SB3503 Enrolled

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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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    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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            (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, popper, or any device 
24
        or
instrument used to or capable of unlocking or 
25
        preventing from locking any handcuff or security 
26
        restraints, doors to
cells, rooms, gates or other areas 
 


 






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        of the penal institution.
2
            (x) "Cutting tool" means, but is not limited to, 
3
        hacksaw blade,
wirecutter,
or device, instrument or 
4
        file capable of cutting through metal.
5
            (xi) "Electronic contraband" means, but is not 
6
        limited to, any
electronic, video recording device, 
7
        computer, or cellular communications
equipment, 
8
        including, but not
limited to, cellular telephones, 
9
        cellular telephone batteries, videotape
recorders, 
10
        pagers,
computers, and computer peripheral equipment 
11
        brought into or possessed in a
penal institution 
12
        without the written authorization of the Chief 
13
        Administrative
Officer.
14
    (d) Bringing alcoholic liquor into a penal institution is a 
15
Class 4
felony.  Possessing alcoholic liquor in a penal 
16
institution is a Class 4
felony.
17
    (e) Bringing cannabis into a penal institution is a Class 3 
18
felony.
Possessing cannabis in a penal institution is a Class 3 
19
felony.
20
    (f) Bringing any amount of a controlled substance 
21
classified in
Schedules III, IV or V of Article II of the 
22
Controlled Substance Act into a
penal institution is a Class 2 
23
felony.  Possessing any amount of a
controlled substance 
24
classified in Schedule III, IV, or V of Article II of
the 
25
Controlled Substance Act in a penal institution is a Class 2 
26
felony.
 


 






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    (g) Bringing any amount of a controlled substance 
2
classified in
Schedules I or II of Article II of the Controlled 
3
Substance Act into a
penal institution is a Class 1 felony.  
4
Possessing any amount of a
controlled substance classified in 
5
Schedules I or II of Article II of the
Controlled Substance Act 
6
in a penal institution is a Class 1 felony.
7
    (h) Bringing an item of contraband listed in paragraph (iv) 
8
of
subsection (c)(2) into a penal institution is a Class 1 
9
felony.  Possessing
an item of contraband listed in paragraph 
10
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
11
felony.
12
    (i) Bringing an item of contraband listed in paragraph (v), 
13
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
14
institution is a Class 1 felony.  Possessing an item of

15
contraband listed in paragraph (v), (ix), (x), or (xi) of

16
subsection (c)(2) in a
penal
institution is a Class 1 felony.
17
    (j) Bringing an item of contraband listed in paragraphs 
18
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
19
institution is a Class X felony.
Possessing an item of 
20
contraband listed in paragraphs (vi), (vii), or
(viii) of 
21
subsection (c)(2) in a penal institution is a Class X felony.
22
    (k) It shall be an affirmative defense to subsection
(b) 
23
hereof, that
such possession was specifically authorized by 
24
rule, regulation, or
directive of the governing authority of 
25
the penal institution or order
issued pursuant thereto.
26
    (l) It shall be an affirmative defense to subsection (a)(1) 
 


 






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1
and
subsection (b) hereof that the person bringing into or 
2
possessing
contraband in a penal institution had been arrested, 
3
and that that person
possessed such contraband at the time of 
4
his
arrest, and that such contraband was brought into or 
5
possessed in the penal
institution by that person as a direct 
6
and immediate result of his arrest.
7
    (m) 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
(Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)
 
12
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
13
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
14
penal institution
by an employee; unauthorized possessing of 
15
contraband in a penal institution by
an employee; unauthorized 
16
delivery of contraband in a penal institution by an
employee.
17
    (a) A person commits the offense of unauthorized bringing 
18
of contraband into
a penal institution by an employee when a 
19
person who is an employee knowingly
and without authority of
 
20
any person designated or authorized to grant such
authority:
21
        (1) brings or attempts to bring an item of contraband 
22
    listed in subsection (d)(4) into a penal institution, or
23
        (2) causes or permits another to bring an item of 
24
    contraband listed in
 subsection (d)(4) into a penal

25
    institution.
 


 






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    (b) A person commits the offense of unauthorized possession 
2
of contraband in
a penal institution by an employee when a 
3
person who is an employee knowingly
and without authority of 
4
any person designated or authorized to grant such
authority 
5
possesses contraband listed in
subsection (d)(4) in a penal 
6
institution, regardless of the intent with which
he possesses 
7
it.
8
    (c) A person commits the offense of unauthorized delivery 
9
of contraband
in a penal institution by an employee when a 
10
person who is an employee
knowingly and without authority of 
11
any person designated or authorized to grant
such authority:
12
        (1) delivers or possesses with intent to deliver an 
13
    item of contraband
to any inmate of a penal institution, or
14
        (2) conspires to deliver or solicits the delivery of an 
15
    item of
contraband to any inmate of a penal institution, or
16
        (3) causes or permits the delivery of an item of 
17
    contraband to any
inmate of a penal institution, or
18
        (4) permits another person to attempt to deliver an 
19
    item of contraband to
any inmate of a penal institution.
20
    (d) For purpose of this Section, the words and phrases 
21
listed below
shall be defined as follows:
22
        (1) "Penal Institution" shall have the meaning 
23
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
24
    this Code;
25
        (2) "Employee" means any elected or appointed officer, 
26
    trustee or
employee of a penal institution or of the 
 


 






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    governing authority of the penal
institution, or any person 
2
    who performs services for the penal institution
pursuant to 
3
    contract with the penal institution or its governing

4
    authority.
5
        (3) "Deliver" or "delivery" means the actual, 
6
    constructive or attempted
transfer of possession of an item 
7
    of contraband, with or without consideration,
whether or 
8
    not there is an agency relationship;
9
        (4) "Item of contraband" means any of the following:
10
            (i) "Alcoholic liquor" as such term is defined in 
11
        Section 1-3.05 of the
Liquor Control Act of 1934.
12
            (ii) "Cannabis" as such term is defined in 
13
        subsection (a) of
Section 3 of the Cannabis Control 
14
        Act.
15
            (iii) "Controlled substance" as such term is 
16
        defined in the Illinois
Controlled Substances Act.
17
            (iii-a) "Methamphetamine" as such term is defined 
18
        in the Illinois Controlled Substances Act or the 
19
        Methamphetamine Control and Community Protection Act.
20
            (iv) "Hypodermic syringe" or hypodermic needle, or 
21
        any instrument
adapted for use of controlled 
22
        substances or cannabis by subcutaneous injection.
23
            (v) "Weapon" means any knife, dagger, dirk, billy, 
24
        razor, stiletto,
broken bottle, or other piece of glass 
25
        which could be used as a dangerous
weapon.  Such term 
26
        includes any of the devices or implements designated in

 


 






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LRB096 18517 RLC 33898 b




1
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
2
        of this Act, or any
other dangerous weapon or 
3
        instrument of like character.
4
            (vi) "Firearm" means any device, by whatever name 
5
        known, which is
designed to expel a projectile or 
6
        projectiles by the action of an explosion,
expansion of 
7
        gas or escape of gas, including but not limited to:
8
                (A) any pneumatic gun, spring gun, or B-B gun 
9
            which expels a single
globular projectile not 
10
            exceeding .18 inch in diameter; or
11
                (B) any device used exclusively for signaling 
12
            or safety and required
or recommended by the United 
13
            States Coast Guard or the Interstate Commerce

14
            Commission; or
15
                (C) any device used exclusively for the firing 
16
            of stud cartridges,
explosive rivets or industrial 
17
            ammunition; or
18
                (D) any device which is powered by electrical 
19
            charging units, such as
batteries, and which fires 
20
            one or several barbs attached to a length of
wire 
21
            and which, upon hitting a human, can send out 
22
            current capable of
disrupting the person's nervous 
23
            system in such a manner as to render him
incapable 
24
            of normal functioning, commonly referred to as a 
25
            stun gun or taser.
26
            (vii) "Firearm ammunition" means any 
 


 






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LRB096 18517 RLC 33898 b




1
        self-contained cartridge or shotgun
shell, by whatever 
2
        name known, which is designed to be used or adaptable 
3
        to
use in a firearm, including but not limited to:
4
                (A) any ammunition exclusively designed for 
5
            use with a device used
exclusively for signaling or 
6
            safety and required or recommended by the
United 
7
            States Coast Guard or the Interstate Commerce 
8
            Commission; or
9
                (B) any ammunition designed exclusively for 
10
            use with a stud or rivet
driver or other similar 
11
            industrial ammunition.
12
            (viii) "Explosive" means, but is not limited to, 
13
        bomb, bombshell,
grenade, bottle or other container 
14
        containing an explosive substance of
over one-quarter 
15
        ounce for like purposes such as black powder bombs and

16
        Molotov cocktails or artillery projectiles.
17
            (ix) "Tool to defeat security mechanisms" means, 
18
        but is not limited
to,
handcuff or security restraint 
19
        key, tool designed to pick locks, popper, or any device 
20
        or
instrument used to or capable of unlocking or 
21
        preventing from locking any handcuff or security 
22
        restraints, doors to
cells, rooms, gates or other areas 
23
        of the penal institution.
24
            (x) "Cutting tool" means, but is not limited to, 
25
        hacksaw blade,
wirecutter, or device, instrument or 
26
        file capable of cutting through metal.
 


 






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1
            (xi) "Electronic contraband" means, but is not 
2
        limited to, any
electronic, video recording device, 
3
        computer, or cellular communications
equipment, 
4
        including, but not
limited to, cellular telephones, 
5
        cellular telephone batteries, videotape
recorders, 
6
        pagers,
computers, and computer peripheral equipment.
7
    For a violation of subsection (a) or (b) involving a 
8
cellular telephone or cellular telephone battery, the 
9
defendant must intend to provide the cellular telephone or 
10
cellular telephone battery to any inmate in a penal 
11
institution, or to use the cellular telephone or cellular 
12
telephone battery at the direction of an inmate or for the 
13
benefit of any inmate of a penal institution. 
14
    (e) A violation of paragraphs (a) or (b) of this Section 
15
involving alcohol
is a Class 4 felony. A violation of paragraph 
16
(a) or (b) of this Section
involving cannabis is a Class 2 
17
felony.  A violation of paragraph (a) or (b)
involving any 
18
amount of a controlled substance classified in Schedules III, 
19
IV
or V of Article II of the Illinois Controlled Substances Act 
20
is a Class 1
felony.  A
violation of paragraph (a) or (b) of 
21
this Section involving any amount of a
controlled substance 
22
classified in Schedules I or II of Article II of the
Illinois 
23
Controlled Substances Act is a Class X felony.  A violation of

24
paragraph (a) or
(b) involving an item of contraband listed in 
25
paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
26
violation of paragraph (a) or (b) involving an
item of 
 


 






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1
contraband listed in paragraph (v) or (xi) of subsection (d)(4) 
2
is
a Class 1
felony.  A violation of paragraph (a) or (b) 
3
involving an item of contraband
listed in paragraphs (vi), 
4
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
5
    (f) A violation of paragraph (c) of this Section involving 
6
alcoholic
liquor is a Class 3 felony.   A violation of paragraph 
7
(c) involving cannabis
is a Class 1 felony.  A violation of 
8
paragraph (c) involving any amount of a
controlled substance 
9
classified in Schedules III, IV or V of Article II of the

10
Illinois Controlled Substances Act is a Class X felony.  A 
11
violation of
paragraph (c)
involving any amount of a controlled 
12
substance classified in Schedules I or II
of Article II of the 
13
Illinois Controlled Substances Act is a Class X felony
for 
14
which
the minimum term of imprisonment shall be 8 years.  A 
15
violation of paragraph
(c) involving an item of contraband 
16
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
17
felony for which the minimum term of imprisonment shall be
8 
18
years.  A violation of paragraph (c) involving an item of 
19
contraband listed
in paragraph (v), (ix) or (x) of subsection 
20
(d)(4) is a Class X felony for
which the minimum
term of 
21
imprisonment shall be 10 years.  A violation of paragraph (c) 
22
involving
an item of contraband listed in paragraphs (vi), 
23
(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
24
which the minimum term of imprisonment shall be
12 years.
25
    (g) Items confiscated may be retained for use by the 
26
Department of
Corrections or disposed of as deemed appropriate 
 


 






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1
by the Chief Administrative
Officer in accordance with 
2
Department rules or disposed of as required by
law.
3
    (h) For a violation of subsection (a) or (b) involving 
4
items described in clause (i), (v), (vi), (vii), (ix), (x), or 
5
(xi) of paragraph (4) of subsection (d), such items shall not 
6
be considered to be in a penal institution when they are 
7
secured in an employee's locked, private motor vehicle parked 
8
on the grounds of a penal institution. 
9
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)