Full Text of HB4538 99th General Assembly
HB4538ham001 99TH GENERAL ASSEMBLY | Rep. Terri Bryant Filed: 2/26/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4538
| 2 | | AMENDMENT NO. ______. Amend House Bill 4538 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 31A-1.1 and 31A-1.2 and by adding Sections | 6 | | 2-2.5, 2-11.5, 2-21.5, 2-23, 21-5.3, and 31A-1.3 as follows: | 7 | | (720 ILCS 5/2-2.5 new) | 8 | | Sec. 2-2.5. Aircraft. | 9 | | "Aircraft" means any contrivance invented, used, or | 10 | | designed to navigate, or fly in, the air. | 11 | | (720 ILCS 5/2-11.5 new) | 12 | | Sec. 2-11.5. Navigable airspace. | 13 | | "Navigable airspace" has the meaning ascribed to it in 49 | 14 | | U.S.C. 40102. |
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| 1 | | (720 ILCS 5/2-21.5 new) | 2 | | Sec. 2-21.5. State penal institution. | 3 | | "State penal institution" means a facility or institution | 4 | | of the Department of Corrections or Department of Juvenile | 5 | | Justice. | 6 | | (720 ILCS 5/2-23 new) | 7 | | Sec. 2-23. Unmanned aerial vehicle. | 8 | | "Unmanned aerial vehicle" means an unmanned aircraft or | 9 | | drone and its
associated elements, including, but not limited | 10 | | to, communication links and the
components that control the | 11 | | unmanned aircraft that are required for the pilot in
command to | 12 | | operate safely and efficiently in the national airspace system. | 13 | | (720 ILCS 5/21-5.3 new) | 14 | | Sec. 21-5.3. Criminal trespass to a State penal institution | 15 | | with an aircraft or unmanned aerial vehicle. | 16 | | (a) Except as provided in subsection (b) of this Section, a | 17 | | person commits criminal trespass to a State penal institution | 18 | | with an aircraft or unmanned aerial vehicle when he or she, | 19 | | without lawful authority, knowingly and intentionally operates | 20 | | an aircraft or unmanned aerial vehicle below the navigable | 21 | | airspace overlaying a State penal institution. | 22 | | (b) This Section does not apply to an employee of the State | 23 | | penal institution who operates the aircraft or unmanned aerial
| 24 | | vehicle within the scope of his or her employment, or a person |
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| 1 | | who receives prior
permission from the State penal institution | 2 | | to operate the aircraft or unmanned aerial vehicle. | 3 | | (c) Sentence. A violation of this Section is a Class A | 4 | | misdemeanor. | 5 | | (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) | 6 | | Sec. 31A-1.1. Bringing Contraband into a Penal | 7 | | Institution;
Possessing Contraband in a Penal Institution. | 8 | | (a) A person commits bringing contraband into a penal
| 9 | | institution when he or she knowingly and without authority of | 10 | | any person designated
or authorized to grant this authority (1) | 11 | | brings an item of contraband into
a penal institution or (2) | 12 | | causes another to bring an item of
contraband into a penal | 13 | | institution or (3) places an item of
contraband in such | 14 | | proximity to a penal institution as to give an
inmate access to | 15 | | the contraband. | 16 | | (b) A person commits possessing contraband in a
penal | 17 | | institution when he or she knowingly possesses contraband in a | 18 | | penal institution,
regardless of the intent with which he or | 19 | | she possesses it. | 20 | | (c) (Blank). | 21 | | (d) Sentence. | 22 | | (1) Bringing into or possessing alcoholic liquor in a | 23 | | penal institution is a Class 4
felony. | 24 | | (2) Bringing into or possessing cannabis in a penal | 25 | | institution is a Class 3 felony.
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| 1 | | (3) Bringing into or possessing any amount of a | 2 | | controlled substance classified in
Schedules III, IV or V | 3 | | of Article II of the Illinois Controlled Substances Act in | 4 | | a
penal institution is a Class 2 felony. | 5 | | (4) Bringing into or possessing any amount of a | 6 | | controlled substance classified in
Schedules I or II of | 7 | | Article II of the Illinois Controlled Substances Act in a
| 8 | | penal institution is a Class 1 felony. | 9 | | (5) Bringing into or possessing a hypodermic syringe in | 10 | | a penal institution is a Class 1 felony. | 11 | | (6) Bringing into or possessing a weapon, tool to | 12 | | defeat security mechanisms, cutting tool, or electronic | 13 | | contraband in a penal institution is a Class 1 felony. | 14 | | (7) Bringing into or possessing a firearm, firearm | 15 | | ammunition, or explosive in a penal institution is a Class | 16 | | X felony.
| 17 | | (8) If a person commits bringing contraband into a | 18 | | penal
institution by use of an unmanned aerial vehicle, in | 19 | | addition to any other penalty provided in this subsection | 20 | | (d), one year of imprisonment shall be added to the | 21 | | sentence imposed by the court. | 22 | | (e) It shall be an affirmative defense to subsection
(b), | 23 | | that
the possession was specifically authorized by rule, | 24 | | regulation, or
directive of the governing authority of the | 25 | | penal institution or order
issued under it. | 26 | | (f) It shall be an affirmative defense to subsection (a)(1) |
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| 1 | | and
subsection (b) that the person bringing into or possessing
| 2 | | contraband in a penal institution had been arrested, and that | 3 | | person
possessed the contraband at the time of his
or her | 4 | | arrest, and that the contraband was brought into or possessed | 5 | | in the penal
institution by that person as a direct and | 6 | | immediate result of his or her arrest. | 7 | | (g) 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. | 11 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.) | 12 | | (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) | 13 | | Sec. 31A-1.2. Unauthorized bringing of contraband into a | 14 | | penal institution
by an employee; unauthorized possessing of | 15 | | contraband in a penal institution by
an employee; unauthorized | 16 | | delivery of contraband in a penal institution by an
employee. | 17 | | (a) A person commits unauthorized bringing of contraband | 18 | | into
a penal institution by an employee when a person who is an | 19 | | employee knowingly
and without authority of
any person | 20 | | designated or authorized to grant this
authority: | 21 | | (1) brings or attempts to bring an item of contraband | 22 | | into a penal institution, or | 23 | | (2) causes or permits another to bring an item of | 24 | | contraband into a penal
institution. | 25 | | (b) A person commits unauthorized possession of contraband |
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| 1 | | in
a penal institution by an employee when a person who is an | 2 | | employee knowingly
and without authority of any person | 3 | | designated or authorized to grant this
authority possesses an | 4 | | item of contraband in a penal institution, regardless of the | 5 | | intent with which
he or she possesses it. | 6 | | (c) A person commits unauthorized delivery of contraband
in | 7 | | a penal institution by an employee when a person who is an | 8 | | employee
knowingly and without authority of any person | 9 | | designated or authorized to grant
this authority: | 10 | | (1) delivers or possesses with intent to deliver an | 11 | | item of contraband
to any inmate of a penal institution, or | 12 | | (2) conspires to deliver or solicits the delivery of an | 13 | | item of
contraband to any inmate of a penal institution, or | 14 | | (3) causes or permits the delivery of an item of | 15 | | contraband to any
inmate of a penal institution, or | 16 | | (4) permits another person to attempt to deliver an | 17 | | item of contraband to
any inmate of a penal institution. | 18 | | (d) For a violation of subsection (a) or (b) involving a | 19 | | cellular telephone or cellular telephone battery, the | 20 | | defendant must intend to provide the cellular telephone or | 21 | | cellular telephone battery to any inmate in a penal | 22 | | institution, or to use the cellular telephone or cellular | 23 | | telephone battery at the direction of an inmate or for the | 24 | | benefit of any inmate of a penal institution. | 25 | | (e) Sentence. | 26 | | (1) A violation of paragraphs (a) or (b) of this |
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| 1 | | Section involving alcohol
is a Class 4 felony. A violation | 2 | | of paragraph (a) or (b) of this Section
involving cannabis | 3 | | is a Class 2 felony. A violation of paragraph (a) or (b)
| 4 | | involving any amount of a controlled substance classified | 5 | | in Schedules III, IV
or V of Article II of the Illinois | 6 | | Controlled Substances Act is a Class 1
felony. A
violation | 7 | | of paragraph (a) or (b) of this Section involving any | 8 | | amount of a
controlled substance classified in Schedules I | 9 | | or II of Article II of the
Illinois Controlled Substances | 10 | | Act is a Class X felony. A violation of
paragraph (a) or
| 11 | | (b) involving a hypodermic syringe is a Class X felony. A | 12 | | violation of paragraph (a) or (b) involving a weapon, tool | 13 | | to defeat security mechanisms, cutting tool, or electronic | 14 | | contraband is
a Class 1
felony. A violation of paragraph | 15 | | (a) or (b) involving a firearm, firearm ammunition, or | 16 | | explosive is a Class X
felony. | 17 | | (2) A violation of paragraph (c) of this Section | 18 | | involving alcoholic
liquor is a Class 3 felony. A violation | 19 | | of paragraph (c) involving cannabis
is a Class 1 felony. A | 20 | | violation of paragraph (c) involving any amount of a
| 21 | | controlled substance classified in Schedules III, IV or V | 22 | | of Article II of the
Illinois Controlled Substances Act is | 23 | | a Class X felony. A violation of
paragraph (c)
involving | 24 | | any amount of a controlled substance classified in | 25 | | Schedules I or II
of Article II of the Illinois Controlled | 26 | | Substances Act is a Class X felony
for which
the minimum |
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| 1 | | term of imprisonment shall be 8 years. A violation of | 2 | | paragraph
(c) involving a hypodermic syringe is a Class X | 3 | | felony for which the minimum term of imprisonment shall be
| 4 | | 8 years. A violation of paragraph (c) involving a weapon, | 5 | | tool to defeat security mechanisms, cutting tool, or | 6 | | electronic contraband is a Class X felony for
which the | 7 | | minimum
term of imprisonment shall be 10 years. A violation | 8 | | of paragraph (c) involving
a firearm, firearm ammunition, | 9 | | or explosive is a Class X felony for which the minimum term | 10 | | of imprisonment shall be
12 years. | 11 | | (3) If a person violates this Section by use of an | 12 | | unmanned aerial vehicle, in addition to any other penalty | 13 | | provided in this subsection (e), one year of imprisonment | 14 | | shall be added to the sentence imposed by the court. | 15 | | (f) Items confiscated may be retained for use by the | 16 | | Department of
Corrections or disposed of as deemed appropriate | 17 | | by the Chief Administrative
Officer in accordance with | 18 | | Department rules or disposed of as required by
law. | 19 | | (g) For a violation of subsection (a) or (b) involving | 20 | | alcoholic liquor, a weapon, firearm, firearm ammunition, tool | 21 | | to defeat security mechanisms, cutting tool, or electronic | 22 | | contraband, the items shall not be considered to be in a penal | 23 | | institution when they are secured in an employee's locked, | 24 | | private motor vehicle parked on the grounds of a penal | 25 | | institution. | 26 | | (Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; |
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| 1 | | 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. | 2 | | 1-1-13.) | 3 | | (720 ILCS 5/31A-1.3 new) | 4 | | Sec. 31A-1.3. Capturing images or data of a State penal | 5 | | institution through the operation of an aircraft or unmanned | 6 | | aerial vehicle. | 7 | | (a) Except as provided in subsection (b) of this Section, a | 8 | | person commits capturing images or data of a State penal | 9 | | institution through the operation of an aircraft or unmanned | 10 | | aerial vehicle when he or she, without lawful authority, | 11 | | knowingly and intentionally
operates an aircraft or unmanned | 12 | | aerial vehicle below the navigable airspace overlaying a State | 13 | | penal institution and captures images or data of the State | 14 | | penal institution through the operation of the aircraft or | 15 | | unmanned aerial vehicle, with the intent to commit, facilitate, | 16 | | or aid in the commission of a violation of this Article or | 17 | | Section 31-6 or 31-7 of the Criminal Code of 2012. | 18 | | (b) This Section does not apply to an employee of the State | 19 | | penal institution who captures images or data of the facility | 20 | | or institution through the operation of an aircraft or unmanned | 21 | | aerial vehicle within the scope of his or
her employment, or a | 22 | | person who receives prior permission from the State penal | 23 | | institution
to capture images or data of the facility or | 24 | | institution through the operation of an aircraft or unmanned | 25 | | aerial vehicle. |
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| 1 | | (c) Sentence. A violation of this Section is a Class 4 | 2 | | felony. ".
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