Full Text of HB0218 95th General Assembly
HB0218 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0218
Introduced 1/19/2007, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/31A-1.1 |
from Ch. 38, par. 31A-1.1 |
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Amends the Criminal Code of 1961. With respect to the offenses of bringing contraband into a penal institution and possessing contraband in a penal institution, defines "penal institution" to include an Illinois Department of Corrections Parole Office.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0218 |
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LRB095 04372 RLC 24415 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 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 31A-1.1 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 | 8 |
| Institution;
Possessing Contraband in a Penal Institution.
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| (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
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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 | 16 |
| an
inmate access to the contraband.
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| (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.
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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 Illinois Department |
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LRB095 04372 RLC 24415 b |
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| of Corrections Parole Office, or any penitentiary, State | 2 |
| farm,
reformatory, prison, jail, house of correction, | 3 |
| police detention area,
half-way house or other institution | 4 |
| or place for the incarceration or
custody of persons under | 5 |
| sentence for offenses awaiting trial or sentence
for | 6 |
| offenses, under arrest for an offense, a violation of | 7 |
| probation, a
violation of parole, or a violation of | 8 |
| mandatory supervised release, or
awaiting a bail setting | 9 |
| hearing or preliminary hearing; provided that where
the | 10 |
| place for incarceration or custody is housed within another | 11 |
| public
building this Act shall not apply to that part of | 12 |
| such building unrelated
to the incarceration or custody of | 13 |
| 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 | 16 |
| Section 1-3.05 of the
Liquor Control Act of 1934.
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| (ii) "Cannabis" as such term is defined in | 18 |
| subsection (a) of Section 3
of the Cannabis Control | 19 |
| Act.
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| (iii) "Controlled substance" as such term is | 21 |
| defined in the Illinois
Controlled Substances Act.
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| (iii-a) "Methamphetamine" as such term is defined | 23 |
| in the Illinois Controlled Substances Act or the | 24 |
| Methamphetamine Control and Community Protection Act.
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| (iv) "Hypodermic syringe" or hypodermic needle, or | 26 |
| any instrument
adapted for use of controlled |
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LRB095 04372 RLC 24415 b |
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| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, | 3 |
| razor, stiletto,
broken bottle, or other piece of glass | 4 |
| which could be used as a dangerous
weapon. Such term | 5 |
| 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 | 7 |
| of this
Act, or any other dangerous weapon or | 8 |
| instrument of like character.
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| (vi) "Firearm" means any device, by whatever name | 10 |
| known, which is
designed to expel a projectile or | 11 |
| projectiles by the action of an
explosion, expansion of | 12 |
| gas or escape of gas, including but not limited to:
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| (A) any pneumatic gun, spring gun, or B-B gun | 14 |
| which expels a single
globular projectile not | 15 |
| exceeding .18 inch in diameter, or;
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| (B) any device used exclusively for signaling | 17 |
| or safety and required
as
recommended by the United | 18 |
| 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 | 21 |
| of stud cartridges,
explosive rivets or industrial | 22 |
| ammunition; or
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| (D) any device which is powered by electrical | 24 |
| charging units, such as
batteries, and which fires | 25 |
| one or several barbs attached to a length of
wire | 26 |
| and which, upon hitting a human, can send out |
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| current capable of
disrupting the person's nervous | 2 |
| system in such a manner as to render him
incapable | 3 |
| of normal functioning, commonly referred to as a | 4 |
| stun gun or taser.
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| (vii) "Firearm ammunition" means any | 6 |
| self-contained cartridge or shotgun
shell, by whatever | 7 |
| name known, which is designed to be used or adaptable | 8 |
| to
use in a firearm, including but not limited to:
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| (A) any ammunition exclusively designed for | 10 |
| use with a device used
exclusively for signaling or | 11 |
| safety and required or recommended by the
United | 12 |
| States Coast Guard or the Interstate Commerce | 13 |
| Commission; or
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| (B) any ammunition designed exclusively for | 15 |
| use with a stud or rivet
driver or other similar | 16 |
| industrial ammunition.
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| (viii) "Explosive" means, but is not limited to, | 18 |
| bomb, bombshell,
grenade, bottle or other container | 19 |
| containing an explosive substance of
over one-quarter | 20 |
| 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, | 23 |
| but is not limited to,
handcuff or security restraint | 24 |
| key, tool designed to pick locks, or device or
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| instrument capable of unlocking handcuff or security | 26 |
| restraints, doors to
cells, rooms, gates or other areas |
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| of the penal institution.
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| (x) "Cutting tool" means, but is not limited to, | 3 |
| hacksaw blade,
wirecutter,
or device, instrument or | 4 |
| file capable of cutting through metal.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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
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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 | 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.
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| (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.
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| (l) It shall be an affirmative defense to subsection (a)(1) |
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HB0218 |
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LRB095 04372 RLC 24415 b |
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| 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.
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| (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.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)
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