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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 31A-1.2 as follows:
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6 | (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
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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
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14 | any person designated or authorized to grant such
authority:
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15 | (1) brings or attempts to bring an item of contraband | ||||||
16 | listed in subsection (d)(4) into a penal institution, or
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17 | (2) causes or permits another to bring an item of | ||||||
18 | contraband listed in
subsection (d)(4) into a penal
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19 | institution.
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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 |
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1 | possesses contraband listed in
subsection (d)(4) in a penal | ||||||
2 | institution, regardless of the intent with which
he possesses | ||||||
3 | it.
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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:
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8 | (1) delivers or possesses with intent to deliver an | ||||||
9 | item of contraband
to any inmate of a penal institution, or
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10 | (2) conspires to deliver or solicits the delivery of an | ||||||
11 | item of
contraband to any inmate of a penal institution, or
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12 | (3) causes or permits the delivery of an item of | ||||||
13 | contraband to any
inmate of a penal institution, or
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14 | (4) permits another person to attempt to deliver an | ||||||
15 | item of contraband to
any inmate of a penal institution.
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16 | (d) For purpose of this Section, the words and phrases | ||||||
17 | listed below
shall be defined as follows:
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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;
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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
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26 | authority.
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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;
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5 | (4) "Item of contraband" means any of the following:
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6 | (i) "Alcoholic liquor" as such term is defined in | ||||||
7 | Section 1-3.05 of the
Liquor Control Act of 1934.
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8 | (ii) "Cannabis" as such term is defined in | ||||||
9 | subsection (a) of
Section 3 of the Cannabis Control | ||||||
10 | Act.
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11 | (iii) "Controlled substance" as such term is | ||||||
12 | defined in the Illinois
Controlled Substances Act.
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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.
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16 | (iv) "Hypodermic syringe" or hypodermic needle, or | ||||||
17 | any instrument
adapted for use of controlled | ||||||
18 | substances or cannabis by subcutaneous injection.
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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
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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.
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26 | (vi) "Firearm" means any device, by whatever name |
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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:
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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
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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
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10 | Commission; or
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11 | (C) any device used exclusively for the firing | ||||||
12 | of stud cartridges,
explosive rivets or industrial | ||||||
13 | ammunition; or
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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.
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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:
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26 | (A) any ammunition exclusively designed for |
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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
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5 | (B) any ammunition designed exclusively for | ||||||
6 | use with a stud or rivet
driver or other similar | ||||||
7 | industrial ammunition.
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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
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12 | Molotov cocktails or artillery projectiles.
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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
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16 | instrument capable of unlocking handcuff or security | ||||||
17 | restraints, doors to
cells, rooms, gates or other areas | ||||||
18 | of the penal institution.
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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.
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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, |
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1 | pagers,
computers, and computer peripheral equipment.
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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
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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.
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26 | (f) A violation of paragraph (c) of this Section involving |
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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
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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
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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.
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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.
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25 | (h) For a violation of subsection (a) or (b) involving | ||||||
26 | items described in clause (i), (v), (vi), (vii), (ix), (x), or |
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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.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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