Full Text of SB2613 94th General Assembly
SB2613 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2613
Introduced 1/20/2006, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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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 |
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Amends the Criminal Code of 1961. Re-enacts the provisions of
Public Act 89-688 relating to bringing contraband into a penal institution;
possessing contraband in a penal institution; and unauthorized bringing of
contraband into a penal institution by an employee. (Public Act 89-688
was held unconstitutional as violating the single subject clause of the
Illinois
Constitution). Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2613 |
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LRB094 16170 RLC 51412 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Findings; purpose. | 5 |
| (a) The General Assembly finds and declares that:
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| (1) Public Act 89-688, effective June 1, 1997, | 7 |
| contained provisions
amending Sections 31A-1.1 and 31A-1.2 | 8 |
| of the Criminal Code of 1961
relating to bringing | 9 |
| contraband into a penal institution; possessing
contraband | 10 |
| in a penal institution; and unauthorized bringing of | 11 |
| contraband
into a penal institution by an employee. Public | 12 |
| Act 89-688 also contained
other provisions.
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| (2) On October 20, 2000, in People v. Jerry Lee Foster, | 14 |
| 316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth | 15 |
| District, ruled that Public Act
89-688 violates the single | 16 |
| subject clause of the Illinois Constitution (Article
IV, | 17 |
| Section 8 (d)) and is therefore unconstitutional in its | 18 |
| entirety.
The Illinois Supreme Court agreed with the | 19 |
| reasoning of that court in People v. Burdunice, 211 Ill. 2d | 20 |
| 264 (2004). | 21 |
| (3) The provisions added to Sections 31A-1.1 and | 22 |
| 31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 | 23 |
| are of vital concern to the
people of this State. Prompt | 24 |
| legislative action concerning those provisions is
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| necessary.
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| (4) Section 31A-1.1 of the Criminal Code of 1961 has | 27 |
| subsequently
been amended by Public Act 94-556. Section | 28 |
| 31A-1.2 of the Criminal Code of 1961 has subsequently
been | 29 |
| amended by Public Acts 90-655, 91-357, and 94-556.
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| (b) It is the purpose of this Act to re-enact Sections | 31 |
| 31A-1.1 and 31A-1.2
of the Criminal Code of 1961, including the | 32 |
| provisions added by Public
Act 89-688 and the subsequent | 33 |
| amendment to Section 31A-1.1 by Public Act 94-556 and |
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| subsequent amendments to Section 31A-1.2 by Public Acts 90-655, | 2 |
| 91-357, and 94-556. This re-enactment is intended to remove any | 3 |
| question as to the
validity or content of those provisions; it | 4 |
| is not intended to supersede any
other Public Act that amends | 5 |
| the text of the Sections as set forth in this Act.
The | 6 |
| re-enacted material is shown in this Act as existing text | 7 |
| (i.e., without
underscoring).
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| Section 5. The Criminal Code of 1961 is amended by | 9 |
| 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 | 12 |
| Institution;
Possessing Contraband in a Penal Institution.
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| (a) A person commits the offense of bringing contraband | 14 |
| into a penal
institution when he knowingly and without | 15 |
| authority of any person designated
or authorized to grant such | 16 |
| authority (1) brings an item of contraband into
a penal | 17 |
| institution or (2) causes another to bring an item of
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| 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 | 20 |
| an
inmate access to the contraband.
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| (b) A person commits the offense of possessing contraband | 22 |
| in a
penal institution when he possesses contraband in a penal | 23 |
| institution,
regardless of the intent with which he possesses | 24 |
| it.
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| (c) For the purposes of this Section, the words and phrases
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| listed below shall be defined as follows:
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| (1) "Penal institution" means any penitentiary, State | 28 |
| farm,
reformatory, prison, jail, house of correction, | 29 |
| police detention area,
half-way house or other institution | 30 |
| or place for the incarceration or
custody of persons under | 31 |
| sentence for offenses awaiting trial or sentence
for | 32 |
| offenses, under arrest for an offense, a violation of | 33 |
| probation, a
violation of parole, or a violation of | 34 |
| mandatory supervised release, or
awaiting a bail setting |
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| hearing or preliminary hearing; provided that where
the | 2 |
| place for incarceration or custody is housed within another | 3 |
| public
building this Act shall not apply to that part of | 4 |
| such building unrelated
to the incarceration or custody of | 5 |
| 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 | 8 |
| Section 1-3.05 of the
Liquor Control Act of 1934.
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| (ii) "Cannabis" as such term is defined in | 10 |
| subsection (a) of Section 3
of the Cannabis Control | 11 |
| Act.
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| (iii) "Controlled substance" as such term is | 13 |
| defined in the Illinois
Controlled Substances Act.
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| (iii-a) "Methamphetamine" as such term is defined | 15 |
| in the Illinois Controlled Substances Act or the | 16 |
| Methamphetamine Control and Community Protection Act.
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| (iv) "Hypodermic syringe" or hypodermic needle, or | 18 |
| any instrument
adapted for use of controlled | 19 |
| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, | 21 |
| razor, stiletto,
broken bottle, or other piece of glass | 22 |
| which could be used as a dangerous
weapon. Such term | 23 |
| includes any of the devices or implements designated in
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| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | 25 |
| of this
Act, or any other dangerous weapon or | 26 |
| instrument of like character.
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| (vi) "Firearm" means any device, by whatever name | 28 |
| known, which is
designed to expel a projectile or | 29 |
| projectiles by the action of an
explosion, expansion of | 30 |
| gas or escape of gas, including but not limited to:
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| (A) any pneumatic gun, spring gun, or B-B gun | 32 |
| which expels a single
globular projectile not | 33 |
| exceeding .18 inch in diameter, or;
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| (B) any device used exclusively for signaling | 35 |
| or safety and required
as
recommended by the United | 36 |
| States Coast Guard or the Interstate Commerce
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| Commission; or
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| (C) any device used exclusively for the firing | 3 |
| of stud cartridges,
explosive rivets or industrial | 4 |
| ammunition; or
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| (D) any device which is powered by electrical | 6 |
| charging units, such as
batteries, and which fires | 7 |
| one or several barbs attached to a length of
wire | 8 |
| and which, upon hitting a human, can send out | 9 |
| current capable of
disrupting the person's nervous | 10 |
| system in such a manner as to render him
incapable | 11 |
| of normal functioning, commonly referred to as a | 12 |
| stun gun or taser.
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| (vii) "Firearm ammunition" means any | 14 |
| self-contained cartridge or shotgun
shell, by whatever | 15 |
| name known, which is designed to be used or adaptable | 16 |
| to
use in a firearm, including but not limited to:
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| (A) any ammunition exclusively designed for | 18 |
| use with a device used
exclusively for signaling or | 19 |
| safety and required or recommended by the
United | 20 |
| States Coast Guard or the Interstate Commerce | 21 |
| Commission; or
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| (B) any ammunition designed exclusively for | 23 |
| use with a stud or rivet
driver or other similar | 24 |
| industrial ammunition.
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| (viii) "Explosive" means, but is not limited to, | 26 |
| bomb, bombshell,
grenade, bottle or other container | 27 |
| containing an explosive substance of
over one-quarter | 28 |
| ounce for like purposes such as black powder bombs and
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| Molotov cocktails or artillery projectiles.
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| (ix) "Tool to defeat security mechanisms" means, | 31 |
| but is not limited to,
handcuff or security restraint | 32 |
| key, tool designed to pick locks, or device or
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| instrument capable of unlocking handcuff or security | 34 |
| restraints, doors to
cells, rooms, gates or other areas | 35 |
| of the penal institution.
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| (x) "Cutting tool" means, but is not limited to, |
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| hacksaw blade,
wirecutter,
or device, instrument or | 2 |
| file capable of cutting through metal.
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| (xi) "Electronic contraband" means, but is not | 4 |
| limited to, any
electronic, video recording device, | 5 |
| computer, or cellular communications
equipment, | 6 |
| including, but not
limited to, cellular telephones, | 7 |
| cellular telephone batteries, videotape
recorders, | 8 |
| pagers,
computers, and computer peripheral equipment | 9 |
| brought into or possessed in a
penal institution | 10 |
| without the written authorization of the Chief | 11 |
| Administrative
Officer.
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| (d) Bringing alcoholic liquor into a penal institution is a | 13 |
| Class 4
felony. Possessing alcoholic liquor in a penal | 14 |
| institution is a Class 4
felony.
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| (e) Bringing cannabis into a penal institution is a Class 3 | 16 |
| felony.
Possessing cannabis in a penal institution is a Class 3 | 17 |
| felony.
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| (f) Bringing any amount of a controlled substance | 19 |
| classified in
Schedules III, IV or V of Article II of the | 20 |
| Controlled Substance Act into a
penal institution is a Class 2 | 21 |
| felony. Possessing any amount of a
controlled substance | 22 |
| classified in Schedule III, IV, or V of Article II of
the | 23 |
| Controlled Substance Act in a penal institution is a Class 2 | 24 |
| felony.
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| (g) Bringing any amount of a controlled substance | 26 |
| classified in
Schedules I or II of Article II of the Controlled | 27 |
| Substance Act into a
penal institution is a Class 1 felony. | 28 |
| Possessing any amount of a
controlled substance classified in | 29 |
| Schedules I or II of Article II of the
Controlled Substance Act | 30 |
| in a penal institution is a Class 1 felony.
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| (h) Bringing an item of contraband listed in paragraph (iv) | 32 |
| of
subsection (c)(2) into a penal institution is a Class 1 | 33 |
| felony. Possessing
an item of contraband listed in paragraph | 34 |
| (iv) of subsection (c)(2) in a
penal institution is a Class 1 | 35 |
| felony.
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| (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
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| contraband listed in paragraph (v), (ix), (x), or (xi) of
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| subsection (c)(2) in a
penal
institution is a Class 1 felony.
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| (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.
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| (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.
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| (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.
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| (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.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
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| 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.
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| (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 | 34 |
| any person designated or authorized to grant such
authority:
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| (1) brings or attempts to bring an item of contraband |
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| listed in paragraphs
(i) through (iv) of subsection (d)(4) | 2 |
| into a penal institution, or
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| (2) causes or permits another to bring an item of | 4 |
| contraband listed in
paragraphs (i) through (iv) of | 5 |
| subsection (d)(4) into a penal
institution.
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| (b) A person commits the offense of unauthorized possession | 7 |
| of contraband in
a penal institution by an employee when a | 8 |
| person who is an employee knowingly
and without authority of | 9 |
| any person designated or authorized to grant such
authority | 10 |
| possesses contraband listed in paragraphs (i) through (iv) of
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| subsection (d)(4) in a penal institution, regardless of the | 12 |
| intent with which
he possesses it.
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| (c) A person commits the offense of unauthorized delivery | 14 |
| of contraband
in a penal institution by an employee when a | 15 |
| person who is an employee
knowingly and without authority of | 16 |
| any person designated or authorized to grant
such authority:
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| (1) delivers or possesses with intent to deliver an | 18 |
| item of contraband
to any inmate of a penal institution, or
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| (2) conspires to deliver or solicits the delivery of an | 20 |
| item of
contraband to any inmate of a penal institution, or
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| (3) causes or permits the delivery of an item of | 22 |
| contraband to any
inmate of a penal institution, or
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| (4) permits another person to attempt to deliver an | 24 |
| item of contraband to
any inmate of a penal institution.
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| (d) For purpose of this Section, the words and phrases | 26 |
| listed below
shall be defined as follows:
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| (1) "Penal Institution" shall have the meaning | 28 |
| ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | 29 |
| this Code;
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| (2) "Employee" means any elected or appointed officer, | 31 |
| trustee or
employee of a penal institution or of the | 32 |
| governing authority of the penal
institution, or any person | 33 |
| who performs services for the penal institution
pursuant to | 34 |
| contract with the penal institution or its governing
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| authority.
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| (3) "Deliver" or "delivery" means the actual, |
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| constructive or attempted
transfer of possession of an item | 2 |
| of contraband, with or without consideration,
whether or | 3 |
| not there is an agency relationship;
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| (4) "Item of contraband" means any of the following:
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| (i) "Alcoholic liquor" as such term is defined in | 6 |
| Section 1-3.05 of the
Liquor Control Act of 1934.
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| (ii) "Cannabis" as such term is defined in | 8 |
| subsection (a) of
Section 3 of the Cannabis Control | 9 |
| Act.
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| (iii) "Controlled substance" as such term is | 11 |
| defined in the Illinois
Controlled Substances Act.
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| (iii-a) "Methamphetamine" as such term is defined | 13 |
| in the Illinois Controlled Substances Act or the | 14 |
| Methamphetamine Control and Community Protection Act.
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| (iv) "Hypodermic syringe" or hypodermic needle, or | 16 |
| any instrument
adapted for use of controlled | 17 |
| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, | 19 |
| razor, stiletto,
broken bottle, or other piece of glass | 20 |
| which could be used as a dangerous
weapon. Such term | 21 |
| includes any of the devices or implements designated in
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| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | 23 |
| of this Act, or any
other dangerous weapon or | 24 |
| instrument of like character.
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| (vi) "Firearm" means any device, by whatever name | 26 |
| known, which is
designed to expel a projectile or | 27 |
| projectiles by the action of an explosion,
expansion of | 28 |
| gas or escape of gas, including but not limited to:
| 29 |
| (A) any pneumatic gun, spring gun, or B-B gun | 30 |
| which expels a single
globular projectile not | 31 |
| exceeding .18 inch in diameter; or
| 32 |
| (B) any device used exclusively for signaling | 33 |
| or safety and required
or recommended by the United | 34 |
| States Coast Guard or the Interstate Commerce
| 35 |
| Commission; or
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| (C) any device used exclusively for the firing |
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| of stud cartridges,
explosive rivets or industrial | 2 |
| ammunition; or
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| (D) any device which is powered by electrical | 4 |
| charging units, such as
batteries, and which fires | 5 |
| one or several barbs attached to a length of
wire | 6 |
| and which, upon hitting a human, can send out | 7 |
| current capable of
disrupting the person's nervous | 8 |
| system in such a manner as to render him
incapable | 9 |
| of normal functioning, commonly referred to as a | 10 |
| stun gun or taser.
| 11 |
| (vii) "Firearm ammunition" means any | 12 |
| self-contained cartridge or shotgun
shell, by whatever | 13 |
| name known, which is designed to be used or adaptable | 14 |
| to
use in a firearm, including but not limited to:
| 15 |
| (A) any ammunition exclusively designed for | 16 |
| use with a device used
exclusively for signaling or | 17 |
| safety and required or recommended by the
United | 18 |
| States Coast Guard or the Interstate Commerce | 19 |
| Commission; or
| 20 |
| (B) any ammunition designed exclusively for | 21 |
| use with a stud or rivet
driver or other similar | 22 |
| industrial ammunition.
| 23 |
| (viii) "Explosive" means, but is not limited to, | 24 |
| bomb, bombshell,
grenade, bottle or other container | 25 |
| containing an explosive substance of
over one-quarter | 26 |
| ounce for like purposes such as black powder bombs and
| 27 |
| Molotov cocktails or artillery projectiles.
| 28 |
| (ix) "Tool to defeat security mechanisms" means, | 29 |
| but is not limited
to,
handcuff or security restraint | 30 |
| key, tool designed to pick locks, or device or
| 31 |
| instrument capable of unlocking handcuff or security | 32 |
| restraints, doors to
cells, rooms, gates or other areas | 33 |
| of the penal institution.
| 34 |
| (x) "Cutting tool" means, but is not limited to, | 35 |
| hacksaw blade,
wirecutter, or device, instrument or | 36 |
| 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 |
| (e) A violation of paragraphs (a) or (b) of this Section | 8 |
| involving alcohol
is a Class 4 felony. A violation of paragraph | 9 |
| (a) or (b) of this Section
involving cannabis is a Class 2 | 10 |
| felony. A violation of paragraph (a) or (b)
involving any | 11 |
| amount of a controlled substance classified in Schedules III, | 12 |
| IV
or V of Article II of the Illinois Controlled Substances Act | 13 |
| is a Class 1
felony. A
violation of paragraph (a) or (b) of | 14 |
| this Section involving any amount of a
controlled substance | 15 |
| classified in Schedules I or II of Article II of the
Illinois | 16 |
| Controlled Substances Act is a Class X felony. A violation of
| 17 |
| paragraph (a) or
(b) involving an item of contraband listed in | 18 |
| paragraph (iv) of subsection
(d)(4) is a Class X felony. A | 19 |
| violation of paragraph (a) or (b) involving an
item of | 20 |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) | 21 |
| is
a Class 1
felony. A violation of paragraph (a) or (b) | 22 |
| involving an item of contraband
listed in paragraphs (vi), | 23 |
| (vii) or (viii) of subsection (d)(4) is a Class X
felony.
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| (f) A violation of paragraph (c) of this Section involving | 25 |
| alcoholic
liquor is a Class 3 felony. A violation of paragraph | 26 |
| (c) involving cannabis
is a Class 1 felony. A violation of | 27 |
| paragraph (c) involving any amount of a
controlled substance | 28 |
| classified in Schedules III, IV or V of Article II of the
| 29 |
| Illinois Controlled Substances Act is a Class X felony. A | 30 |
| violation of
paragraph (c)
involving any amount of a controlled | 31 |
| substance classified in Schedules I or II
of Article II of the | 32 |
| Illinois Controlled Substances Act is a Class X felony
for | 33 |
| which
the minimum term of imprisonment shall be 8 years. A | 34 |
| violation of paragraph
(c) involving an item of contraband | 35 |
| listed in paragraph (iv) of subsection
(d)(4) is a Class X | 36 |
| felony for which the minimum term of imprisonment shall be
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| years. A violation of paragraph (c) involving an item of | 2 |
| contraband listed
in paragraph (v), (ix) or (x) of subsection | 3 |
| (d)(4) is a Class X felony for
which the minimum
term of | 4 |
| imprisonment shall be 10 years. A violation of paragraph (c) | 5 |
| involving
an item of contraband listed in paragraphs (vi), | 6 |
| (vii) or (viii) of subsection
(d)(4) is a Class X felony for | 7 |
| which the minimum term of imprisonment shall be
12 years.
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| (g) Items confiscated may be retained for use by the | 9 |
| Department of
Corrections or disposed of as deemed appropriate | 10 |
| by the Chief Administrative
Officer in accordance with | 11 |
| Department rules or disposed of as required by
law.
| 12 |
| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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