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Public Act 096-1112 Public Act 1112 96TH GENERAL ASSEMBLY |
Public Act 096-1112 | SB3503 Enrolled | LRB096 18517 RLC 33898 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Sections 31A-1.1 and 31A-1.2 as follows: | (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) | Sec. 31A-1.1. Bringing Contraband into a Penal | Institution;
Possessing Contraband in a Penal Institution. | (a) A person commits the offense of bringing contraband | into a penal
institution when he knowingly and without | authority of any person designated
or authorized to grant such | authority (1) brings an item of contraband into
a penal | institution or (2) causes another to bring an item of
| contraband into a penal institution or (3) places an item of
| contraband in such proximity to a penal institution as to give | an
inmate access to the contraband. | (b) A person commits the offense of possessing contraband | in a
penal institution when he possesses contraband in a penal | institution,
regardless of the intent with which he possesses | it. | (c) For the purposes of this Section, the words and phrases
| listed below shall be defined as follows: | (1) "Penal institution" means any penitentiary, State |
| farm,
reformatory, prison, jail, house of correction, | police detention area,
half-way house or other institution | or place for the incarceration or
custody of persons under | sentence for offenses awaiting trial or sentence
for | offenses, under arrest for an offense, a violation of | probation, a
violation of parole, or a violation of | mandatory supervised release, or
awaiting a bail setting | hearing or preliminary hearing; provided that where
the | place for incarceration or custody is housed within another | public
building this Act shall not apply to that part of | such building unrelated
to the incarceration or custody of | persons. | (2) "Item of contraband" means any of the following: | (i) "Alcoholic liquor" as such term is defined in | Section 1-3.05 of the
Liquor Control Act of 1934. | (ii) "Cannabis" as such term is defined in | subsection (a) of Section 3
of the Cannabis Control | Act. | (iii) "Controlled substance" as such term is | defined in the Illinois
Controlled Substances Act. | (iii-a) "Methamphetamine" as such term is defined | in the Illinois Controlled Substances Act or the | Methamphetamine Control and Community Protection Act.
| (iv) "Hypodermic syringe" or hypodermic needle, or | any instrument
adapted for use of controlled | substances or cannabis by subcutaneous injection. |
| (v) "Weapon" means any knife, dagger, dirk, billy, | razor, stiletto,
broken bottle, or other piece of glass | which could be used as a dangerous
weapon. Such term | includes any of the devices or implements designated in
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | of this
Act, or any other dangerous weapon or | instrument of like character. | (vi) "Firearm" means any device, by whatever name | known, which is
designed to expel a projectile or | projectiles by the action of an
explosion, expansion of | gas or escape of gas, including but not limited to: | (A) any pneumatic gun, spring gun, or B-B gun | which expels a single
globular projectile not | exceeding .18 inch in diameter, or; | (B) any device used exclusively for signaling | or safety and required
as
recommended by the United | States Coast Guard or the Interstate Commerce
| Commission; or | (C) any device used exclusively for the firing | of stud cartridges,
explosive rivets or industrial | ammunition; or | (D) any device which is powered by electrical | charging units, such as
batteries, and which fires | one or several barbs attached to a length of
wire | and which, upon hitting a human, can send out | current capable of
disrupting the person's nervous |
| system in such a manner as to render him
incapable | of normal functioning, commonly referred to as a | stun gun or taser. | (vii) "Firearm ammunition" means any | self-contained cartridge or shotgun
shell, by whatever | name known, which is designed to be used or adaptable | to
use in a firearm, including but not limited to: | (A) any ammunition exclusively designed for | use with a device used
exclusively for signaling or | safety and required or recommended by the
United | States Coast Guard or the Interstate Commerce | Commission; or | (B) any ammunition designed exclusively for | use with a stud or rivet
driver or other similar | industrial ammunition. | (viii) "Explosive" means, but is not limited to, | bomb, bombshell,
grenade, bottle or other container | containing an explosive substance of
over one-quarter | ounce for like purposes such as black powder bombs and
| Molotov cocktails or artillery projectiles. | (ix) "Tool to defeat security mechanisms" means, | but is not limited to,
handcuff or security restraint | key, tool designed to pick locks, popper, or any device | or
instrument used to or capable of unlocking or | preventing from locking any handcuff or security | restraints, doors to
cells, rooms, gates or other areas |
| of the penal institution. | (x) "Cutting tool" means, but is not limited to, | hacksaw blade,
wirecutter,
or device, instrument or | file capable of cutting through metal. | (xi) "Electronic contraband" means, but is not | limited to, any
electronic, video recording device, | computer, or cellular communications
equipment, | including, but not
limited to, cellular telephones, | cellular telephone batteries, videotape
recorders, | pagers,
computers, and computer peripheral equipment | brought into or possessed in a
penal institution | without the written authorization of the Chief | Administrative
Officer. | (d) Bringing alcoholic liquor into a penal institution is a | Class 4
felony. Possessing alcoholic liquor in a penal | institution is a Class 4
felony. | (e) Bringing cannabis into a penal institution is a Class 3 | felony.
Possessing cannabis in a penal institution is a Class 3 | felony. | (f) Bringing any amount of a controlled substance | classified in
Schedules III, IV or V of Article II of the | Controlled Substance Act into a
penal institution is a Class 2 | felony. Possessing any amount of a
controlled substance | classified in Schedule III, IV, or V of Article II of
the | Controlled Substance Act in a penal institution is a Class 2 | felony. |
| (g) Bringing any amount of a controlled substance | classified in
Schedules I or II of Article II of the Controlled | Substance Act into a
penal institution is a Class 1 felony. | Possessing any amount of a
controlled substance classified in | Schedules I or II of Article II of the
Controlled Substance Act | in a penal institution is a Class 1 felony. | (h) Bringing an item of contraband listed in paragraph (iv) | of
subsection (c)(2) into a penal institution is a Class 1 | felony. Possessing
an item of contraband listed in paragraph | (iv) of subsection (c)(2) in a
penal institution is a Class 1 | felony. | (i) Bringing an item of contraband listed in paragraph (v), | (ix),
(x), or (xi)
of subsection
(c)(2) into a penal | institution is a Class 1 felony. Possessing an item of
| contraband listed in paragraph (v), (ix), (x), or (xi) of
| subsection (c)(2) in a
penal
institution is a Class 1 felony. | (j) Bringing an item of contraband listed in paragraphs | (vi), (vii) or
(viii) of subsection (c)(2) in a penal | institution is a Class X felony.
Possessing an item of | contraband listed in paragraphs (vi), (vii), or
(viii) of | subsection (c)(2) in a penal institution is a Class X felony. | (k) It shall be an affirmative defense to subsection
(b) | hereof, that
such possession was specifically authorized by | rule, regulation, or
directive of the governing authority of | the penal institution or order
issued pursuant thereto. | (l) It shall be an affirmative defense to subsection (a)(1) |
| and
subsection (b) hereof that the person bringing into or | possessing
contraband in a penal institution had been arrested, | and that that person
possessed such contraband at the time of | his
arrest, and that such contraband was brought into or | possessed in the penal
institution by that person as a direct | and immediate result of his arrest. | (m) Items confiscated may be retained for use by the | Department of
Corrections or disposed of as deemed appropriate | by the Chief Administrative
Officer in accordance with | Department rules or disposed of as required by
law. | (Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.) | (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) | Sec. 31A-1.2. Unauthorized bringing of contraband into a | penal institution
by an employee; unauthorized possessing of | contraband in a penal institution by
an employee; unauthorized | delivery of contraband in a penal institution by an
employee. | (a) A person commits the offense of unauthorized bringing | of contraband into
a penal institution by an employee when a | person who is an employee knowingly
and without authority of
| any person designated or authorized to grant such
authority: | (1) brings or attempts to bring an item of contraband | listed in subsection (d)(4) into a penal institution, or | (2) causes or permits another to bring an item of | contraband listed in
subsection (d)(4) into a penal
| institution. |
| (b) A person commits the offense of unauthorized possession | of contraband in
a penal institution by an employee when a | person who is an employee knowingly
and without authority of | any person designated or authorized to grant such
authority | possesses contraband listed in
subsection (d)(4) in a penal | institution, regardless of the intent with which
he possesses | it. | (c) A person commits the offense of unauthorized delivery | of contraband
in a penal institution by an employee when a | person who is an employee
knowingly and without authority of | any person designated or authorized to grant
such authority: | (1) delivers or possesses with intent to deliver an | item of contraband
to any inmate of a penal institution, or | (2) conspires to deliver or solicits the delivery of an | item of
contraband to any inmate of a penal institution, or | (3) causes or permits the delivery of an item of | contraband to any
inmate of a penal institution, or | (4) permits another person to attempt to deliver an | item of contraband to
any inmate of a penal institution. | (d) For purpose of this Section, the words and phrases | listed below
shall be defined as follows: | (1) "Penal Institution" shall have the meaning | ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | this Code; | (2) "Employee" means any elected or appointed officer, | trustee or
employee of a penal institution or of the |
| governing authority of the penal
institution, or any person | who performs services for the penal institution
pursuant to | contract with the penal institution or its governing
| authority. | (3) "Deliver" or "delivery" means the actual, | constructive or attempted
transfer of possession of an item | of contraband, with or without consideration,
whether or | not there is an agency relationship; | (4) "Item of contraband" means any of the following: | (i) "Alcoholic liquor" as such term is defined in | Section 1-3.05 of the
Liquor Control Act of 1934. | (ii) "Cannabis" as such term is defined in | subsection (a) of
Section 3 of the Cannabis Control | Act. | (iii) "Controlled substance" as such term is | defined in the Illinois
Controlled Substances Act. | (iii-a) "Methamphetamine" as such term is defined | in the Illinois Controlled Substances Act or the | Methamphetamine Control and Community Protection Act. | (iv) "Hypodermic syringe" or hypodermic needle, or | any instrument
adapted for use of controlled | substances or cannabis by subcutaneous injection. | (v) "Weapon" means any knife, dagger, dirk, billy, | razor, stiletto,
broken bottle, or other piece of glass | which could be used as a dangerous
weapon. Such term | includes any of the devices or implements designated in
|
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | of this Act, or any
other dangerous weapon or | instrument of like character. | (vi) "Firearm" means any device, by whatever name | known, which is
designed to expel a projectile or | projectiles by the action of an explosion,
expansion of | gas or escape of gas, including but not limited to: | (A) any pneumatic gun, spring gun, or B-B gun | which expels a single
globular projectile not | exceeding .18 inch in diameter; or | (B) any device used exclusively for signaling | or safety and required
or recommended by the United | States Coast Guard or the Interstate Commerce
| Commission; or | (C) any device used exclusively for the firing | of stud cartridges,
explosive rivets or industrial | ammunition; or | (D) any device which is powered by electrical | charging units, such as
batteries, and which fires | one or several barbs attached to a length of
wire | and which, upon hitting a human, can send out | current capable of
disrupting the person's nervous | system in such a manner as to render him
incapable | of normal functioning, commonly referred to as a | stun gun or taser. | (vii) "Firearm ammunition" means any |
| self-contained cartridge or shotgun
shell, by whatever | name known, which is designed to be used or adaptable | to
use in a firearm, including but not limited to: | (A) any ammunition exclusively designed for | use with a device used
exclusively for signaling or | safety and required or recommended by the
United | States Coast Guard or the Interstate Commerce | Commission; or | (B) any ammunition designed exclusively for | use with a stud or rivet
driver or other similar | industrial ammunition. | (viii) "Explosive" means, but is not limited to, | bomb, bombshell,
grenade, bottle or other container | containing an explosive substance of
over one-quarter | ounce for like purposes such as black powder bombs and
| Molotov cocktails or artillery projectiles. | (ix) "Tool to defeat security mechanisms" means, | but is not limited
to,
handcuff or security restraint | key, tool designed to pick locks, popper, or any device | or
instrument used to or capable of unlocking or | preventing from locking any handcuff or security | restraints, doors to
cells, rooms, gates or other areas | of the penal institution. | (x) "Cutting tool" means, but is not limited to, | hacksaw blade,
wirecutter, or device, instrument or | file capable of cutting through metal. |
| (xi) "Electronic contraband" means, but is not | limited to, any
electronic, video recording device, | computer, or cellular communications
equipment, | including, but not
limited to, cellular telephones, | cellular telephone batteries, videotape
recorders, | pagers,
computers, and computer peripheral equipment. | For a violation of subsection (a) or (b) involving a | cellular telephone or cellular telephone battery, the | defendant must intend to provide the cellular telephone or | cellular telephone battery to any inmate in a penal | institution, or to use the cellular telephone or cellular | telephone battery at the direction of an inmate or for the | benefit of any inmate of a penal institution. | (e) A violation of paragraphs (a) or (b) of this Section | involving alcohol
is a Class 4 felony. A violation of paragraph | (a) or (b) of this Section
involving cannabis is a Class 2 | felony. A violation of paragraph (a) or (b)
involving any | amount of a controlled substance classified in Schedules III, | IV
or V of Article II of the Illinois Controlled Substances Act | is a Class 1
felony. A
violation of paragraph (a) or (b) of | this Section involving any amount of a
controlled substance | classified in Schedules I or II of Article II of the
Illinois | Controlled Substances Act is a Class X felony. A violation of
| paragraph (a) or
(b) involving an item of contraband listed in | paragraph (iv) of subsection
(d)(4) is a Class X felony. A | violation of paragraph (a) or (b) involving an
item of |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) | is
a Class 1
felony. A violation of paragraph (a) or (b) | involving an item of contraband
listed in paragraphs (vi), | (vii) or (viii) of subsection (d)(4) is a Class X
felony. | (f) A violation of paragraph (c) of this Section involving | alcoholic
liquor is a Class 3 felony. A violation of paragraph | (c) involving cannabis
is a Class 1 felony. A violation of | paragraph (c) involving any amount of a
controlled substance | classified in Schedules III, IV or V of Article II of the
| Illinois Controlled Substances Act is a Class X felony. A | violation of
paragraph (c)
involving any amount of a controlled | substance classified in Schedules I or II
of Article II of the | Illinois Controlled Substances Act is a Class X felony
for | which
the minimum term of imprisonment shall be 8 years. A | violation of paragraph
(c) involving an item of contraband | listed in paragraph (iv) of subsection
(d)(4) is a Class X | felony for which the minimum term of imprisonment shall be
8 | years. A violation of paragraph (c) involving an item of | contraband listed
in paragraph (v), (ix) or (x) of subsection | (d)(4) is a Class X felony for
which the minimum
term of | imprisonment shall be 10 years. A violation of paragraph (c) | involving
an item of contraband listed in paragraphs (vi), | (vii) or (viii) of subsection
(d)(4) is a Class X felony for | which the minimum term of imprisonment shall be
12 years. | (g) Items confiscated may be retained for use by the | Department of
Corrections or disposed of as deemed appropriate |
| by the Chief Administrative
Officer in accordance with | Department rules or disposed of as required by
law. | (h) For a violation of subsection (a) or (b) involving | items described in clause (i), (v), (vi), (vii), (ix), (x), or | (xi) of paragraph (4) of subsection (d), such items shall not | be considered to be in a penal institution when they are | secured in an employee's locked, private motor vehicle parked | on the grounds of a penal institution. | (Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)
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Effective Date: 1/1/2011
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