Bill Text: IL HB3152 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Environmental Protection Act. Provides that 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 the Act until it is rendered non-retrievable. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2015-07-16 - Public Act . . . . . . . . . 99-0060 [HB3152 Detail]

Download: Illinois-2015-HB3152-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3152 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.58 new
Amends the Environmental Protection Act. Provides that 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 the Act until it is rendered non-retrievable. Effective immediately.
LRB099 10168 MGM 30391 b
A BILL FOR
HB3152 LRB099 10168 MGM 30391 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.
(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

HB3152 - 2 - LRB099 10168 MGM 30391 b
(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.
Section 99. Effective date. This Act takes effect upon
becoming law.