95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1975


 
Introduced 2/7/2008, by Sen. A. J. Wilhelmi
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961.  Provides that the offense of bringing of contraband into a penal institution by an employee includes knowingly and without authority bringing or attempting to bring or causing or permitting another person to bring any listed form of contraband into the penal institution (rather than just alcoholic liquor, a controlled substance, methamphetamine, or a hypodermic syringe).
















LRB095 18740 RLC 44853 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1975

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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 31A-1.2 as follows:
 



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


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

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


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


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        (2) causes or permits another to bring an item of 
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    contraband listed in
paragraphs (i) through (iv) of 
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    subsection (d)(4) into a penal
institution.

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    (b) A person commits the offense of unauthorized possession 
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of contraband in
a penal institution by an employee when a 
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person who is an employee knowingly
and without authority of 
 


 






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any person designated or authorized to grant such
authority 
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possesses contraband listed in paragraphs (i) through (iv) of

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subsection (d)(4) in a penal institution, regardless of the 
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intent with which
he possesses it.

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


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


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


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

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


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


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

 


 






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    authority.


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


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


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


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


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

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            (iii-a) "Methamphetamine" as such term is defined 
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        in the Illinois Controlled Substances Act or the 
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        Methamphetamine Control and Community Protection Act.

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


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

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


 


 






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


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


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

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            Commission; or


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


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


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


 


 






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


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


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

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        Molotov cocktails or artillery projectiles.


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

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


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


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            (xi) "Electronic contraband" means, but is not 
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        limited to, any
electronic, video recording device, 
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        computer, or cellular communications
equipment, 
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        including, but not
limited to, cellular telephones, 
 


 






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        cellular telephone batteries, videotape
recorders, 
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        pagers,
computers, and computer peripheral equipment.

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

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paragraph (a) or
(b) involving an item of contraband listed in 
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paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
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violation of paragraph (a) or (b) involving an
item of 
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contraband listed in paragraph (v) or (xi) of subsection (d)(4) 
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is
a Class 1
felony.  A violation of paragraph (a) or (b) 
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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.

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

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Illinois Controlled Substances Act is a Class X felony.  A 
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violation of
paragraph (c)
involving any amount of a controlled 
 


 






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substance classified in Schedules I or II
of Article II of the 
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Illinois Controlled Substances Act is a Class X felony
for 
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which
the minimum term of imprisonment shall be 8 years.  A 
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violation of paragraph
(c) involving an item of contraband 
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listed in paragraph (iv) of subsection
(d)(4) is a Class X 
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felony for which the minimum term of imprisonment shall be
8 
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years.  A violation of paragraph (c) involving an item of 
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contraband listed
in paragraph (v), (ix) or (x) of subsection 
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(d)(4) is a Class X felony for
which the minimum
term of 
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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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    (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. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)