96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5525


 
Introduced 2/9/2010, by Rep. Karen A. Yarbrough
 
SYNOPSIS AS INTRODUCED:
 		





 








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








     Amends the Criminal Code of 1961.  Provides that it is a Class 1 felony for an employee of a penal institution, without authority of
 any person designated or authorized to grant such
authority, to bring into or to attempt to bring into the penal institution, or to possess in the penal institution a tool to defeat security mechanisms or a cutting tool.  Provides that it is a Class X felony with a minimum term of imprisonment of 10 years for a  person who is an employee
of a penal institution to knowingly and without authority of any person designated or authorized to grant
such authority to deliver or possess with intent to deliver electronic contraband in the penal institution.  Effective immediately.
  















LRB096 18347 RLC 33724 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5525

LRB096 18347 RLC 33724 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
Section 31A-1.2 as follows:
 



6
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)


7
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
8
penal institution
by an employee; unauthorized possessing of 
9
contraband in a penal institution by
an employee; unauthorized 
10
delivery of contraband in a penal institution by an
employee.
11
    (a) A person commits the offense of unauthorized bringing 
12
of contraband into
a penal institution by an employee when a 
13
person who is an employee knowingly
and without authority of
 
14
any person designated or authorized to grant such
authority:


15
        (1) brings or attempts to bring an item of contraband 
16
    listed in subsection (d)(4) into a penal institution, or


17
        (2) causes or permits another to bring an item of 
18
    contraband listed in
 subsection (d)(4) into a penal

19
    institution.

20
    (b) A person commits the offense of unauthorized possession 
21
of contraband in
a penal institution by an employee when a 
22
person who is an employee knowingly
and without authority of 
23
any person designated or authorized to grant such
authority 
 


 






HB5525
- 2 -
LRB096 18347 RLC 33724 b




1
possesses contraband listed in
subsection (d)(4) in a penal 
2
institution, regardless of the intent with which
he possesses 
3
it.

4
    (c) A person commits the offense of unauthorized delivery 
5
of contraband
in a penal institution by an employee when a 
6
person who is an employee
knowingly and without authority of 
7
any person designated or authorized to grant
such authority:


8
        (1) delivers or possesses with intent to deliver an 
9
    item of contraband
to any inmate of a penal institution, or


10
        (2) conspires to deliver or solicits the delivery of an 
11
    item of
contraband to any inmate of a penal institution, or


12
        (3) causes or permits the delivery of an item of 
13
    contraband to any
inmate of a penal institution, or


14
        (4) permits another person to attempt to deliver an 
15
    item of contraband to
any inmate of a penal institution.

16
    (d) For purpose of this Section, the words and phrases 
17
listed below
shall be defined as follows:


18
        (1) "Penal Institution" shall have the meaning 
19
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
20
    this Code;


21
        (2) "Employee" means any elected or appointed officer, 
22
    trustee or
employee of a penal institution or of the 
23
    governing authority of the penal
institution, or any person 
24
    who performs services for the penal institution
pursuant to 
25
    contract with the penal institution or its governing

26
    authority.


 


 






HB5525
- 3 -
LRB096 18347 RLC 33724 b




1
        (3) "Deliver" or "delivery" means the actual, 
2
    constructive or attempted
transfer of possession of an item 
3
    of contraband, with or without consideration,
whether or 
4
    not there is an agency relationship;


5
        (4) "Item of contraband" means any of the following:


6
            (i) "Alcoholic liquor" as such term is defined in 
7
        Section 1-3.05 of the
Liquor Control Act of 1934.


8
            (ii) "Cannabis" as such term is defined in 
9
        subsection (a) of
Section 3 of the Cannabis Control 
10
        Act.


11
            (iii) "Controlled substance" as such term is 
12
        defined in the Illinois
Controlled Substances Act.

13
            (iii-a) "Methamphetamine" as such term is defined 
14
        in the Illinois Controlled Substances Act or the 
15
        Methamphetamine Control and Community Protection Act.

16
            (iv) "Hypodermic syringe" or hypodermic needle, or 
17
        any instrument
adapted for use of controlled 
18
        substances or cannabis by subcutaneous injection.


19
            (v) "Weapon" means any knife, dagger, dirk, billy, 
20
        razor, stiletto,
broken bottle, or other piece of glass 
21
        which could be used as a dangerous
weapon.  Such term 
22
        includes any of the devices or implements designated in

23
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
24
        of this Act, or any
other dangerous weapon or 
25
        instrument of like character.


26
            (vi) "Firearm" means any device, by whatever name 
 


 






HB5525
- 4 -
LRB096 18347 RLC 33724 b




1
        known, which is
designed to expel a projectile or 
2
        projectiles by the action of an explosion,
expansion of 
3
        gas or escape of gas, including but not limited to:


4
                (A) any pneumatic gun, spring gun, or B-B gun 
5
            which expels a single
globular projectile not 
6
            exceeding .18 inch in diameter; or


7
                (B) any device used exclusively for signaling 
8
            or safety and required
or recommended by the United 
9
            States Coast Guard or the Interstate Commerce

10
            Commission; or


11
                (C) any device used exclusively for the firing 
12
            of stud cartridges,
explosive rivets or industrial 
13
            ammunition; or


14
                (D) any device which is powered by electrical 
15
            charging units, such as
batteries, and which fires 
16
            one or several barbs attached to a length of
wire 
17
            and which, upon hitting a human, can send out 
18
            current capable of
disrupting the person's nervous 
19
            system in such a manner as to render him
incapable 
20
            of normal functioning, commonly referred to as a 
21
            stun gun or taser.


22
            (vii) "Firearm ammunition" means any 
23
        self-contained cartridge or shotgun
shell, by whatever 
24
        name known, which is designed to be used or adaptable 
25
        to
use in a firearm, including but not limited to:


26
                (A) any ammunition exclusively designed for 
 


 






HB5525
- 5 -
LRB096 18347 RLC 33724 b




1
            use with a device used
exclusively for signaling or 
2
            safety and required or recommended by the
United 
3
            States Coast Guard or the Interstate Commerce 
4
            Commission; or


5
                (B) any ammunition designed exclusively for 
6
            use with a stud or rivet
driver or other similar 
7
            industrial ammunition.


8
            (viii) "Explosive" means, but is not limited to, 
9
        bomb, bombshell,
grenade, bottle or other container 
10
        containing an explosive substance of
over one-quarter 
11
        ounce for like purposes such as black powder bombs and

12
        Molotov cocktails or artillery projectiles.


13
            (ix) "Tool to defeat security mechanisms" means, 
14
        but is not limited
to,
handcuff or security restraint 
15
        key, tool designed to pick locks, or device or

16
        instrument capable of unlocking handcuff or security 
17
        restraints, doors to
cells, rooms, gates or other areas 
18
        of the penal institution.


19
            (x) "Cutting tool" means, but is not limited to, 
20
        hacksaw blade,
wirecutter, or device, instrument or 
21
        file capable of cutting through metal.


22
            (xi) "Electronic contraband" means, but is not 
23
        limited to, any
electronic, video recording device, 
24
        computer, or cellular communications
equipment, 
25
        including, but not
limited to, cellular telephones, 
26
        cellular telephone batteries, videotape
recorders, 
 


 






HB5525
- 6 -
LRB096 18347 RLC 33724 b




1
        pagers,
computers, and computer peripheral equipment.

2
    For a violation of subsection (a) or (b) involving a 
3
cellular telephone or cellular telephone battery, the 
4
defendant must intend to provide the cellular telephone or 
5
cellular telephone battery to any inmate in a penal 
6
institution, or to use the cellular telephone or cellular 
7
telephone battery at the direction of an inmate or for the 
8
benefit of any inmate of a penal institution. 
9
    (e) A violation of paragraphs (a) or (b) of this Section 
10
involving alcohol
is a Class 4 felony. A violation of paragraph 
11
(a) or (b) of this Section
involving cannabis is a Class 2 
12
felony.  A violation of paragraph (a) or (b)
involving any 
13
amount of a controlled substance classified in Schedules III, 
14
IV
or V of Article II of the Illinois Controlled Substances Act 
15
is a Class 1
felony.  A
violation of paragraph (a) or (b) of 
16
this Section involving any amount of a
controlled substance 
17
classified in Schedules I or II of Article II of the
Illinois 
18
Controlled Substances Act is a Class X felony.  A violation of

19
paragraph (a) or
(b) involving an item of contraband listed in 
20
paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
21
violation of paragraph (a) or (b) involving an
item of 
22
contraband listed in paragraph (v), (ix), (x), or (xi) of 
23
subsection (d)(4) is
a Class 1
felony.  A violation of paragraph 
24
(a) or (b) involving an item of contraband
listed in paragraphs 
25
(vi), (vii) or (viii) of subsection (d)(4) is a Class X
felony.

26
    (f) A violation of paragraph (c) of this Section involving 
 


 






HB5525
- 7 -
LRB096 18347 RLC 33724 b




1
alcoholic
liquor is a Class 3 felony.   A violation of paragraph 
2
(c) involving cannabis
is a Class 1 felony.  A violation of 
3
paragraph (c) involving any amount of a
controlled substance 
4
classified in Schedules III, IV or V of Article II of the

5
Illinois Controlled Substances Act is a Class X felony.  A 
6
violation of
paragraph (c)
involving any amount of a controlled 
7
substance classified in Schedules I or II
of Article II of the 
8
Illinois Controlled Substances Act is a Class X felony
for 
9
which
the minimum term of imprisonment shall be 8 years.  A 
10
violation of paragraph
(c) involving an item of contraband 
11
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
12
felony for which the minimum term of imprisonment shall be
8 
13
years.  A violation of paragraph (c) involving an item of 
14
contraband listed
in paragraph (v), (ix), or (x), or (xi) of 
15
subsection (d)(4) is a Class X felony for
which the minimum

16
term of imprisonment shall be 10 years.  A violation of 
17
paragraph (c) involving
an item of contraband listed in 
18
paragraphs (vi), (vii) or (viii) of subsection
(d)(4) is a 
19
Class X felony for which the minimum term of imprisonment shall 
20
be
12 years.

21
    (g) Items confiscated may be retained for use by the 
22
Department of
Corrections or disposed of as deemed appropriate 
23
by the Chief Administrative
Officer in accordance with 
24
Department rules or disposed of as required by
law.

25
    (h) For a violation of subsection (a) or (b) involving 
26
items described in clause (i), (v), (vi), (vii), (ix), (x), or 
 


 






HB5525
- 8 -
LRB096 18347 RLC 33724 b




1
(xi) of paragraph (4) of subsection (d), such items shall not 
2
be considered to be in a penal institution when they are 
3
secured in an employee's locked, private motor vehicle parked 
4
on the grounds of a penal institution. 
5
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)

 
 
6
    Section 99. Effective date. This Act takes effect upon 
7
becoming law.