96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6109


 
Introduced 2/11/2010, by Rep. Robert F. Flider
 
SYNOPSIS AS INTRODUCED:
 		





 










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








     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.
  















LRB096 20700 RLC 36426 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB6109

LRB096 20700 RLC 36426 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
Sections 31A-1.1 and 31A-1.2 as follows:
 



6
    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)


7
    Sec. 31A-1.1. Bringing Contraband into a Penal 
8
Institution;
Possessing Contraband in a Penal Institution.

9
    (a) A person commits the offense of bringing contraband 
10
into a penal
institution when he knowingly and without 
11
authority of any person designated
or authorized to grant such 
12
authority (1) brings an item of contraband into
a penal 
13
institution or (2) causes another to bring an item of

14
contraband into a penal institution or (3) places an item of

15
contraband in such proximity to a penal institution as to give 
16
an
inmate access to the contraband.

17
    (b) A person commits the offense of possessing contraband 
18
in a
penal institution when he possesses contraband in a penal 
19
institution,
regardless of the intent with which he possesses 
20
it.

21
    (c) For the purposes of this Section, the words and phrases

22
listed below shall be defined as follows:


23
        (1) "Penal institution" means any penitentiary, State 
 


 






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1
    farm,
reformatory, prison, jail, house of correction, 
2
    police detention area,
half-way house or other institution 
3
    or place for the incarceration or
custody of persons under 
4
    sentence for offenses awaiting trial or sentence
for 
5
    offenses, under arrest for an offense, a violation of 
6
    probation, a
violation of parole, or a violation of 
7
    mandatory supervised release, or
awaiting a bail setting 
8
    hearing or preliminary hearing; provided that where
the 
9
    place for incarceration or custody is housed within another 
10
    public
building this Act shall not apply to that part of 
11
    such building unrelated
to the incarceration or custody of 
12
    persons.


13
        (2) "Item of contraband" means any of the following:


14
            (i) "Alcoholic liquor" as such term is defined in 
15
        Section 1-3.05 of the

Liquor Control Act of 1934.


16
            (ii) "Cannabis" as such term is defined in 
17
        subsection (a) of Section 3
of the Cannabis Control 
18
        Act.


19
            (iii) "Controlled substance" as such term is 
20
        defined in the Illinois
Controlled Substances Act.

21
            (iii-a) "Methamphetamine" as such term is defined 
22
        in the Illinois Controlled Substances Act or the 
23
        Methamphetamine Control and Community Protection Act.


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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1
            (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
as
recommended by the United 
17
            States Coast Guard or the Interstate Commerce

18
            Commission; or


19
                (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 
 


 






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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.


 


 






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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
        brought into or possessed in a
penal institution 
11
        without the written authorization of the Chief 
12
        Administrative
Officer.

13
            (xii)  "Popper" means a device that, when placed in 
14
        a locking mechanism of a cell door, can override, block 
15
        or in any way defeat the locking mechanism of a cell 
16
        door allowing the inmate to exit the unlocked cell. 
17
    (d) Bringing alcoholic liquor into a penal institution is a 
18
Class 4
felony.  Possessing alcoholic liquor in a penal 
19
institution is a Class 4
felony.

20
    (e) Bringing cannabis into a penal institution is a Class 3 
21
felony.
Possessing cannabis in a penal institution is a Class 3 
22
felony.

23
    (f) Bringing any amount of a controlled substance 
24
classified in
Schedules III, IV or V of Article II of the 
25
Controlled Substance Act into a
penal institution is a Class 2 
26
felony.  Possessing any amount of a
controlled substance 
 


 






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1
classified in Schedule III, IV, or V of Article II of
the 
2
Controlled Substance Act in a penal institution is a Class 2 
3
felony.

4
    (g) Bringing any amount of a controlled substance 
5
classified in
Schedules I or II of Article II of the Controlled 
6
Substance Act into a
penal institution is a Class 1 felony.  
7
Possessing any amount of a
controlled substance classified in 
8
Schedules I or II of Article II of the
Controlled Substance Act 
9
in a penal institution is a Class 1 felony.

10
    (h) Bringing an item of contraband listed in paragraph (iv) 
11
of
subsection (c)(2) into a penal institution is a Class 1 
12
felony.  Possessing
an item of contraband listed in paragraph 
13
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
14
felony.

15
    (i) Bringing an item of contraband listed in paragraph (v), 
16
(ix),
(x), or (xi), or (xii)
of subsection
(c)(2) into a penal 
17
institution is a Class 1 felony.  Possessing an item of

18
contraband listed in paragraph (v), (ix), (x), or (xi), or 
19
(xii) of
subsection (c)(2) in a
penal
institution is a Class 1 
20
felony.

21
    (j) Bringing an item of contraband listed in paragraphs 
22
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
23
institution is a Class X felony.
Possessing an item of 
24
contraband listed in paragraphs (vi), (vii), or
(viii) of 
25
subsection (c)(2) in a penal institution is a Class X felony.

26
    (k) It shall be an affirmative defense to subsection
(b) 
 


 






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1
hereof, that
such possession was specifically authorized by 
2
rule, regulation, or
directive of the governing authority of 
3
the penal institution or order
issued pursuant thereto.

4
    (l) It shall be an affirmative defense to subsection (a)(1) 
5
and
subsection (b) hereof that the person bringing into or 
6
possessing
contraband in a penal institution had been arrested, 
7
and that that person
possessed such contraband at the time of 
8
his
arrest, and that such contraband was brought into or 
9
possessed in the penal
institution by that person as a direct 
10
and immediate result of his arrest.

11
    (m) Items confiscated may be retained for use by the 
12
Department of
Corrections or disposed of as deemed appropriate 
13
by the Chief Administrative
Officer in accordance with 
14
Department rules or disposed of as required by
law.

15
(Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)

 



16
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)


17
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
18
penal institution
by an employee; unauthorized possessing of 
19
contraband in a penal institution by
an employee; unauthorized 
20
delivery of contraband in a penal institution by an
employee.
21
    (a) A person commits the offense of unauthorized bringing 
22
of contraband into
a penal institution by an employee when a 
23
person who is an employee knowingly
and without authority of
 
24
any person designated or authorized to grant such
authority:


25
        (1) brings or attempts to bring an item of contraband 
 


 






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1
    listed in subsection (d)(4) into a penal institution, or


2
        (2) causes or permits another to bring an item of 
3
    contraband listed in
 subsection (d)(4) into a penal

4
    institution.

5
    (b) A person commits the offense of unauthorized possession 
6
of contraband in
a penal institution by an employee when a 
7
person who is an employee knowingly
and without authority of 
8
any person designated or authorized to grant such
authority 
9
possesses contraband listed in
subsection (d)(4) in a penal 
10
institution, regardless of the intent with which
he possesses 
11
it.

12
    (c) A person commits the offense of unauthorized delivery 
13
of contraband
in a penal institution by an employee when a 
14
person who is an employee
knowingly and without authority of 
15
any person designated or authorized to grant
such authority:


16
        (1) delivers or possesses with intent to deliver an 
17
    item of contraband
to any inmate of a penal institution, or


18
        (2) conspires to deliver or solicits the delivery of an 
19
    item of
contraband to any inmate of a penal institution, or


20
        (3) causes or permits the delivery of an item of 
21
    contraband to any
inmate of a penal institution, or


22
        (4) permits another person to attempt to deliver an 
23
    item of contraband to
any inmate of a penal institution.

24
    (d) For purpose of this Section, the words and phrases 
25
listed below
shall be defined as follows:


26
        (1) "Penal Institution" shall have the meaning 
 


 






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1
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
2
    this Code;


3
        (2) "Employee" means any elected or appointed officer, 
4
    trustee or
employee of a penal institution or of the 
5
    governing authority of the penal
institution, or any person 
6
    who performs services for the penal institution
pursuant to 
7
    contract with the penal institution or its governing

8
    authority.


9
        (3) "Deliver" or "delivery" means the actual, 
10
    constructive or attempted
transfer of possession of an item 
11
    of contraband, with or without consideration,
whether or 
12
    not there is an agency relationship;


13
        (4) "Item of contraband" means any of the following:


14
            (i) "Alcoholic liquor" as such term is defined in 
15
        Section 1-3.05 of the
Liquor Control Act of 1934.


16
            (ii) "Cannabis" as such term is defined in 
17
        subsection (a) of
Section 3 of the Cannabis Control 
18
        Act.


19
            (iii) "Controlled substance" as such term is 
20
        defined in the Illinois
Controlled Substances Act.

21
            (iii-a) "Methamphetamine" as such term is defined 
22
        in the Illinois Controlled Substances Act or the 
23
        Methamphetamine Control and Community Protection Act.

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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1
            (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


19
                (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 
 


 






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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.


 


 






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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 
19
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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1
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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1
subsection (d)(4) is a Class X felony for
which the minimum

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.

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.

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.)