104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1571
 
Introduced 2/4/2025, by Sen. Sally J. Turner
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31A-1.1  from Ch. 38, par. 31A-1.1
    Amends the Criminal Code of 2012. Increases the penalty from a Class 1 felony to a Class X felony for bringing into or possessing in a penal institution any amount of a controlled substance classified as a Schedules I or II controlled substance under the Illinois Controlled Substances Act. 


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A BILL FOR
 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 31A-1.1 as follows:
 
6    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
7    Sec. 31A-1.1. Bringing Contraband into a Penal 
8Institution; Possessing Contraband in a Penal Institution.
9    (a) A person commits bringing contraband into a penal 
10institution when he or she knowingly and without authority of 
11any person designated or authorized to grant this authority 
12(1) brings an item of contraband into a penal institution or 
13(2) causes another to bring an item of contraband into a penal 
14institution or (3) places an item of contraband in such 
15proximity to a penal institution as to give an inmate access to 
16the contraband.
17    (b) A person commits possessing contraband in a penal 
18institution when he or she knowingly possesses contraband in a 
19penal institution, regardless of the intent with which he or 
20she possesses it.
21    (c) (Blank).
22    (d) Sentence.
23        (1) Bringing into or possessing alcoholic liquor in a 
 
 
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1    penal institution is a Class 4 felony.
2        (2) Bringing into or possessing cannabis in a penal 
3    institution is a Class 3 felony. 
4        (3) Bringing into or possessing any amount of a 
5    controlled substance classified in Schedules III, IV or V 
6    of Article II of the Illinois Controlled Substances Act in 
7    a penal institution is a Class 2 felony.
8        (4) Bringing into or possessing any amount of a 
9    controlled substance classified in Schedules I or II of 
10    Article II of the Illinois Controlled Substances Act in a 
11    penal institution is a Class X 1 felony.
12        (5) Bringing into or possessing a hypodermic syringe 
13    in a penal institution is a Class 1 felony.
14        (6) Bringing into or possessing a weapon, tool to 
15    defeat security mechanisms, cutting tool, or electronic 
16    contraband in a penal institution is a Class 1 felony.
17        (7) Bringing into or possessing a firearm, firearm 
18    ammunition, or explosive in a penal institution is a Class 
19    X felony. 
20    (e) It shall be an affirmative defense to subsection (b), 
21that the possession was specifically authorized by rule, 
22regulation, or directive of the governing authority of the 
23penal institution or order issued under it.
24    (f) It shall be an affirmative defense to subsection 
25(a)(1) and subsection (b) that the person bringing into or 
26possessing contraband in a penal institution had been 
 
 
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1arrested, and that person possessed the contraband at the time 
2of his or her arrest, and that the contraband was brought into 
3or possessed in the penal institution by that person as a 
4direct and immediate result of his or her arrest.
5    (g) Items confiscated may be retained for use by the 
6Department of Corrections or disposed of as deemed appropriate 
7by the Chief Administrative Officer in accordance with 
8Department rules or disposed of as required by law.
9(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)