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SB 1328

NON-APPROVED SMOKE DETECTOR

104th Regular Session Introduced by Mary Edly-Allen and 6 co-sponsors

Illinois bans selling smoke detectors not wired to building power or failing battery standards; violations incur fines and a 90-day battery cure period.

Added as Co-Sponsor Sen. Laura M. Murphy
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Bill Summary · SB 1328

Summary — SB 1328 (Non‑Approved Smoke Detectors)

Main purpose

SB 1328 amends the Illinois Smoke Detector Act to prohibit the sale, offer for sale, or gifting of smoke detectors that are not designed to receive primary power from building wiring or that fail to meet the statute’s existing battery requirements. The measure adds a new Section 3.1 to the Act and revises penalty provisions.

Key provisions

  • Adds Section 3.1 (Non‑approved smoke detectors banned): It is unlawful to sell, offer for sale, or give as a gift any smoke detector that
    • is not designed to receive its primary power from the building wiring, or
    • does not meet the battery requirements set out in subsection (e) of Section 3 of the Smoke Detector Act (the Act’s existing battery standards).
  • Modifies Section 4 (penalties and enforcement):
    • A violation of new Section 3.1 is classified as a petty offense punishable by a fine of at least $500 and not more than $1,000.
    • Retains existing criminal provisions for willful failure to install/maintain required detectors and for tampering (Class B misdemeanor for some failures; tampering punishable as a Class A misdemeanor on first conviction and Class 4 felony on subsequent convictions).
    • Provides a 90‑day cure period for parties violating the Act’s battery requirements: during that period the party may receive warnings and fines up to $100 (with cumulative fines up to $1,500); if the violation is corrected before the hearing, the alleged violation must be dismissed.

Who is affected

  • Manufacturers, distributors, retailers, and anyone who sells, offers, or gives away smoke detectors in Illinois — they must ensure devices meet the building‑wiring primary‑power design and the Act’s battery specifications.
  • Consumers and property owners benefit from a regulatory standard intended to ensure detectors have appropriate primary‑power wiring compatibility and battery performance.
  • Enforcement agencies and courts — new petty offense classification and cure‑period procedures apply.

Procedural / timeline status

  • Introduced in the Illinois Senate (filed 1/28/2025). Committee referrals and readings followed.
  • Passed both chambers and was signed by the Governor on June 9, 2025.
  • Enacted as Public Act 25‑32 (legislative history indicates final enactment in late May/early June 2025).

Notes / implications

  • The bill cross‑references existing Section 3(e) for battery requirements; implementers should consult that subsection for the specific technical battery standards being enforced.
  • The 90‑day cure period for battery‑related violations emphasizes remediation over immediate sanction; other offenses (installation, tampering) continue to carry harsher criminal penalties.

Compiled from official sources — confirm details with the bill’s official record.

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