Illinois General Assembly - Full Text of HB3936
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Full Text of HB3936  102nd General Assembly

HB3936 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3936

 

Introduced 2/22/2021, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31A-0.1
720 ILCS 5/31A-1.3 new

    Amends the Criminal Code of 2012. Creates the offense of violation of a parole host agreement. Provides that a person commits violation of a parole host agreement when he or she hosts a releasee and he or she knowingly stores or leaves, within premises under his or her control, a firearm if the person knows or has reason to believe that the releasee is likely to gain access to the firearm and the releasee gains access to the firearm. Includes a person who hosts a person serving aftercare release and who has entered into an agreement with the Department of Juvenile Justice to host a person serving aftercare release. Provides exceptions. Provides that violation of a parole host agreement is a Class A misdemeanor. Provides that if the releasee gains access to the host's firearm, the violation is a Class A misdemeanor. Provides that if the releasee uses the firearm in the commission of an offense that does not result in death or great bodily harm to another person, the host is guilty of a Class 4 felony and a Class 3 felony if the releasee's use of the firearm proximately causes death or great bodily harm to another person.


LRB102 16964 RLC 22382 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3936LRB102 16964 RLC 22382 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 31A-0.1 and by adding Section 31A-1.3 as
6follows:
 
7    (720 ILCS 5/31A-0.1)
8    Sec. 31A-0.1. Definitions. For the purposes of this
9Article:
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband,
12with or without consideration, whether or not there is an
13agency relationship.
14    "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the penal institution or its governing authority.
19    "Hosts" means to provide a residence in his or her
20dwelling to a person serving a parole, aftercare, or mandatory
21supervised release term under a parole or release plan adopted
22by the Department of Corrections or the Department of Juvenile
23Justice that identifies the host as the person in whose

 

 

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1household the releasee will reside or is residing.
2    "Item of contraband" means any of the following:
3        (i) "Alcoholic liquor" as that term is defined in
4    Section 1-3.05 of the Liquor Control Act of 1934.
5        (ii) "Cannabis" as that term is defined in subsection
6    (a) of Section 3 of the Cannabis Control Act.
7        (iii) "Controlled substance" as that term is defined
8    in the Illinois Controlled Substances Act.
9        (iii-a) "Methamphetamine" as that term is defined in
10    the Illinois Controlled Substances Act or the
11    Methamphetamine Control and Community Protection Act.
12        (iv) "Hypodermic syringe" or hypodermic needle, or any
13    instrument adapted for use of controlled substances or
14    cannabis by subcutaneous injection.
15        (v) "Weapon" means any knife, dagger, dirk, billy,
16    razor, stiletto, broken bottle, or other piece of glass
17    which could be used as a dangerous weapon. This term
18    includes any of the devices or implements designated in
19    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
20    this Code, or any other dangerous weapon or instrument of
21    like character.
22        (vi) For purposes of this Section and Sections 31A-1.1
23    and 31A-1.2 only, "firearm" "Firearm" means any device, by
24    whatever name known, which is designed to expel a
25    projectile or projectiles by the action of an explosion,
26    expansion of gas or escape of gas, including but not

 

 

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1    limited to:
2            (A) any pneumatic gun, spring gun, or B-B gun
3        which expels a single globular projectile not
4        exceeding .18 inch in diameter; or
5            (B) any device used exclusively for signaling or
6        safety and required as recommended by the United
7        States Coast Guard or the Interstate Commerce
8        Commission; or
9            (C) any device used exclusively for the firing of
10        stud cartridges, explosive rivets or industrial
11        ammunition; or
12            (D) any device which is powered by electrical
13        charging units, such as batteries, and which fires one
14        or several barbs attached to a length of wire and
15        which, upon hitting a human, can send out current
16        capable of disrupting the person's nervous system in
17        such a manner as to render him or her incapable of
18        normal functioning, commonly referred to as a stun gun
19        or taser.
20        (vii) "Firearm ammunition" means any self-contained
21    cartridge or shotgun shell, by whatever name known, which
22    is designed to be used or adaptable to use in a firearm,
23    including but not limited to:
24            (A) any ammunition exclusively designed for use
25        with a device used exclusively for signaling or safety
26        and required or recommended by the United States Coast

 

 

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1        Guard or the Interstate Commerce Commission; or
2            (B) any ammunition designed exclusively for use
3        with a stud or rivet driver or other similar
4        industrial ammunition.
5        (viii) "Explosive" means, but is not limited to, bomb,
6    bombshell, grenade, bottle or other container containing
7    an explosive substance of over one-quarter ounce for like
8    purposes such as black powder bombs and Molotov cocktails
9    or artillery projectiles.
10        (ix) "Tool to defeat security mechanisms" means, but
11    is not limited to, handcuff or security restraint key,
12    tool designed to pick locks, popper, or any device or
13    instrument used to or capable of unlocking or preventing
14    from locking any handcuff or security restraints, doors to
15    cells, rooms, gates or other areas of the penal
16    institution.
17        (x) "Cutting tool" means, but is not limited to,
18    hacksaw blade, wirecutter, or device, instrument or file
19    capable of cutting through metal.
20        (xi) "Electronic contraband" for the purposes of
21    Section 31A-1.1 of this Article means, but is not limited
22    to, any electronic, video recording device, computer, or
23    cellular communications equipment, including, but not
24    limited to, cellular telephones, cellular telephone
25    batteries, videotape recorders, pagers, computers, and
26    computer peripheral equipment brought into or possessed in

 

 

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1    a penal institution without the written authorization of
2    the Chief Administrative Officer. "Electronic contraband"
3    for the purposes of Section 31A-1.2 of this Article,
4    means, but is not limited to, any electronic, video
5    recording device, computer, or cellular communications
6    equipment, including, but not limited to, cellular
7    telephones, cellular telephone batteries, videotape
8    recorders, pagers, computers, and computer peripheral
9    equipment.
10    "Host site agreement" means an agreement between a person
11who hosts a person serving aftercare release and the
12Department of Juvenile Justice.
13    "Parole host agreement" means a host site agreement,
14electronic detention host agreement, or similar written
15agreement between a person who hosts a releasee and the
16Department of Corrections.
17    "Penal institution" means any penitentiary, State farm,
18reformatory, prison, jail, house of correction, police
19detention area, half-way house or other institution or place
20for the incarceration or custody of persons under sentence for
21offenses awaiting trial or sentence for offenses, under arrest
22for an offense, a violation of probation, a violation of
23parole, a violation of aftercare release, or a violation of
24mandatory supervised release, or awaiting a bail setting
25hearing or preliminary hearing; provided that where the place
26for incarceration or custody is housed within another public

 

 

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1building this Article shall not apply to that part of the
2building unrelated to the incarceration or custody of persons.
3    "Releasee" means a person serving a term of parole,
4mandatory supervised release, or aftercare release.
5(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
6    (720 ILCS 5/31A-1.3 new)
7    Sec. 31A-1.3. Violation of a parole host agreement or host
8site agreement.
9    (a) A person commits violation of a parole host agreement
10or host site agreement when he or she hosts a releasee and he
11or she knowingly stores or leaves, within premises under his
12or her control, a firearm if the person knows or has reason to
13believe that the releasee is likely to gain access to the
14firearm and the releasee gains access to the firearm unless
15the firearm is:
16        (1) secured by a device or mechanism, other than the
17    firearm safety, designed to render a firearm temporarily
18    inoperable;
19        (2) placed in a securely locked box or container; or
20        (3) placed in some other location that a reasonable
21    person would believe to be secure from the releasee.
22    (b) Subsection (a) does not apply:
23        (1) if the releasee gains access to a firearm and uses
24    it in a lawful act of self-defense or defense of another;
25    or

 

 

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1        (2) to any firearm obtained by the releasee because of
2    an unlawful entry of the premises by the releasee or
3    another person.
4    (c) Sentence. A person who violates subsection (a) is
5guilty of a Class A misdemeanor, except that it is a Class 4
6felony if the releasee uses the firearm in the commission of an
7offense that does not result in death or great bodily harm to
8another person; or a Class 3 felony if the releasee uses the
9firearm in the commission of an offense that proximately
10causes death or great bodily harm to another person.