HB 4328

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Full Text of HB4328
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					HB4328 - 104th General Assembly
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		HB4328 Engrossed		LRB104 16304 BDA 29690 b
1		    AN ACT concerning safety.
2		    Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		    Section 5. The Smoke Detector Act is amended by changing
5		Section 4 and by adding Section 3.1 as follows:
6		    (425 ILCS 60/3.1 new)
7		    Sec. 3.1. Non-approved smoke detectors banned. Beginning 
8		December 31, 2027, it is unlawful for any person to sell, offer 
9		for sale, or give as a gift within the State of Illinois any 
10		smoke detector that does not meet the requirements of 
11		subsection (e) of Section 3 of this Act. Nothing in this 
12		Section shall prohibit any person from manufacturing within 
13		the State and distributing, selling, offering for sale, or 
14		giving as a gift outside the State any smoke detector that does 
15		not meet the requirements of subsection (e) of Section 3 of 
16		this Act. As used in this Section, "person" means an 
17		individual, natural person, public or private corporation, 
18		government, partnership, unincorporated association, or other 
19		entity.
20		    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
21		    Sec. 4. (a) Except as provided in subsection (c), willful
22		failure to install or maintain in operating condition any
		HB4328 Engrossed	- 2 -	LRB104 16304 BDA 29690 b
1		smoke detector required by this Act shall be a Class B
2		misdemeanor.
3		    (b) Except as provided in subsection (c), tampering with,
4		removing, destroying, disconnecting or removing the batteries
5		from any installed smoke detector, except in the course of
6		inspection, maintenance or replacement of the detector, shall
7		be a Class A misdemeanor in the case of a first conviction, and
8		a Class 4 felony in the case of a second or subsequent
9		conviction.
10		    (c) A party in violation of the battery requirements of
11		subsection (e) of Section 3 of this Act shall be provided with
12		90 days' warning with which to rectify that violation. If that
13		party fails to rectify the violation within that 90-day
14		period, he or she may be assessed a fine of up to $100, and may
15		be fined $100 every 30 days thereafter until either the
16		violation is rectified or the cumulative amount of fines
17		assessed reaches $1,500. The provisions of subsection (a) and
18		(b) of this Section shall apply only after the penalty
19		provided under this subsection (c) has been exhausted to the
20		extent that a violating party has reached the $1,500
21		cumulative fine threshold and has failed to rectify the
22		violation.
23		    If the alleged violation has been corrected prior to or on
24		the date of the hearing scheduled to adjudicate the alleged
25		violation, then the violation shall be dismissed.
26		    (d) A person who violates Section 3.1 of this Act is guilty 
		HB4328 Engrossed	- 3 -	LRB104 16304 BDA 29690 b
1		of a petty offense and is subject to a fine of at least $500 
2		and not more than $1,000.
3		(Source: P.A. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.)