94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2412


 
Introduced 2/17/2005, by Rep. John E. Bradley
 
SYNOPSIS AS INTRODUCED:
 		
















720 ILCS 5/31A-1.1
  from Ch. 38, par. 31A-1.1


720 ILCS 5/31A-1.2
  from Ch. 38, par. 31A-1.2







    Amends the Criminal Code of 1961 relating to the offenses of bringing contraband into a penal
institution, possessing contraband in a
penal institution,  and unauthorized bringing of contraband into
a penal institution by an employee.  Provides that "M" (Mature) and "AO" (Adults Only) rated video games are contraband in Illinois Department of Corrections institutions and facilities and that  bringing into or possessing an "M" or "AO" rated video game in an Illinois Department of Corrections institution or facility whether by a prisoner, employee, or other person is  a Class A misdemeanor.  Prohibits the Director of Corrections or chief administrative officer of a Department of Corrections institution or facility from authorizing "M" or "AO" rated video games to be brought into or possessed by any person in an Illinois Department of Corrections institution or facility.
















LRB094 08327 RLC 41279 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2412

LRB094 08327 RLC 41279 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Sections 31A-1.1 and 31A-1.2 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 
8
Institution;
Possessing Contraband in a Penal Institution.

9
    (a) A person commits the offense of bringing contraband 
10
into a penal
institution when he knowingly and without 
11
authority of any person designated
or authorized to grant such 
12
authority (1) brings an item of contraband into
a penal 
13
institution or (2) causes another to bring an item of

14
contraband into a penal institution or (3) places an item of

15
contraband in such proximity to a penal institution as to give 
16
an
inmate access to the contraband.

17
    (b) A person commits the offense of possessing contraband 
18
in a
penal institution when he possesses contraband in a penal 
19
institution,
regardless of the intent with which he possesses 
20
it.

21
    (c) For the purposes of this Section, the words and phrases

22
listed below shall be defined as follows:


23
        (1) "Penal institution" for the purposes of items of 
24
    contraband specified in clauses (i) through (xi) of 
25
    subsection (c)(2) means any penitentiary, State farm,

26
    reformatory, prison, jail, house of correction, police 
27
    detention area,
half-way house or other institution or 
28
    place for the incarceration or
custody of persons under 
29
    sentence for offenses awaiting trial or sentence
for 
30
    offenses, under arrest for an offense, a violation of 
31
    probation, a
violation of parole, or a violation of 
32
    mandatory supervised release, or
awaiting a bail setting 
 


 






HB2412
- 2 -
LRB094 08327 RLC 41279 b




1
    hearing or preliminary hearing; provided that where
the 
2
    place for incarceration or custody is housed within another 
3
    public
building this Act shall not apply to that part of 
4
    such building unrelated
to the incarceration or custody of 
5
    persons. "Penal institution" for purposes of items of 
6
    contraband specified in paragraph (xii) of subsection 
7
    (c)(2) means an institution or facility of the Illinois 
8
    Department of Corrections.



9
        (2) "Item of contraband" means any of the following:


10
            (i) "Alcoholic liquor" as such term is defined in 
11
        Section 1-3.05 of The
Liquor Control Act of 1934 as 
12
        such Act may be now or hereafter amended.


13
            (ii) "Cannabis" as such term is defined in 
14
        subsection (a) of Section 3
of the "Cannabis Control 
15
        Act", approved August 16, 1971, as
now or hereafter 
16
        amended.


17
            (iii) "Controlled substance" as such term is 
18
        defined in the "Illinois
Controlled Substances Act", 
19
        approved August 16, 1971, as
now or hereafter amended.


20
            (iv) "Hypodermic syringe" or hypodermic needle, or 
21
        any instrument
adapted for use of controlled 
22
        substances or cannabis by subcutaneous injection.


23
            (v) "Weapon" means any knife, dagger, dirk, billy, 
24
        razor, stiletto,
broken bottle, or other piece of glass 
25
        which could be used as a dangerous
weapon.  Such term 
26
        includes any of the devices or implements designated in

27
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
28
        of this
Act, or any other dangerous weapon or 
29
        instrument of like character. 


30
            (vi) "Firearm" means any device, by whatever name 
31
        known, which is
designed to expel a projectile or 
32
        projectiles by the action of an
explosion, expansion of 
33
        gas or escape of gas, including but not limited to:


34
                (A) any pneumatic gun, spring gun, or B-B gun 
35
            which expels a single
globular projectile not 
36
            exceeding .18 inch in diameter, or;


 


 






HB2412
- 3 -
LRB094 08327 RLC 41279 b




1
                (B) any device used exclusively for signaling 
2
            or safety and required
as
recommended by the United 
3
            States Coast Guard or the Interstate Commerce

4
            Commission; or


5
                (C) any device used exclusively for the firing 
6
            of stud cartridges,
explosive rivets or industrial 
7
            ammunition; or


8
                (D) any device which is powered by electrical 
9
            charging units, such as
batteries, and which fires 
10
            one or several barbs attached to a length of
wire 
11
            and which, upon hitting a human, can send out 
12
            current capable of
disrupting the person's nervous 
13
            system in such a manner as to render him
incapable 
14
            of normal functioning, commonly referred to as a 
15
            stun gun or taser.


16
            (vii) "Firearm ammunition" means any 
17
        self-contained cartridge or shotgun
shell, by whatever 
18
        name known, which is designed to be used or adaptable 
19
        to
use in a firearm, including but not limited to:


20
                (A) any ammunition exclusively designed for 
21
            use with a device used
exclusively for signaling or 
22
            safety and required or recommended by the
United 
23
            States Coast Guard or the Interstate Commerce 
24
            Commission; or


25
                (B) any ammunition designed exclusively for 
26
            use with a stud or rivet
driver or other similar 
27
            industrial ammunition.


28
            (viii) "Explosive" means, but is not limited to, 
29
        bomb, bombshell,
grenade, bottle or other container 
30
        containing an explosive substance of
over one-quarter 
31
        ounce for like purposes such as black powder bombs and

32
        Molotov cocktails or artillery projectiles.


33
            (ix) "Tool to defeat security mechanisms" means, 
34
        but is not limited to,
handcuff or security restraint 
35
        key, tool designed to pick locks, or device or

36
        instrument capable of unlocking handcuff or security 
 


 






HB2412
- 4 -
LRB094 08327 RLC 41279 b




1
        restraints, doors to
cells, rooms, gates or other areas 
2
        of the penal institution.


3
            (x) "Cutting tool" means, but is not limited to, 
4
        hacksaw blade,
wirecutter,
or device, instrument or 
5
        file capable of cutting through metal.


6
            (xi) "Electronic contraband" means, but is not 
7
        limited to, any
electronic, video recording device, 
8
        computer, or cellular communications
equipment, 
9
        including, but not
limited to, cellular telephones, 
10
        cellular telephone batteries, videotape
recorders, 
11
        pagers,
computers, and computer peripheral equipment 
12
        brought into or possessed in a
penal institution 
13
        without the written authorization of the Chief 
14
        Administrative
Officer.

15
            (xii) With respect to institutions and facilities 
16
        of the Illinois Department of Corrections only, video 
17
        games rated "M" (Mature) or "AO" (Adults Only) by the 
18
        Entertainment Software Rating Board.

19
    (c-5) Bringing an "M" or "AO" rated video game into an 
20
Illinois Department of Corrections institution or facility is a 
21
Class A misdemeanor.  Possessing an "M" or "AO" rated video game 
22
in an Illinois Department of Corrections institution or 
23
facility is a Class A misdemeanor.

24
    (d) Bringing alcoholic liquor into a penal institution is a 
25
Class 4
felony.  Possessing alcoholic liquor in a penal 
26
institution is a Class 4
felony.

27
    (e) Bringing cannabis into a penal institution is a Class 3 
28
felony.
Possessing cannabis in a penal institution is a Class 3 
29
felony.

30
    (f) Bringing any amount of a controlled substance 
31
classified in
Schedules III, IV or V of Article II of the 
32
Controlled Substance Act into a
penal institution is a Class 2 
33
felony.  Possessing any amount of a
controlled substance 
34
classified in Schedule III, IV, or V of Article II of
the 
35
Controlled Substance Act in a penal institution is a Class 2 
36
felony.

 


 






HB2412
- 5 -
LRB094 08327 RLC 41279 b




1
    (g) Bringing any amount of a controlled substance 
2
classified in
Schedules I or II of Article II of the Controlled 
3
Substance Act into a
penal institution is a Class 1 felony.  
4
Possessing any amount of a
controlled substance classified in 
5
Schedules I or II of Article II of the
Controlled Substance Act 
6
in a penal institution is a Class 1 felony.

7
    (h) Bringing an item of contraband listed in paragraph (iv) 
8
of
subsection (c)(2) into a penal institution is a Class 1 
9
felony.  Possessing
an item of contraband listed in paragraph 
10
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
11
felony.

12
    (i) Bringing an item of contraband listed in paragraph (v), 
13
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
14
institution is a Class 1 felony.  Possessing an item of

15
contraband listed in paragraph (v), (ix), (x), or (xi) of

16
subsection (c)(2) in a
penal
institution is a Class 1 felony.

17
    (j) Bringing an item of contraband listed in paragraphs 
18
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
19
institution is a Class X felony.
Possessing an item of 
20
contraband listed in paragraphs (vi), (vii), or
(viii) of 
21
subsection (c)(2) in a penal institution is a Class X felony.

22
    (k) It shall be an affirmative defense to subsection
(b) 
23
hereof, that
such possession was specifically authorized by 
24
rule, regulation, or
directive of the governing authority of 
25
the penal institution or order
issued pursuant thereto.

26
    (l) It shall be an affirmative defense to subsection (a)(1) 
27
and
subsection (b) hereof that the person bringing into or 
28
possessing
contraband in a penal institution had been arrested, 
29
and that that person
possessed such contraband at the time of 
30
his
arrest, and that such contraband was brought into or 
31
possessed in the penal
institution by that person as a direct 
32
and immediate result of his arrest.

33
    (l-5) The Director of Corrections or chief administrative 
34
officer of a Department of Corrections institution or facility 
35
may not authorize the bringing  into or possession of "M" or 
36
"AO" rated video games in a Department of Corrections 
 


 






HB2412
- 6 -
LRB094 08327 RLC 41279 b




1
institution or facility.

2
    (m) Items confiscated may be retained for use by the 
3
Department of
Corrections or disposed of as deemed appropriate 
4
by the Chief Administrative
Officer in accordance with 
5
Department rules or disposed of as required by
law.

6
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)

 



7
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)



8
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
9
penal institution
by an employee; unauthorized possessing of 
10
contraband in a penal institution by
an employee; unauthorized 
11
delivery of contraband in a penal institution by an
employee.

12
    (a) A person commits the offense of unauthorized bringing 
13
of contraband into
a penal institution by an employee when a 
14
person who is an employee knowingly
and without authority or 
15
any person designated or authorized to grant such
authority:


16
        (1) brings or attempts to bring an item of contraband 
17
    listed in paragraphs
(i) through (iv) or (xii) of 
18
    subsection (d)(4) into a penal institution, or


19
        (2) causes or permits another to bring an item of 
20
    contraband listed in
paragraphs (i) through (iv) or (xii)

21
    of subsection (d)(4) into a penal
institution.

22
    (b) A person commits the offense of unauthorized possession 
23
of contraband in
a penal institution by an employee when a 
24
person who is an employee knowingly
and without authority of 
25
any person designated or authorized to grant such
authority 
26
possesses contraband listed in paragraphs (i) through (iv) or 
27
(xii) of
subsection (d)(4) in a penal institution, regardless 
28
of the intent with which
he possesses it.

29
    (c) A person commits the offense of unauthorized delivery 
30
of contraband
in a penal institution by an employee when a 
31
person who is an employee
knowingly and without authority of 
32
any person designated or authorized to grant
such authority:


33
        (1) delivers or possesses with intent to deliver an 
34
    item of contraband
to any inmate of a penal institution, or


35
        (2) conspires to deliver or solicits the delivery of an 
 


 






HB2412
- 7 -
LRB094 08327 RLC 41279 b




1
    item of
contraband to any inmate of a penal institution, or


2
        (3) causes or permits the delivery of an item of 
3
    contraband to any
inmate of a penal institution, or


4
        (4) permits another person to attempt to deliver an 
5
    item of contraband to
any inmate of a penal institution.

6
    (d) For purpose of this Section, the words and phrases 
7
listed below
shall be defined as follows:


8
        (1) "Penal Institution" shall have the meaning 
9
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
10
    this Code;


11
        (2) "Employee" means any elected or appointed officer, 
12
    trustee or
employee of a penal institution or of the 
13
    governing authority of the penal
institution, or any person 
14
    who performs services for the penal institution
pursuant to 
15
    contract with the penal institution or its governing

16
    authority.


17
        (3) "Deliver" or "delivery" means the actual, 
18
    constructive or attempted
transfer of possession of an item 
19
    of contraband, with or without consideration,
whether or 
20
    not there is an agency relationship;


21
        (4) "Item of contraband" means any of the following:


22
            (i) "Alcoholic liquor" as such term is defined in 
23
        Section 1-3.05 of the
Liquor Control Act of 1934.


24
            (ii) "Cannabis" as such term is defined in 
25
        subsection (a) of
Section 3 of the Cannabis Control 
26
        Act.


27
            (iii) "Controlled substance" as such term is 
28
        defined in the Illinois
Controlled Substances Act.


29
            (iv) "Hypodermic syringe" or hypodermic needle, or 
30
        any instrument
adapted for use of controlled 
31
        substances or cannabis by subcutaneous injection.


32
            (v) "Weapon" means any knife, dagger, dirk, billy, 
33
        razor, stiletto,
broken bottle, or other piece of glass 
34
        which could be used as a dangerous
weapon.  Such term 
35
        includes any of the devices or implements designated in

36
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
 


 






HB2412
- 8 -
LRB094 08327 RLC 41279 b




1
        of this Act, or any
other dangerous weapon or 
2
        instrument of like character.


3
            (vi) "Firearm" means any device, by whatever name 
4
        known, which is
designed to expel a projectile or 
5
        projectiles by the action of an explosion,
expansion of 
6
        gas or escape of gas, including but not limited to:


7
                (A) any pneumatic gun, spring gun, or B-B gun 
8
            which expels a single
globular projectile not 
9
            exceeding .18 inch in diameter; or


10
                (B) any device used exclusively for signaling 
11
            or safety and required
or recommended by the United 
12
            States Coast Guard or the Interstate Commerce

13
            Commission; or


14
                (C) any device used exclusively for the firing 
15
            of stud cartridges,
explosive rivets or industrial 
16
            ammunition; or


17
                (D) any device which is powered by electrical 
18
            charging units, such as
batteries, and which fires 
19
            one or several barbs attached to a length of
wire 
20
            and which, upon hitting a human, can send out 
21
            current capable of
disrupting the person's nervous 
22
            system in such a manner as to render him
incapable 
23
            of normal functioning, commonly referred to as a 
24
            stun gun or taser.


25
            (vii) "Firearm ammunition" means any 
26
        self-contained cartridge or shotgun
shell, by whatever 
27
        name known, which is designed to be used or adaptable 
28
        to
use in a firearm, including but not limited to:


29
                (A) any ammunition exclusively designed for 
30
            use with a device used
exclusively for signaling or 
31
            safety and required or recommended by the
United 
32
            States Coast Guard or the Interstate Commerce 
33
            Commission; or


34
                (B) any ammunition designed exclusively for 
35
            use with a stud or rivet
driver or other similar 
36
            industrial ammunition.


 


 






HB2412
- 9 -
LRB094 08327 RLC 41279 b




1
            (viii) "Explosive" means, but is not limited to, 
2
        bomb, bombshell,
grenade, bottle or other container 
3
        containing an explosive substance of
over one-quarter 
4
        ounce for like purposes such as black powder bombs and

5
        Molotov cocktails or artillery projectiles.


6
            (ix) "Tool to defeat security mechanisms" means, 
7
        but is not limited
to,
handcuff or security restraint 
8
        key, tool designed to pick locks, or device or

9
        instrument capable of unlocking handcuff or security 
10
        restraints, doors to
cells, rooms, gates or other areas 
11
        of the penal institution.


12
            (x) "Cutting tool" means, but is not limited to, 
13
        hacksaw blade,
wirecutter, or device, instrument or 
14
        file capable of cutting through metal.


15
            (xi) "Electronic contraband" means, but is not 
16
        limited to, any
electronic, video recording device, 
17
        computer, or cellular communications
equipment, 
18
        including, but not
limited to, cellular telephones, 
19
        cellular telephone batteries, videotape
recorders, 
20
        pagers,
computers, and computer peripheral equipment.

21
            (xii) With respect to institutions and facilities 
22
        of the Illinois Department of Corrections only, video 
23
        games rated "M" (Mature) or "AO" (Adults Only) by the 
24
        Entertainment Software Rating Board.

25
    (e) A violation of paragraph (a) or (b) of this Section 
26
involving an "M" or "AO" rated video game is a Class A 
27
misdemeanor. A violation of paragraphs (a) or (b) of this 
28
Section involving alcohol
is a Class 4 felony. A violation of 
29
paragraph (a) or (b) of this Section
involving cannabis is a 
30
Class 2 felony.  A violation of paragraph (a) or (b)
involving 
31
any amount of a controlled substance classified in Schedules 
32
III, IV
or V of Article II of the Illinois Controlled 
33
Substances Act is a Class 1
felony.  A
violation of paragraph 
34
(a) or (b) of this Section involving any amount of a
controlled 
35
substance classified in Schedules I or II of Article II of the

36
Illinois Controlled Substances Act is a Class X felony.  A 
 


 






HB2412
- 10 -
LRB094 08327 RLC 41279 b




1
violation of
paragraph (a) or
(b) involving an item of 
2
contraband listed in paragraph (iv) of subsection
(d)(4) is a 
3
Class X felony. A violation of paragraph (a) or (b) involving 
4
an
item of contraband listed in paragraph (v) or (xi) of 
5
subsection (d)(4) is
a Class 1
felony.  A violation of paragraph 
6
(a) or (b) involving an item of contraband
listed in paragraphs 
7
(vi), (vii) or (viii) of subsection (d)(4) is a Class X
felony.

8
    (f) A violation of paragraph (c) of this Section involving 
9
an "M" or "AO" rated video game is a Class A misdemeanor. A 
10
violation of paragraph (c) of this Section involving alcoholic

11
liquor is a Class 3 felony.   A violation of paragraph (c) 
12
involving cannabis
is a Class 1 felony.  A violation of 
13
paragraph (c) involving any amount of a
controlled substance 
14
classified in Schedules III, IV or V of Article II of the

15
Illinois Controlled Substances Act is a Class X felony.  A 
16
violation of
paragraph (c)
involving any amount of a controlled 
17
substance classified in Schedules I or II
of Article II of the 
18
Illinois Controlled Substances Act is a Class X felony
for 
19
which
the minimum term of imprisonment shall be 8 years.  A 
20
violation of paragraph
(c) involving an item of contraband 
21
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
22
felony for which the minimum term of imprisonment shall be
8 
23
years.  A violation of paragraph (c) involving an item of 
24
contraband listed
in paragraph (v), (ix) or (x) of subsection 
25
(d)(4) is a Class X felony for
which the minimum
term of 
26
imprisonment shall be 10 years.  A violation of paragraph (c) 
27
involving
an item of contraband listed in paragraphs (vi), 
28
(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
29
which the minimum term of imprisonment shall be
12 years.

30
    (f-5) The Director of Corrections or chief administrative 
31
officer of a Department of Corrections institution or facility 
32
may not authorize the bringing  into or possession of "M" or 
33
"AO" rated video games by an employee in a Department of 
34
Corrections institution or facility.

35
    (g) Items confiscated may be retained for use by the 
36
Department of
Corrections or disposed of as deemed appropriate 
 


 






HB2412
- 11 -
LRB094 08327 RLC 41279 b




1
by the Chief Administrative
Officer in accordance with 
2
Department rules or disposed of as required by
law.

3
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)