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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6109
Introduced 2/11/2010, by Rep. Robert F. Flider SYNOPSIS AS INTRODUCED:
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720 ILCS 5/31A-1.1 |
from Ch. 38, par. 31A-1.1 |
720 ILCS 5/31A-1.2 |
from Ch. 38, par. 31A-1.2 |
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Amends the Criminal Code of 1961. Provides that for the purposes of the offenses of bringing contraband into a penal
institution, possessing contraband in a
penal institution, unauthorized bringing of contraband into
a penal institution by an employee, unauthorized possession of contraband in
a penal institution by an employee, and unauthorized delivery of contraband
in a penal institution by an employee, the term "item of contraband" includes poppers. Defines a popper as a device that, when placed in a locking mechanism of a cell door, can override, block or in any way defeat the locking mechanism of a cell door allowing the inmate to exit the unlocked cell. Establishes penalties.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6109 |
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LRB096 20700 RLC 36426 b |
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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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| Sections 31A-1.1 and 31A-1.2 as follows:
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| (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
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| Sec. 31A-1.1. Bringing Contraband into a Penal |
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| Institution;
Possessing Contraband in a Penal Institution.
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| (a) A person commits the offense of bringing contraband |
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| into a penal
institution when he knowingly and without |
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| authority of any person designated
or authorized to grant such |
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| authority (1) brings an item of contraband into
a penal |
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| institution or (2) causes another to bring an item of
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| contraband into a penal institution or (3) places an item of
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| contraband in such proximity to a penal institution as to give |
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| an
inmate access to the contraband.
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| (b) A person commits the offense of possessing contraband |
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| in a
penal institution when he possesses contraband 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) For the purposes 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" means any penitentiary, State |
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HB6109 |
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LRB096 20700 RLC 36426 b |
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| farm,
reformatory, prison, jail, house of correction, |
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| police detention area,
half-way house or other institution |
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| or place for the incarceration or
custody of persons under |
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| sentence for offenses awaiting trial or sentence
for |
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| offenses, under arrest for an offense, a violation of |
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| probation, a
violation of parole, or a violation of |
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| mandatory supervised release, or
awaiting a bail setting |
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| hearing or preliminary hearing; provided that where
the |
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| place for incarceration or custody is housed within another |
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| public
building this Act shall not apply to that part of |
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| such building unrelated
to the incarceration or custody of |
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| persons.
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| (2) "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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LRB096 20700 RLC 36426 b |
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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
as
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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HB6109 |
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LRB096 20700 RLC 36426 b |
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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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HB6109 |
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LRB096 20700 RLC 36426 b |
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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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| brought into or possessed in a
penal institution |
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| without the written authorization of the Chief |
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| Administrative
Officer.
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| (xii) "Popper" means a device that, when placed in |
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| a locking mechanism of a cell door, can override, block |
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| or in any way defeat the locking mechanism of a cell |
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| door allowing the inmate to exit the unlocked cell. |
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| (d) Bringing alcoholic liquor into a penal institution is a |
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| Class 4
felony. Possessing alcoholic liquor in a penal |
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| institution is a Class 4
felony.
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| (e) Bringing cannabis into a penal institution is a Class 3 |
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| felony.
Possessing cannabis in a penal institution is a Class 3 |
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| felony.
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| (f) Bringing 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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| Controlled Substance Act into a
penal institution is a Class 2 |
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| felony. Possessing any amount of a
controlled substance |
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HB6109 |
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LRB096 20700 RLC 36426 b |
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| classified in Schedule III, IV, or V of Article II of
the |
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| Controlled Substance Act in a penal institution is a Class 2 |
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| felony.
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| (g) Bringing any amount of a controlled substance |
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| classified in
Schedules I or II of Article II of the Controlled |
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| Substance Act into a
penal institution is a Class 1 felony. |
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| Possessing any amount of a
controlled substance classified in |
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| Schedules I or II of Article II of the
Controlled Substance Act |
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| in a penal institution is a Class 1 felony.
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| (h) Bringing an item of contraband listed in paragraph (iv) |
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| of
subsection (c)(2) into a penal institution is a Class 1 |
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| felony. Possessing
an item of contraband listed in paragraph |
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| (iv) of subsection (c)(2) in a
penal institution is a Class 1 |
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| felony.
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| (i) Bringing an item of contraband listed in paragraph (v), |
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| (ix),
(x), or (xi), or (xii)
of subsection
(c)(2) into a penal |
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| institution is a Class 1 felony. Possessing an item of
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| contraband listed in paragraph (v), (ix), (x), or (xi), or |
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| (xii) of
subsection (c)(2) in a
penal
institution is a Class 1 |
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| felony.
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| (j) Bringing an item of contraband listed in paragraphs |
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| (vi), (vii) or
(viii) of subsection (c)(2) in a penal |
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| institution is a Class X felony.
Possessing an item of |
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| contraband listed in paragraphs (vi), (vii), or
(viii) of |
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| subsection (c)(2) in a penal institution is a Class X felony.
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| (k) It shall be an affirmative defense to subsection
(b) |
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HB6109 |
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LRB096 20700 RLC 36426 b |
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| hereof, that
such possession was specifically authorized by |
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| rule, regulation, or
directive of the governing authority of |
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| the penal institution or order
issued pursuant thereto.
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| (l) It shall be an affirmative defense to subsection (a)(1) |
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| and
subsection (b) hereof that the person bringing into or |
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| possessing
contraband in a penal institution had been arrested, |
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| and that that person
possessed such contraband at the time of |
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| his
arrest, and that such contraband was brought into or |
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| possessed in the penal
institution by that person as a direct |
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| and immediate result of his arrest.
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| (m) 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.)
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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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HB6109 |
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LRB096 20700 RLC 36426 b |
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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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LRB096 20700 RLC 36426 b |
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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 |
| 17 |
| 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 |
| 20 |
| defined in the Illinois
Controlled Substances Act.
|
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| (iii-a) "Methamphetamine" as such term is defined |
| 22 |
| in the Illinois Controlled Substances Act or the |
| 23 |
| Methamphetamine Control and Community Protection Act.
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| 24 |
| (iv) "Hypodermic syringe" or hypodermic needle, or |
| 25 |
| any instrument
adapted for use of controlled |
| 26 |
| substances or cannabis by subcutaneous injection.
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|
HB6109 |
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LRB096 20700 RLC 36426 b |
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| (v) "Weapon" means any knife, dagger, dirk, billy, |
| 2 |
| razor, stiletto,
broken bottle, or other piece of glass |
| 3 |
| which could be used as a dangerous
weapon. Such term |
| 4 |
| includes any of the devices or implements designated in
|
| 5 |
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
| 6 |
| of this Act, or any
other dangerous weapon or |
| 7 |
| instrument of like character.
|
| 8 |
| (vi) "Firearm" means any device, by whatever name |
| 9 |
| known, which is
designed to expel a projectile or |
| 10 |
| projectiles by the action of an explosion,
expansion of |
| 11 |
| gas or escape of gas, including but not limited to:
|
| 12 |
| (A) any pneumatic gun, spring gun, or B-B gun |
| 13 |
| which expels a single
globular projectile not |
| 14 |
| exceeding .18 inch in diameter; or
|
| 15 |
| (B) any device used exclusively for signaling |
| 16 |
| or safety and required
or recommended by the United |
| 17 |
| States Coast Guard or the Interstate Commerce
|
| 18 |
| Commission; or
|
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| (C) any device used exclusively for the firing |
| 20 |
| of stud cartridges,
explosive rivets or industrial |
| 21 |
| ammunition; or
|
| 22 |
| (D) any device which is powered by electrical |
| 23 |
| charging units, such as
batteries, and which fires |
| 24 |
| one or several barbs attached to a length of
wire |
| 25 |
| and which, upon hitting a human, can send out |
| 26 |
| current capable of
disrupting the person's nervous |
|
|
|
HB6109 |
- 11 - |
LRB096 20700 RLC 36426 b |
|
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| 1 |
| system in such a manner as to render him
incapable |
| 2 |
| of normal functioning, commonly referred to as a |
| 3 |
| stun gun or taser.
|
| 4 |
| (vii) "Firearm ammunition" means any |
| 5 |
| self-contained cartridge or shotgun
shell, by whatever |
| 6 |
| name known, which is designed to be used or adaptable |
| 7 |
| to
use in a firearm, including but not limited to:
|
| 8 |
| (A) any ammunition exclusively designed for |
| 9 |
| use with a device used
exclusively for signaling or |
| 10 |
| safety and required or recommended by the
United |
| 11 |
| States Coast Guard or the Interstate Commerce |
| 12 |
| Commission; or
|
| 13 |
| (B) any ammunition designed exclusively for |
| 14 |
| use with a stud or rivet
driver or other similar |
| 15 |
| industrial ammunition.
|
| 16 |
| (viii) "Explosive" means, but is not limited to, |
| 17 |
| bomb, bombshell,
grenade, bottle or other container |
| 18 |
| containing an explosive substance of
over one-quarter |
| 19 |
| ounce for like purposes such as black powder bombs and
|
| 20 |
| Molotov cocktails or artillery projectiles.
|
| 21 |
| (ix) "Tool to defeat security mechanisms" means, |
| 22 |
| but is not limited
to,
handcuff or security restraint |
| 23 |
| key, tool designed to pick locks, or device or
|
| 24 |
| instrument capable of unlocking handcuff or security |
| 25 |
| restraints, doors to
cells, rooms, gates or other areas |
| 26 |
| of the penal institution.
|
|
|
|
HB6109 |
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LRB096 20700 RLC 36426 b |
|
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| 1 |
| (x) "Cutting tool" means, but is not limited to, |
| 2 |
| hacksaw blade,
wirecutter, or device, instrument or |
| 3 |
| file capable of cutting through metal.
|
| 4 |
| (xi) "Electronic contraband" means, but is not |
| 5 |
| limited to, any
electronic, video recording device, |
| 6 |
| computer, or cellular communications
equipment, |
| 7 |
| including, but not
limited to, cellular telephones, |
| 8 |
| cellular telephone batteries, videotape
recorders, |
| 9 |
| pagers,
computers, and computer peripheral equipment.
|
| 10 |
| (xii) "Popper" means a device that, when placed in |
| 11 |
| a locking mechanism of a cell door, can override, block |
| 12 |
| or in any way defeat the locking mechanism of a cell |
| 13 |
| door allowing the inmate to exit the unlocked cell. |
| 14 |
| For a violation of subsection (a) or (b) involving a |
| 15 |
| cellular telephone or cellular telephone battery, the |
| 16 |
| defendant must intend to provide the cellular telephone or |
| 17 |
| cellular telephone battery to any inmate in a penal |
| 18 |
| institution, or to use the cellular telephone or cellular |
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| telephone battery at the direction of an inmate or for the |
| 20 |
| benefit of any inmate of a penal institution. |
| 21 |
| (e) A violation of paragraphs (a) or (b) of this Section |
| 22 |
| involving alcohol
is a Class 4 felony. A violation of paragraph |
| 23 |
| (a) or (b) of this Section
involving cannabis is a Class 2 |
| 24 |
| felony. A violation of paragraph (a) or (b)
involving any |
| 25 |
| amount of a controlled substance classified in Schedules III, |
| 26 |
| IV
or V of Article II of the Illinois Controlled Substances Act |
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HB6109 |
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LRB096 20700 RLC 36426 b |
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| is a Class 1
felony. A
violation of paragraph (a) or (b) of |
| 2 |
| this Section involving any amount of a
controlled substance |
| 3 |
| classified in Schedules I or II of Article II of the
Illinois |
| 4 |
| Controlled Substances Act is a Class X felony. A violation of
|
| 5 |
| paragraph (a) or
(b) involving an item of contraband listed in |
| 6 |
| paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
| 7 |
| violation of paragraph (a) or (b) involving an
item of |
| 8 |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) |
| 9 |
| is
a Class 1
felony. A violation of paragraph (a) or (b) |
| 10 |
| involving an item of contraband
listed in paragraphs (vi), |
| 11 |
| (vii) or (viii) of subsection (d)(4) is a Class X
felony.
|
| 12 |
| (f) A violation of paragraph (c) of this Section involving |
| 13 |
| alcoholic
liquor is a Class 3 felony. A violation of paragraph |
| 14 |
| (c) involving cannabis
is a Class 1 felony. A violation of |
| 15 |
| paragraph (c) involving any amount of a
controlled substance |
| 16 |
| classified in Schedules III, IV or V of Article II of the
|
| 17 |
| Illinois Controlled Substances Act is a Class X felony. A |
| 18 |
| violation of
paragraph (c)
involving any amount of a controlled |
| 19 |
| substance classified in Schedules I or II
of Article II of the |
| 20 |
| Illinois Controlled Substances Act is a Class X felony
for |
| 21 |
| which
the minimum term of imprisonment shall be 8 years. A |
| 22 |
| violation of paragraph
(c) involving an item of contraband |
| 23 |
| listed in paragraph (iv) of subsection
(d)(4) is a Class X |
| 24 |
| felony for which the minimum term of imprisonment shall be
8 |
| 25 |
| years. A violation of paragraph (c) involving an item of |
| 26 |
| contraband listed
in paragraph (v), (ix), or (x), or (xii) of |
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HB6109 |
- 14 - |
LRB096 20700 RLC 36426 b |
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|
| 1 |
| subsection (d)(4) is a Class X felony for
which the minimum
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| 2 |
| term of imprisonment shall be 10 years. A violation of |
| 3 |
| paragraph (c) involving
an item of contraband listed in |
| 4 |
| paragraphs (vi), (vii) or (viii) of subsection
(d)(4) is a |
| 5 |
| Class X felony for which the minimum term of imprisonment shall |
| 6 |
| be
12 years.
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| 7 |
| (g) Items confiscated may be retained for use by the |
| 8 |
| Department of
Corrections or disposed of as deemed appropriate |
| 9 |
| by the Chief Administrative
Officer in accordance with |
| 10 |
| Department rules or disposed of as required by
law.
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| 11 |
| (h) For a violation of subsection (a) or (b) involving |
| 12 |
| items described in clause (i), (v), (vi), (vii), (ix), (x), or |
| 13 |
| (xi), or (xii) of paragraph (4) of subsection (d), such items |
| 14 |
| shall not be considered to be in a penal institution when they |
| 15 |
| are secured in an employee's locked, private motor vehicle |
| 16 |
| parked on the grounds of a penal institution. |
| 17 |
| (Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)
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