Sen. John J. Cullerton
Filed: 2/17/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2954 




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    AMENDMENT NO. ______. Amend Senate Bill 2954  on page 1, by 
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inserting immediately below line 3, the following:

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"Article 1."; and

 
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on page 1, line 4, by replacing "Section 1." with "Section 
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1-1."; and
 
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on page 1, lines 14, 22, 23, 26, 31, 32 and on page 2, lines 4 
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and 5,  by changing "Act" wherever it appears to "Article 1"; 
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and
 
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on page 2, line 8, by replacing "Section 5." with "Section 
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1-5."; and
 
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on page 4, line 25, by replacing "Section 10." with "Section 
13
1-10."; and
 
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on page 10, by inserting immediately below line 20, the 
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following:
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"Article 2.

 
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    Section 2-1. Findings; purpose.
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    (a) The General Assembly finds and declares that:

19
        (1) Public Act 89-688, effective June 1, 1997, 
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    contained provisions
amending Sections 31A-1.1 and 31A-1.2 
 


 






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    of the Criminal Code of 1961
relating to bringing 
2
    contraband into a penal institution; possessing
contraband 
3
    in a penal institution; and unauthorized bringing of 
4
    contraband
into a penal institution by an employee. Public 
5
    Act 89-688 also contained
other provisions.

6
        (2) On October 20, 2000, in People v. Jerry Lee Foster, 
7
    316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth 
8
    District, ruled that Public Act
89-688 violates the single 
9
    subject clause of the Illinois Constitution (Article
IV, 
10
    Section 8 (d)) and is therefore unconstitutional in its 
11
    entirety.
The Illinois Supreme Court agreed with the 
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    reasoning of  that court in People v. Burdunice, 211 Ill. 2d 
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    264 (2004).
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        (3) The provisions added to Sections 31A-1.1 and 
15
    31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 
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    are of vital concern to the
people of this State. Prompt 
17
    legislative action concerning those provisions is

18
    necessary.

19
        (4) Section 31A-1.1 of the Criminal Code of 1961 has 
20
    subsequently
been amended by Public Act 94-556.  Section 
21
    31A-1.2 of the Criminal Code of 1961 has subsequently
been 
22
    amended by Public Acts 90-655, 91-357, and 94-556.

23
    (b) It is the purpose of this Article 2 to re-enact 
24
Sections 31A-1.1 and 31A-1.2
of the Criminal Code of 1961, 
25
including the provisions added by Public
Act 89-688 and the 
26
subsequent amendment to Section 31A-1.1 by Public Act 94-556 
27
and subsequent amendments to Section 31A-1.2 by Public Acts 
28
90-655, 91-357, and 94-556. This re-enactment is intended to 
29
remove any question as to the
validity or content of those 
30
provisions; it is not intended to supersede any
other Public 
31
Act that amends the text of the Sections as set forth in this 
32
Article 2.
The re-enacted material is shown in this Article 2 
33
as existing text (i.e., without
underscoring).

 
 


 






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    Section 2-5. The Criminal Code of 1961 is amended  by 
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re-enacting 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 
5
Institution;
Possessing Contraband in a Penal Institution.

6
    (a) A person commits the offense of bringing contraband 
7
into a penal
institution when he knowingly and without 
8
authority of any person designated
or authorized to grant such 
9
authority (1) brings an item of contraband into
a penal 
10
institution or (2) causes another to bring an item of

11
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 
15
in a
penal institution when he possesses contraband in a penal 
16
institution,
regardless of the intent with which he possesses 
17
it.

18
    (c) For the purposes of this Section, the words and phrases

19
listed below shall be defined as follows:


20
        (1) "Penal institution" means any penitentiary, State 
21
    farm,
reformatory, prison, jail, house of correction, 
22
    police detention area,
half-way house or other institution 
23
    or place for the incarceration or
custody of persons under 
24
    sentence for offenses awaiting trial or sentence
for 
25
    offenses, under arrest for an offense, a violation of 
26
    probation, a
violation of parole, or a violation of 
27
    mandatory supervised release, or
awaiting a bail setting 
28
    hearing or preliminary hearing; provided that where
the 
29
    place for incarceration or custody is housed within another 
30
    public
building this Act shall not apply to that part of 
31
    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 
2
        Section 1-3.05 of the

Liquor Control Act of 1934.


3
            (ii) "Cannabis" as such term is defined in 
4
        subsection (a) of Section 3
of the Cannabis Control 
5
        Act.


6
            (iii) "Controlled substance" as such term is 
7
        defined in the Illinois
Controlled Substances Act.

8
            (iii-a) "Methamphetamine" as such term is defined 
9
        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 
12
        any instrument
adapted for use of controlled 
13
        substances or cannabis by subcutaneous injection.


14
            (v) "Weapon" means any knife, dagger, dirk, billy, 
15
        razor, stiletto,
broken bottle, or other piece of glass 
16
        which could be used as a dangerous
weapon.  Such term 
17
        includes any of the devices or implements designated in

18
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
19
        of this
Act, or any other dangerous weapon or 
20
        instrument of like character. 


21
            (vi) "Firearm" means any device, by whatever name 
22
        known, which is
designed to expel a projectile or 
23
        projectiles by the action of an
explosion, expansion of 
24
        gas or escape of gas, including but not limited to:


25
                (A) any pneumatic gun, spring gun, or B-B gun 
26
            which expels a single
globular projectile not 
27
            exceeding .18 inch in diameter, or;


28
                (B) any device used exclusively for signaling 
29
            or safety and required
as
recommended by the United 
30
            States Coast Guard or the Interstate Commerce

31
            Commission; or


32
                (C) any device used exclusively for the firing 
33
            of stud cartridges,
explosive rivets or industrial 
34
            ammunition; or


 


 






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                (D) any device which is powered by electrical 
2
            charging units, such as
batteries, and which fires 
3
            one or several barbs attached to a length of
wire 
4
            and which, upon hitting a human, can send out 
5
            current capable of
disrupting the person's nervous 
6
            system in such a manner as to render him
incapable 
7
            of normal functioning, commonly referred to as a 
8
            stun gun or taser.


9
            (vii) "Firearm ammunition" means any 
10
        self-contained cartridge or shotgun
shell, by whatever 
11
        name known, which is designed to be used or adaptable 
12
        to
use in a firearm, including but not limited to:


13
                (A) any ammunition exclusively designed for 
14
            use with a device used
exclusively for signaling or 
15
            safety and required or recommended by the
United 
16
            States Coast Guard or the Interstate Commerce 
17
            Commission; or


18
                (B) any ammunition designed exclusively for 
19
            use with a stud or rivet
driver or other similar 
20
            industrial ammunition.


21
            (viii) "Explosive" means, but is not limited to, 
22
        bomb, bombshell,
grenade, bottle or other container 
23
        containing an explosive substance of
over one-quarter 
24
        ounce for like purposes such as black powder bombs and

25
        Molotov cocktails or artillery projectiles.


26
            (ix) "Tool to defeat security mechanisms" means, 
27
        but is not limited to,
handcuff or security restraint 
28
        key, tool designed to pick locks, or device or

29
        instrument capable of unlocking handcuff or security 
30
        restraints, doors to
cells, rooms, gates or other areas 
31
        of the penal institution.


32
            (x) "Cutting tool" means, but is not limited to, 
33
        hacksaw blade,
wirecutter,
or device, instrument or 
34
        file capable of cutting through metal.


 


 






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            (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
        brought into or possessed in a
penal institution 
8
        without the written authorization of the Chief 
9
        Administrative
Officer.

10
    (d) Bringing alcoholic liquor into a penal institution is a 
11
Class 4
felony.  Possessing alcoholic liquor in a penal 
12
institution is a Class 4
felony.

13
    (e) Bringing cannabis into a penal institution is a Class 3 
14
felony.
Possessing cannabis in a penal institution is a Class 3 
15
felony.

16
    (f) Bringing any amount of a controlled substance 
17
classified in
Schedules III, IV or V of Article II of the 
18
Controlled Substance Act into a
penal institution is a Class 2 
19
felony.  Possessing any amount of a
controlled substance 
20
classified in Schedule III, IV, or V of Article II of
the 
21
Controlled Substance Act in a penal institution is a Class 2 
22
felony.

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    (g) Bringing any amount of a controlled substance 
24
classified in
Schedules I or II of Article II of the Controlled 
25
Substance Act into a
penal institution is a Class 1 felony.  
26
Possessing any amount of a
controlled substance classified in 
27
Schedules I or II of Article II of the
Controlled Substance Act 
28
in a penal institution is a Class 1 felony.

29
    (h) Bringing an item of contraband listed in paragraph (iv) 
30
of
subsection (c)(2) into a penal institution is a Class 1 
31
felony.  Possessing
an item of contraband listed in paragraph 
32
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
33
felony.

34
    (i) Bringing an item of contraband listed in paragraph (v), 
 


 






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(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
2
institution is a Class 1 felony.  Possessing an item of

3
contraband listed in paragraph (v), (ix), (x), or (xi) of

4
subsection (c)(2) in a
penal
institution is a Class 1 felony.

5
    (j) Bringing an item of contraband listed in paragraphs 
6
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
7
institution is a Class X felony.
Possessing an item of 
8
contraband listed in paragraphs (vi), (vii), or
(viii) of 
9
subsection (c)(2) in a penal institution is a Class X felony.

10
    (k) It shall be an affirmative defense to subsection
(b) 
11
hereof, that
such possession was specifically authorized by 
12
rule, regulation, or
directive of the governing authority of 
13
the penal institution or order
issued pursuant thereto.

14
    (l) It shall be an affirmative defense to subsection (a)(1) 
15
and
subsection (b) hereof that the person bringing into or 
16
possessing
contraband in a penal institution had been arrested, 
17
and that that person
possessed such contraband at the time of 
18
his
arrest, and that such contraband was brought into or 
19
possessed in the penal
institution by that person as a direct 
20
and immediate result of his arrest.

21
    (m) Items confiscated may be retained for use by the 
22
Department of
Corrections or disposed of as deemed appropriate 
23
by the Chief Administrative
Officer in accordance with 
24
Department rules or disposed of as required by
law.

25
(Source: P.A. 94-556, eff. 9-11-05.)

 



26
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)


27
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
28
penal institution
by an employee; unauthorized possessing of 
29
contraband in a penal institution by
an employee; unauthorized 
30
delivery of contraband in a penal institution by an
employee.

31
    (a) A person commits the offense of unauthorized bringing 
32
of contraband into
a penal institution by an employee when a 
33
person who is an employee knowingly
and without authority or 
 


 






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any person designated or authorized to grant such
authority:


2
        (1) brings or attempts to bring an item of contraband 
3
    listed in paragraphs
(i) through (iv) of subsection (d)(4) 
4
    into a penal institution, or


5
        (2) causes or permits another to bring an item of 
6
    contraband listed in
paragraphs (i) through (iv) of 
7
    subsection (d)(4) into a penal
institution.

8
    (b) A person commits the offense of unauthorized possession 
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
possesses contraband listed in paragraphs (i) through (iv) of

13
subsection (d)(4) in a penal institution, regardless of the 
14
intent with which
he possesses it.

15
    (c) A person commits the offense of unauthorized delivery 
16
of contraband
in a penal institution by an employee when a 
17
person who is an employee
knowingly and without authority of 
18
any person designated or authorized to grant
such authority:


19
        (1) delivers or possesses with intent to deliver an 
20
    item of contraband
to any inmate of a penal institution, or


21
        (2) conspires to deliver or solicits the delivery of an 
22
    item of
contraband to any inmate of a penal institution, or


23
        (3) causes or permits the delivery of an item of 
24
    contraband to any
inmate of a penal institution, or


25
        (4) permits another person to attempt to deliver an 
26
    item of contraband to
any inmate of a penal institution.

27
    (d) For purpose of this Section, the words and phrases 
28
listed below
shall be defined as follows:


29
        (1) "Penal Institution" shall have the meaning 
30
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
31
    this Code;


32
        (2) "Employee" means any elected or appointed officer, 
33
    trustee or
employee of a penal institution or of the 
34
    governing authority of the penal
institution, or any person 
 


 






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    who performs services for the penal institution
pursuant to 
2
    contract with the penal institution or its governing

3
    authority.


4
        (3) "Deliver" or "delivery" means the actual, 
5
    constructive or attempted
transfer of possession of an item 
6
    of contraband, with or without consideration,
whether or 
7
    not there is an agency relationship;


8
        (4) "Item of contraband" means any of the following:


9
            (i) "Alcoholic liquor" as such term is defined in 
10
        Section 1-3.05 of the
Liquor Control Act of 1934.


11
            (ii) "Cannabis" as such term is defined in 
12
        subsection (a) of
Section 3 of the Cannabis Control 
13
        Act.


14
            (iii) "Controlled substance" as such term is 
15
        defined in the Illinois
Controlled Substances Act.

16
            (iii-a) "Methamphetamine" as such term is defined 
17
        in the Illinois Controlled Substances Act or the 
18
        Methamphetamine Control and Community Protection Act.

19
            (iv) "Hypodermic syringe" or hypodermic needle, or 
20
        any instrument
adapted for use of controlled 
21
        substances or cannabis by subcutaneous injection.


22
            (v) "Weapon" means any knife, dagger, dirk, billy, 
23
        razor, stiletto,
broken bottle, or other piece of glass 
24
        which could be used as a dangerous
weapon.  Such term 
25
        includes any of the devices or implements designated in

26
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
27
        of this Act, or any
other dangerous weapon or 
28
        instrument of like character.


29
            (vi) "Firearm" means any device, by whatever name 
30
        known, which is
designed to expel a projectile or 
31
        projectiles by the action of an explosion,
expansion of 
32
        gas or escape of gas, including but not limited to:


33
                (A) any pneumatic gun, spring gun, or B-B gun 
34
            which expels a single
globular projectile not 
 


 






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            exceeding .18 inch in diameter; or


2
                (B) any device used exclusively for signaling 
3
            or safety and required
or recommended by the United 
4
            States Coast Guard or the Interstate Commerce

5
            Commission; or


6
                (C) any device used exclusively for the firing 
7
            of stud cartridges,
explosive rivets or industrial 
8
            ammunition; or


9
                (D) any device which is powered by electrical 
10
            charging units, such as
batteries, and which fires 
11
            one or several barbs attached to a length of
wire 
12
            and which, upon hitting a human, can send out 
13
            current capable of
disrupting the person's nervous 
14
            system in such a manner as to render him
incapable 
15
            of normal functioning, commonly referred to as a 
16
            stun gun or taser.


17
            (vii) "Firearm ammunition" means any 
18
        self-contained cartridge or shotgun
shell, by whatever 
19
        name known, which is designed to be used or adaptable 
20
        to
use in a firearm, including but not limited to:


21
                (A) any ammunition exclusively designed for 
22
            use with a device used
exclusively for signaling or 
23
            safety and required or recommended by the
United 
24
            States Coast Guard or the Interstate Commerce 
25
            Commission; or


26
                (B) any ammunition designed exclusively for 
27
            use with a stud or rivet
driver or other similar 
28
            industrial ammunition.


29
            (viii) "Explosive" means, but is not limited to, 
30
        bomb, bombshell,
grenade, bottle or other container 
31
        containing an explosive substance of
over one-quarter 
32
        ounce for like purposes such as black powder bombs and

33
        Molotov cocktails or artillery projectiles.


34
            (ix) "Tool to defeat security mechanisms" means, 
 


 






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        but is not limited
to,
handcuff or security restraint 
2
        key, tool designed to pick locks, or device or

3
        instrument capable of unlocking handcuff or security 
4
        restraints, doors to
cells, rooms, gates or other areas 
5
        of the penal institution.


6
            (x) "Cutting tool" means, but is not limited to, 
7
        hacksaw blade,
wirecutter, or device, instrument or 
8
        file capable of cutting through metal.


9
            (xi) "Electronic contraband" means, but is not 
10
        limited to, any
electronic, video recording device, 
11
        computer, or cellular communications
equipment, 
12
        including, but not
limited to, cellular telephones, 
13
        cellular telephone batteries, videotape
recorders, 
14
        pagers,
computers, and computer peripheral equipment.

15
    (e) A violation of paragraphs (a) or (b) of this Section 
16
involving alcohol
is a Class 4 felony. A violation of paragraph 
17
(a) or (b) of this Section
involving cannabis is a Class 2 
18
felony.  A violation of paragraph (a) or (b)
involving any 
19
amount of a controlled substance classified in Schedules III, 
20
IV
or V of Article II of the Illinois Controlled Substances Act 
21
is a Class 1
felony.  A
violation of paragraph (a) or (b) of 
22
this Section involving any amount of a
controlled substance 
23
classified in Schedules I or II of Article II of the
Illinois 
24
Controlled Substances Act is a Class X felony.  A violation of

25
paragraph (a) or
(b) involving an item of contraband listed in 
26
paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
27
violation of paragraph (a) or (b) involving an
item of 
28
contraband listed in paragraph (v) or (xi) of subsection (d)(4) 
29
is
a Class 1
felony.  A violation of paragraph (a) or (b) 
30
involving an item of contraband
listed in paragraphs (vi), 
31
(vii) or (viii) of subsection (d)(4) is a Class X
felony.

32
    (f) A violation of paragraph (c) of this Section involving 
33
alcoholic
liquor is a Class 3 felony.   A violation of paragraph 
34
(c) involving cannabis
is a Class 1 felony.  A violation of 
 


 






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paragraph (c) involving any amount of a
controlled substance 
2
classified in Schedules III, IV or V of Article II of the

3
Illinois Controlled Substances Act is a Class X felony.  A 
4
violation of
paragraph (c)
involving any amount of a controlled 
5
substance classified in Schedules I or II
of Article II of the 
6
Illinois Controlled Substances Act is a Class X felony
for 
7
which
the minimum term of imprisonment shall be 8 years.  A 
8
violation of paragraph
(c) involving an item of contraband 
9
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
10
felony for which the minimum term of imprisonment shall be
8 
11
years.  A violation of paragraph (c) involving an item of 
12
contraband listed
in paragraph (v), (ix) or (x) of subsection 
13
(d)(4) is a Class X felony for
which the minimum
term of 
14
imprisonment shall be 10 years.  A violation of paragraph (c) 
15
involving
an item of contraband listed in paragraphs (vi), 
16
(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
17
which the minimum term of imprisonment shall be
12 years.

18
    (g) Items confiscated may be retained for use by the 
19
Department of
Corrections or disposed of as deemed appropriate 
20
by the Chief Administrative
Officer in accordance with 
21
Department rules or disposed of as required by
law.

22
(Source: P.A. 94-556, eff. 9-11-05.)".