the sale, possession, | ||||||
| 14 | transportation, or use for its intended commercial purpose | ||||||
| 15 | of a commercial product containing any of the substances | ||||||
| 16 | specified in subsection (a), provided that the product is | ||||||
| 17 | not used to threaten, intimidate, injure, or cause distress | ||||||
| 18 | to another. | ||||||
| 19 | (c) Sentence. A violation of this Section is a Class 4 | ||||||
| 20 | felony. | ||||||
| 21 | (d) The regulation of the possession and carrying of | ||||||
| 22 | caustic and noxious substances under this Section is an | ||||||
| 23 | exclusive power and function of the State. A home rule unit may | ||||||
| 24 | not regulate the possession and carrying of caustic and noxious | ||||||
| 25 | substances and any ordinance or local law contrary to this | ||||||
| 26 | Section is declared void. This is a denial and limitation of | ||||||
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| 1 | home rule powers and functions under subsection (h) of Section | ||||||
| 2 | 6 of Article VII of the Illinois Constitution. | ||||||
| 3 | (720 ILCS 5/12-38 new) | ||||||
| 4 | Sec. 12-38. Restrictions on purchase or acquisition of | ||||||
| 5 | corrosive or caustic acid. | ||||||
| 6 | (a) A person seeking to purchase a substance which is | ||||||
| 7 | regulated by Title 16 CFR Section 1500.129 of the Federal | ||||||
| 8 | Caustic Poison Act and is required to contain the words "causes | ||||||
| 9 | severe burns" as the affirmative statement of principal hazard | ||||||
| 10 | on its label, must prior to taking possession: | ||||||
| 11 | (1) provide a valid driver's license or other | ||||||
| 12 | government-issued identification showing the person's | ||||||
| 13 | name, date of birth, and photograph; and | ||||||
| 14 | (2) sign a log documenting the name and address of the | ||||||
| 15 | person, date and time of the transaction, and the brand, | ||||||
| 16 | product name and net weight of the item. | ||||||
| 17 | (b) Exemption. The requirements of subsection (a) do not | ||||||
| 18 | apply to batteries. | ||||||
| 19 | (c) Rules and Regulations. The Illinois Department of State | ||||||
| 20 | Police shall have the authority to promulgate rules for the | ||||||
| 21 | implementation and enforcement of this Section. | ||||||
| 22 | (d) Sentence. Any violation of this Section is a business | ||||||
| 23 | offense for which a fine not exceeding $1,500 may be imposed. | ||||||
| 24 | (e) Preemption. The regulation of the purchase or | ||||||
| 25 | acquisition, or both, of a caustic or corrosive substance and | ||||||
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| 1 | any registry regarding the sale or possession, or both, of a | ||||||
| 2 | caustic or corrosive substance is an exclusive power and | ||||||
| 3 | function of the State. A home rule unit may not regulate the | ||||||
| 4 | purchase or acquisition of caustic or corrosive substances and | ||||||
| 5 | any ordinance or local law contrary to this Section is declared | ||||||
| 6 | void. This is a denial and limitation of home rule powers and | ||||||
| 7 | functions under subsection (h) of Section 6 of Article VII of | ||||||
| 8 | the Illinois Constitution.
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