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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 of
 
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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 subsection (d)(4) 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
 subsection (d)(4) into a penal

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    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
subsection (d)(4) in a penal 
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institution, regardless of the intent with which
he possesses 
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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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    For a violation of subsection (a) or (b) involving a 
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cellular telephone or cellular telephone battery, the 
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defendant must intend to provide the cellular telephone or 
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cellular telephone battery to any inmate in a penal 
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institution, or to use the cellular telephone or cellular 
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telephone battery at the direction of an inmate or for the 
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benefit of any inmate of a penal institution. 
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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), (ix), (x), or (xi) of 
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subsection (d)(4) is
a Class 1
felony.  A violation of paragraph 
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(a) or (b) involving an item of contraband
listed in paragraphs 
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(vi), (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), or (xi) of 
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subsection (d)(4) is a Class X felony for
which the minimum

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term of imprisonment shall be 10 years.  A violation of 
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paragraph (c) involving
an item of contraband listed in 
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paragraphs (vi), (vii) or (viii) of subsection
(d)(4) is a 
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Class X felony for which the minimum term of imprisonment shall 
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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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    (h) For a violation of subsection (a) or (b) involving 
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items described in clause (i), (v), (vi), (vii), (ix), (x), or 
 


 






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

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