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