Rep. John E. Bradley
Filed: 3/15/2005
 
 

 




 

 		












09400HB2412ham002

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AMENDMENT TO HOUSE BILL 2412




2
    AMENDMENT NO. ______. Amend House Bill 2412, AS AMENDED, by 
3
replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Criminal Code of 1961 is amended  by 
6
re-enacting in their entirety and changing Sections 31A-1.1 and 
7
31A-1.2 as follows:
 



8
    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)



9
    Sec. 31A-1.1. Bringing Contraband into a Penal 
10
Institution;
Possessing Contraband in a Penal Institution.

11
    (a) A person commits the offense of bringing contraband 
12
into a penal
institution when he knowingly and without 
13
authority of any person designated
or authorized to grant such 
14
authority (1) brings an item of contraband into
a penal 
15
institution or (2) causes another to bring an item of

16
contraband into a penal institution or (3) places an item of

17
contraband in such proximity to a penal institution as to give 
18
an
inmate access to the contraband.

19
    (b) A person commits the offense of possessing contraband 
20
in a
penal institution when he possesses contraband in a penal 
21
institution,
regardless of the intent with which he possesses 
22
it.

23
    (c) For the purposes of this Section, the words and phrases

24
listed below shall be defined as follows:


 


 






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        (1) "Penal institution" for the purposes of items of 
2
    contraband specified in clauses (i) through (xi) of 
3
    subsection (c)(2) means any penitentiary, State farm,

4
    reformatory, prison, jail, house of correction, police 
5
    detention area,
half-way house or other institution or 
6
    place for the incarceration or
custody of persons under 
7
    sentence for offenses awaiting trial or sentence
for 
8
    offenses, under arrest for an offense, a violation of 
9
    probation, a
violation of parole, or a violation of 
10
    mandatory supervised release, or
awaiting a bail setting 
11
    hearing or preliminary hearing; provided that where
the 
12
    place for incarceration or custody is housed within another 
13
    public
building this Act shall not apply to that part of 
14
    such building unrelated
to the incarceration or custody of 
15
    persons. "Penal institution" for purposes of items of 
16
    contraband specified in paragraph (xii) of subsection 
17
    (c)(2) means an institution or facility of the Juvenile 
18
    Division of the Illinois Department of Corrections that 
19
    houses minors who have been adjudicated delinquent.



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 as 
23
        such Act may be now or hereafter amended.


24
            (ii) "Cannabis" as such term is defined in 
25
        subsection (a) of Section 3
of the "Cannabis Control 
26
        Act", approved August 16, 1971, as
now or hereafter 
27
        amended.


28
            (iii) "Controlled substance" as such term is 
29
        defined in the "Illinois
Controlled Substances Act", 
30
        approved August 16, 1971, as
now or hereafter amended.


31
            (iv) "Hypodermic syringe" or hypodermic needle, or 
32
        any instrument
adapted for use of controlled 
33
        substances or cannabis by subcutaneous injection.


34
            (v) "Weapon" means any knife, dagger, dirk, billy, 
 


 






09400HB2412ham002
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        razor, stiletto,
broken bottle, or other piece of glass 
2
        which could be used as a dangerous
weapon.  Such term 
3
        includes any of the devices or implements designated in

4
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
5
        of this
Act, or any other dangerous weapon or 
6
        instrument of like character. 


7
            (vi) "Firearm" means any device, by whatever name 
8
        known, which is
designed to expel a projectile or 
9
        projectiles by the action of an
explosion, expansion of 
10
        gas or escape of gas, including but not limited to:


11
                (A) any pneumatic gun, spring gun, or B-B gun 
12
            which expels a single
globular projectile not 
13
            exceeding .18 inch in diameter, or;


14
                (B) any device used exclusively for signaling 
15
            or safety and required
as
recommended by the United 
16
            States Coast Guard or the Interstate Commerce

17
            Commission; or


18
                (C) any device used exclusively for the firing 
19
            of stud cartridges,
explosive rivets or industrial 
20
            ammunition; or


21
                (D) any device which is powered by electrical 
22
            charging units, such as
batteries, and which fires 
23
            one or several barbs attached to a length of
wire 
24
            and which, upon hitting a human, can send out 
25
            current capable of
disrupting the person's nervous 
26
            system in such a manner as to render him
incapable 
27
            of normal functioning, commonly referred to as a 
28
            stun gun or taser.


29
            (vii) "Firearm ammunition" means any 
30
        self-contained cartridge or shotgun
shell, by whatever 
31
        name known, which is designed to be used or adaptable 
32
        to
use in a firearm, including but not limited to:


33
                (A) any ammunition exclusively designed for 
34
            use with a device used
exclusively for signaling or 
 


 






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            safety and required or recommended by the
United 
2
            States Coast Guard or the Interstate Commerce 
3
            Commission; or


4
                (B) any ammunition designed exclusively for 
5
            use with a stud or rivet
driver or other similar 
6
            industrial ammunition.


7
            (viii) "Explosive" means, but is not limited to, 
8
        bomb, bombshell,
grenade, bottle or other container 
9
        containing an explosive substance of
over one-quarter 
10
        ounce for like purposes such as black powder bombs and

11
        Molotov cocktails or artillery projectiles.


12
            (ix) "Tool to defeat security mechanisms" means, 
13
        but is not limited to,
handcuff or security restraint 
14
        key, tool designed to pick locks, or device or

15
        instrument capable of unlocking handcuff or security 
16
        restraints, doors to
cells, rooms, gates or other areas 
17
        of the penal institution.


18
            (x) "Cutting tool" means, but is not limited to, 
19
        hacksaw blade,
wirecutter,
or device, instrument or 
20
        file capable of cutting through metal.


21
            (xi) "Electronic contraband" means, but is not 
22
        limited to, any
electronic, video recording device, 
23
        computer, or cellular communications
equipment, 
24
        including, but not
limited to, cellular telephones, 
25
        cellular telephone batteries, videotape
recorders, 
26
        pagers,
computers, and computer peripheral equipment 
27
        brought into or possessed in a
penal institution 
28
        without the written authorization of the Chief 
29
        Administrative
Officer.

30
            (xii) With respect to institutions and facilities 
31
        of the Juvenile Division of the Illinois Department of 
32
        Corrections that house minors who have been 
33
        adjudicated delinquent only, video games that are 
34
        harmful to minors and violent video games.

 


 






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        (3) "Harmful to minors" means that quality of any 
2
    description or representation, in whatever form, of 
3
    nudity, sexual conduct, sexual excitement, or 
4
    sado-masochistic abuse, when, taken as a whole, it (i) 
5
    predominately appeals to the prurient interest in sex of 
6
    minors, (ii) is patently offensive to prevailing standards 
7
    in the adult community in the State as a whole with respect 
8
    to what is suitable material for minors, and (iii) lacks 
9
    serious literary, artistic, political, or scientific value 
10
    for minors.
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        (4) "Nudity" means the showing of the human male or 
12
    female genitals, pubic area or buttocks with less than a 
13
    full opaque covering, or the showing of the female breast 
14
    with less than a fully opaque covering of any portion below 
15
    the top of the nipple, or the depiction of covered male 
16
    genitals in a discernably turgid state.

17
        (5) "Sado-masochistic abuse" means flagellation or 
18
    torture by or upon a person clad in undergarments, a mask 
19
    or bizarre costume, or the condition of being fettered, 
20
    bound or otherwise physically restrained on the part of one 
21
    clothed for sexual gratification or stimulation.

22
        (6) "Sexual conduct" means acts of masturbation, 
23
    sexual intercourse, or physical contact with a person's 
24
    clothed or unclothed genitals, pubic area, buttocks or, if 
25
    such person be a female, breast.

26
        "Sexual excitement" means the condition of human male 
27
    or female genitals when in a state of sexual stimulation or 
28
    arousal.

29
        (7) "Video game" means an object or device that stores

30
    recorded data or instructions, receives data or 
31
    instructions
generated by a person who uses it, and, by 
32
    processing the data
or instructions, creates an 
33
    interactive game capable of being
played, viewed, or 
34
    experienced on or through a computer, gaming
system, 
 


 






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    console, or other technology.

2
        (8) "Violent" video games include depictions of or 
3
    simulations of human-on-human violence in which the player 
4
    kills, seriously injures, or otherwise causes serious 
5
    physical harm to another human, including but not limited 
6
    to depictions of death, dismemberment, amputation, 
7
    decapitation, maiming, disfigurement, mutilation of body 
8
    parts, or rape.

9
    (c-5) Bringing a video game that is harmful to minors or a 
10
violent video game into an institution or  facility of the 
11
Juvenile Division of the Illinois Department of Corrections is 
12
a Class A misdemeanor.  Possessing a  video game that is harmful 
13
to minors or a violent video game in an institution or facility 
14
of the Juvenile Division of the Illinois Department of 
15
Corrections  is a Class A misdemeanor.

16
    (d) Bringing alcoholic liquor into a penal institution is a 
17
Class 4
felony.  Possessing alcoholic liquor in a penal 
18
institution is a Class 4
felony.

19
    (e) Bringing cannabis into a penal institution is a Class 3 
20
felony.
Possessing cannabis in a penal institution is a Class 3 
21
felony.

22
    (f) Bringing any amount of a controlled substance 
23
classified in
Schedules III, IV or V of Article II of the 
24
Controlled Substance Act into a
penal institution is a Class 2 
25
felony.  Possessing any amount of a
controlled substance 
26
classified in Schedule III, IV, or V of Article II of
the 
27
Controlled Substance Act in a penal institution is a Class 2 
28
felony.

29
    (g) Bringing any amount of a controlled substance 
30
classified in
Schedules I or II of Article II of the Controlled 
31
Substance Act into a
penal institution is a Class 1 felony.  
32
Possessing any amount of a
controlled substance classified in 
33
Schedules I or II of Article II of the
Controlled Substance Act 
34
in a penal institution is a Class 1 felony.

 


 






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    (h) Bringing an item of contraband listed in paragraph (iv) 
2
of
subsection (c)(2) into a penal institution is a Class 1 
3
felony.  Possessing
an item of contraband listed in paragraph 
4
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
5
felony.

6
    (i) Bringing an item of contraband listed in paragraph (v), 
7
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
8
institution is a Class 1 felony.  Possessing an item of

9
contraband listed in paragraph (v), (ix), (x), or (xi) of

10
subsection (c)(2) in a
penal
institution is a Class 1 felony.

11
    (j) Bringing an item of contraband listed in paragraphs 
12
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
13
institution is a Class X felony.
Possessing an item of 
14
contraband listed in paragraphs (vi), (vii), or
(viii) of 
15
subsection (c)(2) in a penal institution is a Class X felony.

16
    (k) It shall be an affirmative defense to subsection
(b) 
17
hereof, that
such possession was specifically authorized by 
18
rule, regulation, or
directive of the governing authority of 
19
the penal institution or order
issued pursuant thereto.

20
    (l) It shall be an affirmative defense to subsection (a)(1) 
21
and
subsection (b) hereof that the person bringing into or 
22
possessing
contraband in a penal institution had been arrested, 
23
and that that person
possessed such contraband at the time of 
24
his
arrest, and that such contraband was brought into or 
25
possessed in the penal
institution by that person as a direct 
26
and immediate result of his arrest.

27
    (l-5) The Director of Corrections or chief administrative 
28
officer of an institution or facility of the Juvenile Division 
29
of the Department of Corrections may not authorize the bringing  
30
into or possession of a video game that is harmful to minors or 
31
a violent video game in an institution or facility of the 
32
Juvenile Division of the Department of Corrections.

33
    (m) Items confiscated may be retained for use by the 
34
Department of
Corrections or disposed of as deemed appropriate 
 


 






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

3
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)

 



4
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)



5
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
6
penal institution
by an employee; unauthorized possessing of 
7
contraband in a penal institution by
an employee; unauthorized 
8
delivery of contraband in a penal institution by an
employee.

9
    (a) A person commits the offense of unauthorized bringing 
10
of contraband into
a penal institution by an employee when a 
11
person who is an employee knowingly
and without authority or 
12
any person designated or authorized to grant such
authority:


13
        (1) brings or attempts to bring an item of contraband 
14
    listed in paragraphs
(i) through (iv) or (xii) of 
15
    subsection (d)(4) into a penal institution, or


16
        (2) causes or permits another to bring an item of 
17
    contraband listed in
paragraphs (i) through (iv) or (xii)

18
    of subsection (d)(4) into a penal
institution.

19
    (b) A person commits the offense of unauthorized possession 
20
of contraband in
a penal institution by an employee when a 
21
person who is an employee knowingly
and without authority of 
22
any person designated or authorized to grant such
authority 
23
possesses contraband listed in paragraphs (i) through (iv) or 
24
(xii) of
subsection (d)(4) in a penal institution, regardless 
25
of the intent with which
he possesses it.

26
    (c) A person commits the offense of unauthorized delivery 
27
of contraband
in a penal institution by an employee when a 
28
person who is an employee
knowingly and without authority of 
29
any person designated or authorized to grant
such authority:


30
        (1) delivers or possesses with intent to deliver an 
31
    item of contraband
to any inmate of a penal institution, or


32
        (2) conspires to deliver or solicits the delivery of an 
33
    item of
contraband to any inmate of a penal institution, or


 


 






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


3
        (4) permits another person to attempt to deliver an 
4
    item of contraband to
any inmate of a penal institution.

5
    (d) For purpose of this Section, the words and phrases 
6
listed below
shall be defined as follows:


7
        (1) "Penal Institution" shall have the meaning 
8
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
9
    this Code;


10
        (2) "Employee" means any elected or appointed officer, 
11
    trustee or
employee of a penal institution or of the 
12
    governing authority of the penal
institution, or any person 
13
    who performs services for the penal institution
pursuant to 
14
    contract with the penal institution or its governing

15
    authority.


16
        (3) "Deliver" or "delivery" means the actual, 
17
    constructive or attempted
transfer of possession of an item 
18
    of contraband, with or without consideration,
whether or 
19
    not there is an agency relationship;


20
        (4) "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 
27
        defined in the Illinois
Controlled Substances Act.


28
            (iv) "Hypodermic syringe" or hypodermic needle, or 
29
        any instrument
adapted for use of controlled 
30
        substances or cannabis by subcutaneous injection.


31
            (v) "Weapon" means any knife, dagger, dirk, billy, 
32
        razor, stiletto,
broken bottle, or other piece of glass 
33
        which could be used as a dangerous
weapon.  Such term 
34
        includes any of the devices or implements designated in

 


 






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1
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
2
        of this Act, or any
other dangerous weapon or 
3
        instrument of like character.


4
            (vi) "Firearm" means any device, by whatever name 
5
        known, which is
designed to expel a projectile or 
6
        projectiles by the action of an explosion,
expansion of 
7
        gas or escape of gas, including but not limited to:


8
                (A) any pneumatic gun, spring gun, or B-B gun 
9
            which expels a single
globular projectile not 
10
            exceeding .18 inch in diameter; or


11
                (B) any device used exclusively for signaling 
12
            or safety and required
or recommended by the United 
13
            States Coast Guard or the Interstate Commerce

14
            Commission; or


15
                (C) any device used exclusively for the firing 
16
            of stud cartridges,
explosive rivets or industrial 
17
            ammunition; or


18
                (D) any device which is powered by electrical 
19
            charging units, such as
batteries, and which fires 
20
            one or several barbs attached to a length of
wire 
21
            and which, upon hitting a human, can send out 
22
            current capable of
disrupting the person's nervous 
23
            system in such a manner as to render him
incapable 
24
            of normal functioning, commonly referred to as a 
25
            stun gun or taser.


26
            (vii) "Firearm ammunition" means any 
27
        self-contained cartridge or shotgun
shell, by whatever 
28
        name known, which is designed to be used or adaptable 
29
        to
use in a firearm, including but not limited to:


30
                (A) any ammunition exclusively designed for 
31
            use with a device used
exclusively for signaling or 
32
            safety and required or recommended by the
United 
33
            States Coast Guard or the Interstate Commerce 
34
            Commission; or


 


 






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1
                (B) any ammunition designed exclusively for 
2
            use with a stud or rivet
driver or other similar 
3
            industrial ammunition.


4
            (viii) "Explosive" means, but is not limited to, 
5
        bomb, bombshell,
grenade, bottle or other container 
6
        containing an explosive substance of
over one-quarter 
7
        ounce for like purposes such as black powder bombs and

8
        Molotov cocktails or artillery projectiles.


9
            (ix) "Tool to defeat security mechanisms" means, 
10
        but is not limited
to,
handcuff or security restraint 
11
        key, tool designed to pick locks, or device or

12
        instrument capable of unlocking handcuff or security 
13
        restraints, doors to
cells, rooms, gates or other areas 
14
        of the penal institution.


15
            (x) "Cutting tool" means, but is not limited to, 
16
        hacksaw blade,
wirecutter, or device, instrument or 
17
        file capable of cutting through metal.


18
            (xi) "Electronic contraband" means, but is not 
19
        limited to, any
electronic, video recording device, 
20
        computer, or cellular communications
equipment, 
21
        including, but not
limited to, cellular telephones, 
22
        cellular telephone batteries, videotape
recorders, 
23
        pagers,
computers, and computer peripheral equipment.

24
            (xii) With respect to institutions and facilities 
25
        of the Juvenile Division of the Illinois Department of 
26
        Corrections only, video games that are harmful to 
27
        minors and violent video games.

28
        (5) "Harmful to minors", "video game", and "violent" 
29
    have the meanings ascribed to them in Section 31A-1.1 of 
30
    this Code.

31
    (e) A violation of paragraph (a) or (b) of this Section 
32
involving a video game that is harmful to minors or a violent 
33
video game is a Class A misdemeanor. A violation of paragraphs 
34
(a) or (b) of this Section involving alcohol
is a Class 4 
 


 






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1
felony. A violation of paragraph (a) or (b) of this Section

2
involving cannabis is a Class 2 felony.  A violation of 
3
paragraph (a) or (b)
involving any amount of a controlled 
4
substance classified in Schedules III, IV
or V of Article II of 
5
the Illinois Controlled Substances Act is a Class 1
felony.  A

6
violation of paragraph (a) or (b) of this Section involving any 
7
amount of a
controlled substance classified in Schedules I or 
8
II of Article II of the
Illinois Controlled Substances Act is a 
9
Class X felony.  A violation of
paragraph (a) or
(b) involving 
10
an item of contraband listed in paragraph (iv) of subsection

11
(d)(4) is a Class X felony. A violation of paragraph (a) or (b) 
12
involving an
item of contraband listed in paragraph (v) or (xi) 
13
of subsection (d)(4) is
a Class 1
felony.  A violation of 
14
paragraph (a) or (b) involving an item of contraband
listed in 
15
paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a 
16
Class X
felony.

17
    (f) A violation of paragraph (c) of this Section involving 
18
a video game that is harmful to minors or a violent video game 
19
is a Class A misdemeanor. A violation of paragraph (c) of this 
20
Section involving alcoholic
liquor is a Class 3 felony.   A 
21
violation of paragraph (c) involving cannabis
is a Class 1 
22
felony.  A violation of paragraph (c) involving any amount of a

23
controlled substance classified in Schedules III, IV or V of 
24
Article II of the
Illinois Controlled Substances Act is a Class 
25
X felony.  A violation of
paragraph (c)
involving any amount of 
26
a controlled substance classified in Schedules I or II
of 
27
Article II of the Illinois Controlled Substances Act is a Class 
28
X felony
for which
the minimum term of imprisonment shall be 8 
29
years.  A violation of paragraph
(c) involving an item of 
30
contraband listed in paragraph (iv) of subsection
(d)(4) is a 
31
Class X felony for which the minimum term of imprisonment shall 
32
be
8 years.  A violation of paragraph (c) involving an item of 
33
contraband listed
in paragraph (v), (ix) or (x) of subsection 
34
(d)(4) is a Class X felony for
which the minimum
term of 
 


 






09400HB2412ham002
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LRB094 08327 RLC 43888 a




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imprisonment shall be 10 years.  A violation of paragraph (c) 
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involving
an item of contraband listed in paragraphs (vi), 
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(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
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which the minimum term of imprisonment shall be
12 years.

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    (f-5) The Director of Corrections or chief administrative 
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officer of an institution or facility of the Juvenile Division 
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of the  Department of Corrections  may not authorize the bringing  
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into or possession of a video game that is harmful to minors or 
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a violent video game by an employee in an institution or 
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facility of the Juvenile Division of the Department of 
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Corrections.

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

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