|
|
|
09600SB3503sam001 |
- 2 - |
LRB096 18517 RLC 37473 a |
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|
1 |
| (b) A person commits the offense of possessing contraband |
2 |
| in a
penal institution when he possesses contraband in a penal |
3 |
| institution,
regardless of the intent with which he possesses |
4 |
| it. |
5 |
| (c) For the purposes of this Section, the words and phrases
|
6 |
| listed below shall be defined as follows: |
7 |
| (1) "Penal institution" means any penitentiary, State |
8 |
| farm,
reformatory, prison, jail, house of correction, |
9 |
| police detention area,
half-way house or other institution |
10 |
| or place for the incarceration or
custody of persons under |
11 |
| sentence for offenses awaiting trial or sentence
for |
12 |
| offenses, under arrest for an offense, a violation of |
13 |
| probation, a
violation of parole, or a violation of |
14 |
| mandatory supervised release, or
awaiting a bail setting |
15 |
| hearing or preliminary hearing; provided that where
the |
16 |
| place for incarceration or custody is housed within another |
17 |
| public
building this Act shall not apply to that part of |
18 |
| such building unrelated
to the incarceration or custody of |
19 |
| persons. |
20 |
| (2) "Item of contraband" means any of the following: |
21 |
| (i) "Alcoholic liquor" as such term is defined in |
22 |
| Section 1-3.05 of the
Liquor Control Act of 1934. |
23 |
| (ii) "Cannabis" as such term is defined in |
24 |
| subsection (a) of Section 3
of the Cannabis Control |
25 |
| Act. |
26 |
| (iii) "Controlled substance" as such term is |
|
|
|
09600SB3503sam001 |
- 3 - |
LRB096 18517 RLC 37473 a |
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|
1 |
| defined in the Illinois
Controlled Substances Act. |
2 |
| (iii-a) "Methamphetamine" as such term is defined |
3 |
| in the Illinois Controlled Substances Act or the |
4 |
| Methamphetamine Control and Community Protection Act.
|
5 |
| (iv) "Hypodermic syringe" or hypodermic needle, or |
6 |
| any instrument
adapted for use of controlled |
7 |
| substances or cannabis by subcutaneous injection. |
8 |
| (v) "Weapon" means any knife, dagger, dirk, billy, |
9 |
| razor, stiletto,
broken bottle, or other piece of glass |
10 |
| which could be used as a dangerous
weapon. Such term |
11 |
| includes any of the devices or implements designated in
|
12 |
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
13 |
| of this
Act, or any other dangerous weapon or |
14 |
| instrument of like character. |
15 |
| (vi) "Firearm" means any device, by whatever name |
16 |
| known, which is
designed to expel a projectile or |
17 |
| projectiles by the action of an
explosion, expansion of |
18 |
| gas or escape of gas, including but not limited to: |
19 |
| (A) any pneumatic gun, spring gun, or B-B gun |
20 |
| which expels a single
globular projectile not |
21 |
| exceeding .18 inch in diameter, or; |
22 |
| (B) any device used exclusively for signaling |
23 |
| or safety and required
as
recommended by the United |
24 |
| States Coast Guard or the Interstate Commerce
|
25 |
| Commission; or |
26 |
| (C) any device used exclusively for the firing |
|
|
|
09600SB3503sam001 |
- 4 - |
LRB096 18517 RLC 37473 a |
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|
1 |
| of stud cartridges,
explosive rivets or industrial |
2 |
| ammunition; or |
3 |
| (D) any device which is powered by electrical |
4 |
| charging units, such as
batteries, and which fires |
5 |
| one or several barbs attached to a length of
wire |
6 |
| and which, upon hitting a human, can send out |
7 |
| current capable of
disrupting the person's nervous |
8 |
| system in such a manner as to render him
incapable |
9 |
| of normal functioning, commonly referred to as a |
10 |
| stun gun or taser. |
11 |
| (vii) "Firearm ammunition" means any |
12 |
| self-contained cartridge or shotgun
shell, by whatever |
13 |
| name known, which is designed to be used or adaptable |
14 |
| to
use in a firearm, including but not limited to: |
15 |
| (A) any ammunition exclusively designed for |
16 |
| use with a device used
exclusively for signaling or |
17 |
| safety and required or recommended by the
United |
18 |
| States Coast Guard or the Interstate Commerce |
19 |
| Commission; or |
20 |
| (B) any ammunition designed exclusively for |
21 |
| use with a stud or rivet
driver or other similar |
22 |
| industrial ammunition. |
23 |
| (viii) "Explosive" means, but is not limited to, |
24 |
| bomb, bombshell,
grenade, bottle or other container |
25 |
| containing an explosive substance of
over one-quarter |
26 |
| ounce for like purposes such as black powder bombs and
|
|
|
|
09600SB3503sam001 |
- 5 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| Molotov cocktails or artillery projectiles. |
2 |
| (ix) "Tool to defeat security mechanisms" means, |
3 |
| but is not limited to,
handcuff or security restraint |
4 |
| key, tool designed to pick locks, popper, or any device |
5 |
| or
instrument used to or capable of unlocking or |
6 |
| preventing from locking any handcuff or security |
7 |
| restraints, doors to
cells, rooms, gates or other areas |
8 |
| of the penal institution. |
9 |
| (x) "Cutting tool" means, but is not limited to, |
10 |
| hacksaw blade,
wirecutter,
or device, instrument or |
11 |
| file capable of cutting through metal. |
12 |
| (xi) "Electronic contraband" means, but is not |
13 |
| limited to, any
electronic, video recording device, |
14 |
| computer, or cellular communications
equipment, |
15 |
| including, but not
limited to, cellular telephones, |
16 |
| cellular telephone batteries, videotape
recorders, |
17 |
| pagers,
computers, and computer peripheral equipment |
18 |
| brought into or possessed in a
penal institution |
19 |
| without the written authorization of the Chief |
20 |
| Administrative
Officer. |
21 |
| (d) Bringing alcoholic liquor into a penal institution is a |
22 |
| Class 4
felony. Possessing alcoholic liquor in a penal |
23 |
| institution is a Class 4
felony. |
24 |
| (e) Bringing cannabis into a penal institution is a Class 3 |
25 |
| felony.
Possessing cannabis in a penal institution is a Class 3 |
26 |
| felony. |
|
|
|
09600SB3503sam001 |
- 6 - |
LRB096 18517 RLC 37473 a |
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|
1 |
| (f) Bringing any amount of a controlled substance |
2 |
| classified in
Schedules III, IV or V of Article II of the |
3 |
| Controlled Substance Act into a
penal institution is a Class 2 |
4 |
| felony. Possessing any amount of a
controlled substance |
5 |
| classified in Schedule III, IV, or V of Article II of
the |
6 |
| Controlled Substance Act in a penal institution is a Class 2 |
7 |
| felony. |
8 |
| (g) Bringing any amount of a controlled substance |
9 |
| classified in
Schedules I or II of Article II of the Controlled |
10 |
| Substance Act into a
penal institution is a Class 1 felony. |
11 |
| Possessing any amount of a
controlled substance classified in |
12 |
| Schedules I or II of Article II of the
Controlled Substance Act |
13 |
| in a penal institution is a Class 1 felony. |
14 |
| (h) Bringing an item of contraband listed in paragraph (iv) |
15 |
| of
subsection (c)(2) into a penal institution is a Class 1 |
16 |
| felony. Possessing
an item of contraband listed in paragraph |
17 |
| (iv) of subsection (c)(2) in a
penal institution is a Class 1 |
18 |
| felony. |
19 |
| (i) Bringing an item of contraband listed in paragraph (v), |
20 |
| (ix),
(x), or (xi)
of subsection
(c)(2) into a penal |
21 |
| institution is a Class 1 felony. Possessing an item of
|
22 |
| contraband listed in paragraph (v), (ix), (x), or (xi) of
|
23 |
| subsection (c)(2) in a
penal
institution is a Class 1 felony. |
24 |
| (j) Bringing an item of contraband listed in paragraphs |
25 |
| (vi), (vii) or
(viii) of subsection (c)(2) in a penal |
26 |
| institution is a Class X felony.
Possessing an item of |
|
|
|
09600SB3503sam001 |
- 7 - |
LRB096 18517 RLC 37473 a |
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|
1 |
| contraband listed in paragraphs (vi), (vii), or
(viii) of |
2 |
| subsection (c)(2) in a penal institution is a Class X felony. |
3 |
| (k) It shall be an affirmative defense to subsection
(b) |
4 |
| hereof, that
such possession was specifically authorized by |
5 |
| rule, regulation, or
directive of the governing authority of |
6 |
| the penal institution or order
issued pursuant thereto. |
7 |
| (l) It shall be an affirmative defense to subsection (a)(1) |
8 |
| and
subsection (b) hereof that the person bringing into or |
9 |
| possessing
contraband in a penal institution had been arrested, |
10 |
| and that that person
possessed such contraband at the time of |
11 |
| his
arrest, and that such contraband was brought into or |
12 |
| possessed in the penal
institution by that person as a direct |
13 |
| and immediate result of his arrest. |
14 |
| (m) Items confiscated may be retained for use by the |
15 |
| Department of
Corrections or disposed of as deemed appropriate |
16 |
| by the Chief Administrative
Officer in accordance with |
17 |
| Department rules or disposed of as required by
law. |
18 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.) |
19 |
| (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) |
20 |
| Sec. 31A-1.2. Unauthorized bringing of contraband into a |
21 |
| penal institution
by an employee; unauthorized possessing of |
22 |
| contraband in a penal institution by
an employee; unauthorized |
23 |
| delivery of contraband in a penal institution by an
employee. |
24 |
| (a) A person commits the offense of unauthorized bringing |
25 |
| of contraband into
a penal institution by an employee when a |
|
|
|
09600SB3503sam001 |
- 8 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| person who is an employee knowingly
and without authority of
|
2 |
| any person designated or authorized to grant such
authority: |
3 |
| (1) brings or attempts to bring an item of contraband |
4 |
| listed in subsection (d)(4) into a penal institution, or |
5 |
| (2) causes or permits another to bring an item of |
6 |
| contraband listed in
subsection (d)(4) into a penal
|
7 |
| institution. |
8 |
| (b) A person commits the offense of unauthorized possession |
9 |
| of contraband in
a penal institution by an employee when a |
10 |
| person who is an employee knowingly
and without authority of |
11 |
| any person designated or authorized to grant such
authority |
12 |
| possesses contraband listed in
subsection (d)(4) in a penal |
13 |
| institution, regardless of the intent with which
he possesses |
14 |
| it. |
15 |
| (c) A person commits the offense of unauthorized delivery |
16 |
| of contraband
in a penal institution by an employee when a |
17 |
| person who is an employee
knowingly and without authority of |
18 |
| any person designated or authorized to grant
such authority: |
19 |
| (1) delivers or possesses with intent to deliver an |
20 |
| item of contraband
to any inmate of a penal institution, or |
21 |
| (2) conspires to deliver or solicits the delivery of an |
22 |
| item of
contraband to any inmate of a penal institution, or |
23 |
| (3) causes or permits the delivery of an item of |
24 |
| contraband to any
inmate of a penal institution, or |
25 |
| (4) permits another person to attempt to deliver an |
26 |
| item of contraband to
any inmate of a penal institution. |
|
|
|
09600SB3503sam001 |
- 9 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| (d) For purpose of this Section, the words and phrases |
2 |
| listed below
shall be defined as follows: |
3 |
| (1) "Penal Institution" shall have the meaning |
4 |
| ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
5 |
| this Code; |
6 |
| (2) "Employee" means any elected or appointed officer, |
7 |
| trustee or
employee of a penal institution or of the |
8 |
| governing authority of the penal
institution, or any person |
9 |
| who performs services for the penal institution
pursuant to |
10 |
| contract with the penal institution or its governing
|
11 |
| authority. |
12 |
| (3) "Deliver" or "delivery" means the actual, |
13 |
| constructive or attempted
transfer of possession of an item |
14 |
| of contraband, with or without consideration,
whether or |
15 |
| not there is an agency relationship; |
16 |
| (4) "Item of contraband" means any of the following: |
17 |
| (i) "Alcoholic liquor" as such term is defined in |
18 |
| Section 1-3.05 of the
Liquor Control Act of 1934. |
19 |
| (ii) "Cannabis" as such term is defined in |
20 |
| subsection (a) of
Section 3 of the Cannabis Control |
21 |
| Act. |
22 |
| (iii) "Controlled substance" as such term is |
23 |
| defined in the Illinois
Controlled Substances Act. |
24 |
| (iii-a) "Methamphetamine" as such term is defined |
25 |
| in the Illinois Controlled Substances Act or the |
26 |
| Methamphetamine Control and Community Protection Act. |
|
|
|
09600SB3503sam001 |
- 10 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| (iv) "Hypodermic syringe" or hypodermic needle, or |
2 |
| any instrument
adapted for use of controlled |
3 |
| substances or cannabis by subcutaneous injection. |
4 |
| (v) "Weapon" means any knife, dagger, dirk, billy, |
5 |
| razor, stiletto,
broken bottle, or other piece of glass |
6 |
| which could be used as a dangerous
weapon. Such term |
7 |
| includes any of the devices or implements designated in
|
8 |
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
9 |
| of this Act, or any
other dangerous weapon or |
10 |
| instrument of like character. |
11 |
| (vi) "Firearm" means any device, by whatever name |
12 |
| known, which is
designed to expel a projectile or |
13 |
| projectiles by the action of an explosion,
expansion of |
14 |
| gas or escape of gas, including but not limited to: |
15 |
| (A) any pneumatic gun, spring gun, or B-B gun |
16 |
| which expels a single
globular projectile not |
17 |
| exceeding .18 inch in diameter; or |
18 |
| (B) any device used exclusively for signaling |
19 |
| or safety and required
or recommended by the United |
20 |
| States Coast Guard or the Interstate Commerce
|
21 |
| Commission; or |
22 |
| (C) any device used exclusively for the firing |
23 |
| of stud cartridges,
explosive rivets or industrial |
24 |
| ammunition; or |
25 |
| (D) any device which is powered by electrical |
26 |
| charging units, such as
batteries, and which fires |
|
|
|
09600SB3503sam001 |
- 11 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| one or several barbs attached to a length of
wire |
2 |
| and which, upon hitting a human, can send out |
3 |
| current capable of
disrupting the person's nervous |
4 |
| system in such a manner as to render him
incapable |
5 |
| of normal functioning, commonly referred to as a |
6 |
| stun gun or taser. |
7 |
| (vii) "Firearm ammunition" means any |
8 |
| self-contained cartridge or shotgun
shell, by whatever |
9 |
| name known, which is designed to be used or adaptable |
10 |
| to
use in a firearm, including but not limited to: |
11 |
| (A) any ammunition exclusively designed for |
12 |
| use with a device used
exclusively for signaling or |
13 |
| safety and required or recommended by the
United |
14 |
| States Coast Guard or the Interstate Commerce |
15 |
| Commission; or |
16 |
| (B) any ammunition designed exclusively for |
17 |
| use with a stud or rivet
driver or other similar |
18 |
| industrial ammunition. |
19 |
| (viii) "Explosive" means, but is not limited to, |
20 |
| bomb, bombshell,
grenade, bottle or other container |
21 |
| containing an explosive substance of
over one-quarter |
22 |
| ounce for like purposes such as black powder bombs and
|
23 |
| Molotov cocktails or artillery projectiles. |
24 |
| (ix) "Tool to defeat security mechanisms" means, |
25 |
| but is not limited
to,
handcuff or security restraint |
26 |
| key, tool designed to pick locks, popper, or any device |
|
|
|
09600SB3503sam001 |
- 12 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| or
instrument used to or capable of unlocking or |
2 |
| preventing from locking any handcuff or security |
3 |
| restraints, doors to
cells, rooms, gates or other areas |
4 |
| of the penal institution. |
5 |
| (x) "Cutting tool" means, but is not limited to, |
6 |
| hacksaw blade,
wirecutter, or device, instrument or |
7 |
| file capable of cutting through metal. |
8 |
| (xi) "Electronic contraband" means, but is not |
9 |
| limited to, any
electronic, video recording device, |
10 |
| computer, or cellular communications
equipment, |
11 |
| including, but not
limited to, cellular telephones, |
12 |
| cellular telephone batteries, videotape
recorders, |
13 |
| pagers,
computers, and computer peripheral equipment. |
14 |
| For a violation of subsection (a) or (b) involving a |
15 |
| cellular telephone or cellular telephone battery, the |
16 |
| defendant must intend to provide the cellular telephone or |
17 |
| cellular telephone battery to any inmate in a penal |
18 |
| institution, or to use the cellular telephone or cellular |
19 |
| telephone battery at the direction of an inmate or for the |
20 |
| benefit of any inmate of a penal institution. |
21 |
| (e) A violation of paragraphs (a) or (b) of this Section |
22 |
| involving alcohol
is a Class 4 felony. A violation of paragraph |
23 |
| (a) or (b) of this Section
involving cannabis is a Class 2 |
24 |
| felony. A violation of paragraph (a) or (b)
involving any |
25 |
| amount of a controlled substance classified in Schedules III, |
26 |
| IV
or V of Article II of the Illinois Controlled Substances Act |
|
|
|
09600SB3503sam001 |
- 13 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| is a Class 1
felony. A
violation of paragraph (a) or (b) of |
2 |
| this Section involving any amount of a
controlled substance |
3 |
| classified in Schedules I or II of Article II of the
Illinois |
4 |
| Controlled Substances Act is a Class X felony. A violation of
|
5 |
| paragraph (a) or
(b) involving an item of contraband listed in |
6 |
| paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
7 |
| violation of paragraph (a) or (b) involving an
item of |
8 |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) |
9 |
| is
a Class 1
felony. A violation of paragraph (a) or (b) |
10 |
| involving an item of contraband
listed in paragraphs (vi), |
11 |
| (vii) or (viii) of subsection (d)(4) is a Class X
felony. |
12 |
| (f) A violation of paragraph (c) of this Section involving |
13 |
| alcoholic
liquor is a Class 3 felony. A violation of paragraph |
14 |
| (c) involving cannabis
is a Class 1 felony. A violation of |
15 |
| paragraph (c) involving any amount of a
controlled substance |
16 |
| classified in Schedules III, IV or V of Article II of the
|
17 |
| Illinois Controlled Substances Act is a Class X felony. A |
18 |
| violation of
paragraph (c)
involving any amount of a controlled |
19 |
| substance classified in Schedules I or II
of Article II of the |
20 |
| Illinois Controlled Substances Act is a Class X felony
for |
21 |
| which
the minimum term of imprisonment shall be 8 years. A |
22 |
| violation of paragraph
(c) involving an item of contraband |
23 |
| listed in paragraph (iv) of subsection
(d)(4) is a Class X |
24 |
| felony for which the minimum term of imprisonment shall be
8 |
25 |
| years. A violation of paragraph (c) involving an item of |
26 |
| contraband listed
in paragraph (v), (ix) or (x) of subsection |
|
|
|
09600SB3503sam001 |
- 14 - |
LRB096 18517 RLC 37473 a |
|
|
1 |
| (d)(4) is a Class X felony for
which the minimum
term of |
2 |
| imprisonment shall be 10 years. A violation of paragraph (c) |
3 |
| involving
an item of contraband listed in paragraphs (vi), |
4 |
| (vii) or (viii) of subsection
(d)(4) is a Class X felony for |
5 |
| which the minimum term of imprisonment shall be
12 years. |
6 |
| (g) Items confiscated may be retained for use by the |
7 |
| Department of
Corrections or disposed of as deemed appropriate |
8 |
| by the Chief Administrative
Officer in accordance with |
9 |
| Department rules or disposed of as required by
law. |
10 |
| (h) For a violation of subsection (a) or (b) involving |
11 |
| items described in clause (i), (v), (vi), (vii), (ix), (x), or |
12 |
| (xi) of paragraph (4) of subsection (d), such items shall not |
13 |
| be considered to be in a penal institution when they are |
14 |
| secured in an employee's locked, private motor vehicle parked |
15 |
| on the grounds of a penal institution. |
16 |
| (Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)".
|