Full Text of HB3904 102nd General Assembly
HB3904eng 102ND GENERAL ASSEMBLY |
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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. If and only if House Bill 3653 of the 101st | 5 | | General Assembly becomes law, the Criminal Code of 2012 is | 6 | | amended by changing Section 31A-0.1 as follows: | 7 | | (720 ILCS 5/31A-0.1) | 8 | | Sec. 31A-0.1. Definitions. For the purposes of this | 9 | | Article: | 10 | | "Deliver" or "delivery" means the actual, constructive or | 11 | | attempted
transfer of possession of an item of contraband, | 12 | | with or without consideration,
whether or not there is an | 13 | | agency relationship. | 14 | | "Employee" means any elected or appointed officer, trustee | 15 | | or
employee of a penal institution or of the governing | 16 | | authority of the penal
institution, or any person who performs | 17 | | services for the penal institution
pursuant to contract with | 18 | | the penal institution or its governing
authority. | 19 | | "Item of contraband" means any of the following: | 20 | | (i) "Alcoholic liquor" as that term is defined in | 21 | | Section 1-3.05 of the
Liquor Control Act of 1934. | 22 | | (ii) "Cannabis" as that term is defined in subsection | 23 | | (a) of Section 3
of the Cannabis Control Act. |
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| 1 | | (iii) "Controlled substance" as that term is defined | 2 | | in the Illinois
Controlled Substances Act. | 3 | | (iii-a) "Methamphetamine" as that term is defined in | 4 | | the Illinois Controlled Substances Act or the | 5 | | Methamphetamine Control and Community Protection Act. | 6 | | (iv) "Hypodermic syringe" or hypodermic needle, or any | 7 | | instrument
adapted for use of controlled substances or | 8 | | cannabis by subcutaneous injection. | 9 | | (v) "Weapon" means any knife, dagger, dirk, billy, | 10 | | razor, stiletto,
broken bottle, or other piece of glass | 11 | | which could be used as a dangerous
weapon. This term | 12 | | includes any of the devices or implements designated in
| 13 | | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | 14 | | this
Code, or any other dangerous weapon or instrument of | 15 | | like character. | 16 | | (vi) "Firearm" means any device, by whatever name | 17 | | known, which is
designed to expel a projectile or | 18 | | projectiles by the action of an
explosion, expansion of | 19 | | gas or escape of gas, including but not limited to: | 20 | | (A) any pneumatic gun, spring gun, or B-B gun | 21 | | which expels a single
globular projectile not | 22 | | exceeding .18 inch in diameter; or | 23 | | (B) any device used exclusively for signaling or | 24 | | safety and required
as
recommended by the United | 25 | | States Coast Guard or the Interstate Commerce
| 26 | | Commission; or |
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| 1 | | (C) any device used exclusively for the firing of | 2 | | stud cartridges,
explosive rivets or industrial | 3 | | ammunition; or | 4 | | (D) (blank) any device which is powered by | 5 | | electrical charging units, such as
batteries, and | 6 | | which fires one or several barbs attached to a length | 7 | | of
wire and which, upon hitting a human, can send out | 8 | | current capable of
disrupting the person's nervous | 9 | | system in such a manner as to render him or her | 10 | | incapable of normal functioning, commonly referred to | 11 | | as a stun gun or taser . | 12 | | (vii) "Firearm ammunition" means any self-contained | 13 | | cartridge or shotgun
shell, by whatever name known, which | 14 | | is designed to be used or adaptable to
use in a firearm, | 15 | | including but not limited to: | 16 | | (A) any ammunition exclusively designed for use | 17 | | with a device used
exclusively for signaling or safety | 18 | | and required or recommended by the
United States Coast | 19 | | Guard or the Interstate Commerce Commission; or | 20 | | (B) any ammunition designed exclusively for use | 21 | | with a stud or rivet
driver or other similar | 22 | | industrial ammunition. | 23 | | (viii) "Explosive" means, but is not limited to, bomb, | 24 | | bombshell,
grenade, bottle or other container containing | 25 | | an explosive substance of
over one-quarter ounce for like | 26 | | purposes such as black powder bombs and
Molotov cocktails |
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| 1 | | or artillery projectiles. | 2 | | (ix) "Tool to defeat security mechanisms" means, but | 3 | | is not limited to,
handcuff or security restraint key, | 4 | | tool designed to pick locks, popper, or any device or
| 5 | | instrument used to or capable of unlocking or preventing | 6 | | from locking any handcuff or security restraints, doors to
| 7 | | cells, rooms, gates or other areas of the penal | 8 | | institution. | 9 | | (x) "Cutting tool" means, but is not limited to, | 10 | | hacksaw blade,
wirecutter,
or device, instrument or file | 11 | | capable of cutting through metal. | 12 | | (xi) "Electronic contraband" for the purposes of | 13 | | Section 31A-1.1 of this Article means, but is not limited | 14 | | to, any
electronic, video recording device, computer, or | 15 | | cellular communications
equipment, including, but not
| 16 | | limited to, cellular telephones, cellular telephone | 17 | | batteries, videotape
recorders, pagers,
computers, and | 18 | | computer peripheral equipment brought into or possessed in | 19 | | a
penal institution without the written authorization of | 20 | | the Chief Administrative
Officer. "Electronic contraband" | 21 | | for the purposes of Section 31A-1.2 of this Article, | 22 | | means, but is not limited to, any
electronic, video | 23 | | recording device, computer, or cellular communications
| 24 | | equipment, including, but not
limited to, cellular | 25 | | telephones, cellular telephone batteries, videotape
| 26 | | recorders, pagers,
computers, and computer peripheral |
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| 1 | | equipment. | 2 | | "Penal institution" means any penitentiary, State farm,
| 3 | | reformatory, prison, jail, house of correction, police | 4 | | detention area,
half-way house or other institution or place | 5 | | for the incarceration or
custody of persons under sentence for | 6 | | offenses awaiting trial or sentence
for offenses, under arrest | 7 | | for an offense, a violation of probation, a
violation of | 8 | | parole, a violation of aftercare release, or a violation of | 9 | | mandatory supervised release, or
awaiting a hearing on the | 10 | | setting of conditions of pretrial release or preliminary | 11 | | hearing; provided that where
the place for incarceration or | 12 | | custody is housed within another public
building this Article | 13 | | shall not apply to that part of the building unrelated
to the | 14 | | incarceration or custody of persons.
| 15 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14; | 16 | | 10100HB3653enr.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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