Full Text of SB1975 95th General Assembly
SB1975enr 95TH GENERAL ASSEMBLY
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LRB095 18740 RLC 44853 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-1.2 as follows:
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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 | 8 |
| penal institution
by an employee; unauthorized possessing of | 9 |
| contraband in a penal institution by
an employee; unauthorized | 10 |
| delivery of contraband in a penal institution by an
employee.
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| (a) A person commits the offense of unauthorized bringing | 12 |
| of contraband into
a penal institution by an employee when a | 13 |
| person who is an employee knowingly
and without authority or | 14 |
| any person designated or authorized to grant such
authority:
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| (1) brings or attempts to bring an item of contraband | 16 |
| listed in paragraphs
(i) through (iv) of subsection (d)(4) | 17 |
| into a penal institution, or
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| (2) causes or permits another to bring an item of | 19 |
| contraband listed in
paragraphs (i) through (iv) of | 20 |
| subsection (d)(4) into a penal
institution.
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| (b) A person commits the offense of unauthorized possession | 22 |
| of contraband in
a penal institution by an employee when a | 23 |
| person who is an employee knowingly
and without authority of |
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| any person designated or authorized to grant such
authority | 2 |
| possesses contraband listed in paragraphs (i) through (iv) of
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| subsection (d)(4) in a penal institution, regardless of the | 4 |
| intent with which
he possesses it.
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| (c) A person commits the offense of unauthorized delivery | 6 |
| of contraband
in a penal institution by an employee when a | 7 |
| person who is an employee
knowingly and without authority of | 8 |
| any person designated or authorized to grant
such authority:
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| (1) delivers or possesses with intent to deliver an | 10 |
| 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 | 12 |
| 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 | 14 |
| contraband to any
inmate of a penal institution, or
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| (4) permits another person to attempt to deliver an | 16 |
| item of contraband to
any inmate of a penal institution.
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| (d) For purpose of this Section, the words and phrases | 18 |
| listed below
shall be defined as follows:
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| (1) "Penal Institution" shall have the meaning | 20 |
| ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | 21 |
| this Code;
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| (2) "Employee" means any elected or appointed officer, | 23 |
| trustee or
employee of a penal institution or of the | 24 |
| governing authority of the penal
institution, or any person | 25 |
| who performs services for the penal institution
pursuant to | 26 |
| contract with the penal institution or its governing
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| authority.
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| (3) "Deliver" or "delivery" means the actual, | 3 |
| constructive or attempted
transfer of possession of an item | 4 |
| of contraband, with or without consideration,
whether or | 5 |
| 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 | 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 | 2 |
| known, which is
designed to expel a projectile or | 3 |
| projectiles by the action of an explosion,
expansion of | 4 |
| gas or escape of gas, including but not limited to:
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| (A) any pneumatic gun, spring gun, or B-B gun | 6 |
| which expels a single
globular projectile not | 7 |
| exceeding .18 inch in diameter; or
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| (B) any device used exclusively for signaling | 9 |
| or safety and required
or recommended by the United | 10 |
| 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 | 13 |
| of stud cartridges,
explosive rivets or industrial | 14 |
| ammunition; or
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| (D) any device which is powered by electrical | 16 |
| charging units, such as
batteries, and which fires | 17 |
| one or several barbs attached to a length of
wire | 18 |
| and which, upon hitting a human, can send out | 19 |
| current capable of
disrupting the person's nervous | 20 |
| system in such a manner as to render him
incapable | 21 |
| of normal functioning, commonly referred to as a | 22 |
| stun gun or taser.
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| (vii) "Firearm ammunition" means any | 24 |
| self-contained cartridge or shotgun
shell, by whatever | 25 |
| name known, which is designed to be used or adaptable | 26 |
| to
use in a firearm, including but not limited to:
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| (A) any ammunition exclusively designed for | 2 |
| use with a device used
exclusively for signaling or | 3 |
| safety and required or recommended by the
United | 4 |
| States Coast Guard or the Interstate Commerce | 5 |
| Commission; or
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| (B) any ammunition designed exclusively for | 7 |
| use with a stud or rivet
driver or other similar | 8 |
| industrial ammunition.
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| (viii) "Explosive" means, but is not limited to, | 10 |
| bomb, bombshell,
grenade, bottle or other container | 11 |
| containing an explosive substance of
over one-quarter | 12 |
| 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, | 15 |
| but is not limited
to,
handcuff or security restraint | 16 |
| key, tool designed to pick locks, or device or
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| instrument capable of unlocking handcuff or security | 18 |
| restraints, doors to
cells, rooms, gates or other areas | 19 |
| of the penal institution.
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| (x) "Cutting tool" means, but is not limited to, | 21 |
| hacksaw blade,
wirecutter, or device, instrument or | 22 |
| file capable of cutting through metal.
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| (xi) "Electronic contraband" means, but is not | 24 |
| limited to, any
electronic, video recording device, | 25 |
| computer, or cellular communications
equipment, | 26 |
| including, but not
limited to, cellular telephones, |
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| cellular telephone batteries, videotape
recorders, | 2 |
| pagers,
computers, and computer peripheral equipment.
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| For a violation of subsection (a) or (b) involving a | 4 |
| cellular telephone or cellular telephone battery, the | 5 |
| defendant must intend to provide the cellular telephone or | 6 |
| cellular telephone battery to any inmate in a penal | 7 |
| institution, or to use the cellular telephone or cellular | 8 |
| telephone battery at the direction of an inmate or for the | 9 |
| benefit of any inmate of a penal institution. | 10 |
| (e) A violation of paragraphs (a) or (b) of this Section | 11 |
| involving alcohol
is a Class 4 felony. A violation of paragraph | 12 |
| (a) or (b) of this Section
involving cannabis is a Class 2 | 13 |
| felony. A violation of paragraph (a) or (b)
involving any | 14 |
| amount of a controlled substance classified in Schedules III, | 15 |
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or V of Article II of the Illinois Controlled Substances Act | 16 |
| is a Class 1
felony. A
violation of paragraph (a) or (b) of | 17 |
| this Section involving any amount of a
controlled substance | 18 |
| classified in Schedules I or II of Article II of the
Illinois | 19 |
| Controlled Substances Act is a Class X felony. A violation of
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| paragraph (a) or
(b) involving an item of contraband listed in | 21 |
| paragraph (iv) of subsection
(d)(4) is a Class X felony. A | 22 |
| violation of paragraph (a) or (b) involving an
item of | 23 |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) | 24 |
| is
a Class 1
felony. A violation of paragraph (a) or (b) | 25 |
| involving an item of contraband
listed in paragraphs (vi), | 26 |
| (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 | 2 |
| alcoholic
liquor is a Class 3 felony. A violation of paragraph | 3 |
| (c) involving cannabis
is a Class 1 felony. A violation of | 4 |
| paragraph (c) involving any amount of a
controlled substance | 5 |
| classified in Schedules III, IV or V of Article II of the
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| Illinois Controlled Substances Act is a Class X felony. A | 7 |
| violation of
paragraph (c)
involving any amount of a controlled | 8 |
| substance classified in Schedules I or II
of Article II of the | 9 |
| Illinois Controlled Substances Act is a Class X felony
for | 10 |
| which
the minimum term of imprisonment shall be 8 years. A | 11 |
| violation of paragraph
(c) involving an item of contraband | 12 |
| listed in paragraph (iv) of subsection
(d)(4) is a Class X | 13 |
| felony for which the minimum term of imprisonment shall be
8 | 14 |
| years. A violation of paragraph (c) involving an item of | 15 |
| contraband listed
in paragraph (v), (ix) or (x) of subsection | 16 |
| (d)(4) is a Class X felony for
which the minimum
term of | 17 |
| imprisonment shall be 10 years. A violation of paragraph (c) | 18 |
| involving
an item of contraband listed in paragraphs (vi), | 19 |
| (vii) or (viii) of subsection
(d)(4) is a Class X felony for | 20 |
| which the minimum term of imprisonment shall be
12 years.
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| (g) 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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| (h) For a violation of subsection (a) or (b) involving | 26 |
| items described in clause (i), (v), (vi), (vii), (ix), (x), or |
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| (xi) of paragraph (4) of subsection (d), such items shall not | 2 |
| be considered to be in a penal institution when they are | 3 |
| secured in an employee's locked, private motor vehicle parked | 4 |
| on the grounds of a penal institution. | 5 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)
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