Full Text of HB4588 100th General Assembly
HB4588ham002 100TH GENERAL ASSEMBLY | Rep. Tony McCombie Filed: 3/21/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4588
| 2 | | AMENDMENT NO. ______. Amend House Bill 4588 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 31A-0.1 and by adding Section 31A-1.3 as | 6 | | follows: | 7 | | (720 ILCS 5/31A-0.1) | 8 | | Sec. 31A-0.1. Definitions. For the purposes of this | 9 | | Article: | 10 | | "Deliver" or "delivery" means the actual, constructive or | 11 | | attempted
transfer of possession of an item of contraband, with | 12 | | or without consideration,
whether or not there is an agency | 13 | | relationship. | 14 | | "Employee" means any elected or appointed officer, trustee | 15 | | or
employee of a penal institution or of the governing | 16 | | authority of the penal
institution, or any person who performs |
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| 1 | | services for the penal institution
pursuant to contract with | 2 | | the penal institution or its governing
authority. | 3 | | "Hosts" means to provide a residence in his or her dwelling | 4 | | to a person serving a parole, aftercare, or mandatory | 5 | | supervised release term under a parole or release plan adopted | 6 | | by the Department of Corrections or the Department of Juvenile | 7 | | Justice that identifies the host as the person in whose | 8 | | household the releasee will reside or is residing. | 9 | | "Item of contraband" means any of the following: | 10 | | (i) "Alcoholic liquor" as that term is defined in | 11 | | Section 1-3.05 of the
Liquor Control Act of 1934. | 12 | | (ii) "Cannabis" as that term is defined in subsection | 13 | | (a) of Section 3
of the Cannabis Control Act. | 14 | | (iii) "Controlled substance" as that term is defined in | 15 | | the Illinois
Controlled Substances Act. | 16 | | (iii-a) "Methamphetamine" as that term is defined in | 17 | | the Illinois Controlled Substances Act or the | 18 | | Methamphetamine Control and Community Protection Act. | 19 | | (iv) "Hypodermic syringe" or hypodermic needle, or any | 20 | | instrument
adapted for use of controlled substances or | 21 | | cannabis by subcutaneous injection. | 22 | | (v) "Weapon" means any knife, dagger, dirk, billy, | 23 | | razor, stiletto,
broken bottle, or other piece of glass | 24 | | which could be used as a dangerous
weapon. This term | 25 | | includes any of the devices or implements designated in
| 26 | | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of |
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| 1 | | this
Code, or any other dangerous weapon or instrument of | 2 | | like character. | 3 | | (vi) For purposes of this Section and Sections 31A-1.1 | 4 | | and 31A-1.2 only, "firearm" "Firearm" means any device, by | 5 | | whatever name known, which is
designed to expel a | 6 | | projectile or projectiles by the action of an
explosion, | 7 | | expansion of gas or escape of gas, including but not | 8 | | limited to: | 9 | | (A) any pneumatic gun, spring gun, or B-B gun which | 10 | | expels a single
globular projectile not exceeding .18 | 11 | | inch in diameter; or | 12 | | (B) any device used exclusively for signaling or | 13 | | safety and required
as
recommended by the United States | 14 | | Coast Guard or the Interstate Commerce
Commission; or | 15 | | (C) any device used exclusively for the firing of | 16 | | stud cartridges,
explosive rivets or industrial | 17 | | ammunition; or | 18 | | (D) any device which is powered by electrical | 19 | | charging units, such as
batteries, and which fires one | 20 | | or several barbs attached to a length of
wire and | 21 | | which, upon hitting a human, can send out current | 22 | | capable of
disrupting the person's nervous system in | 23 | | such a manner as to render him or her incapable of | 24 | | normal functioning, commonly referred to as a stun gun | 25 | | or taser. | 26 | | (vii) "Firearm ammunition" means any self-contained |
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| 1 | | cartridge or shotgun
shell, by whatever name known, which | 2 | | is designed to be used or adaptable to
use in a firearm, | 3 | | including but not limited to: | 4 | | (A) any ammunition exclusively designed for use | 5 | | with a device used
exclusively for signaling or safety | 6 | | and required or recommended by the
United States Coast | 7 | | Guard or the Interstate Commerce Commission; or | 8 | | (B) any ammunition designed exclusively for use | 9 | | with a stud or rivet
driver or other similar industrial | 10 | | ammunition. | 11 | | (viii) "Explosive" means, but is not limited to, bomb, | 12 | | bombshell,
grenade, bottle or other container containing | 13 | | an explosive substance of
over one-quarter ounce for like | 14 | | purposes such as black powder bombs and
Molotov cocktails | 15 | | or artillery projectiles. | 16 | | (ix) "Tool to defeat security mechanisms" means, but is | 17 | | not limited to,
handcuff or security restraint key, tool | 18 | | designed to pick locks, popper, or any device or
instrument | 19 | | used to or capable of unlocking or preventing from locking | 20 | | any handcuff or security restraints, doors to
cells, rooms, | 21 | | gates or other areas of the penal institution. | 22 | | (x) "Cutting tool" means, but is not limited to, | 23 | | hacksaw blade,
wirecutter,
or device, instrument or file | 24 | | capable of cutting through metal. | 25 | | (xi) "Electronic contraband" for the purposes of | 26 | | Section 31A-1.1 of this Article means, but is not limited |
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| 1 | | to, any
electronic, video recording device, computer, or | 2 | | cellular communications
equipment, including, but not
| 3 | | limited to, cellular telephones, cellular telephone | 4 | | batteries, videotape
recorders, pagers,
computers, and | 5 | | computer peripheral equipment brought into or possessed in | 6 | | a
penal institution without the written authorization of | 7 | | the Chief Administrative
Officer. "Electronic contraband" | 8 | | for the purposes of Section 31A-1.2 of this Article, means, | 9 | | but is not limited to, any
electronic, video recording | 10 | | device, computer, or cellular communications
equipment, | 11 | | including, but not
limited to, cellular telephones, | 12 | | cellular telephone batteries, videotape
recorders, pagers,
| 13 | | computers, and computer peripheral equipment. | 14 | | "Host site agreement" means an agreement between a person | 15 | | who hosts a person serving aftercare release and the Department | 16 | | of Juvenile Justice. | 17 | | "Parole host agreement" means a host site agreement, | 18 | | electronic detention host agreement, or similar written | 19 | | agreement between a person who hosts a releasee and the | 20 | | Department of Corrections. | 21 | | "Penal institution" means any penitentiary, State farm,
| 22 | | reformatory, prison, jail, house of correction, police | 23 | | detention area,
half-way house or other institution or place | 24 | | for the incarceration or
custody of persons under sentence for | 25 | | offenses awaiting trial or sentence
for offenses, under arrest | 26 | | for an offense, a violation of probation, a
violation of |
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| 1 | | parole, a violation of aftercare release, or a violation of | 2 | | mandatory supervised release, or
awaiting a bail setting | 3 | | hearing or preliminary hearing; provided that where
the place | 4 | | for incarceration or custody is housed within another public
| 5 | | building this Article shall not apply to that part of the | 6 | | building unrelated
to the incarceration or custody of persons.
| 7 | | "Releasee" means a person serving a term of parole, | 8 | | mandatory supervised release, or aftercare release. | 9 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.) | 10 | | (720 ILCS 5/31A-1.3 new) | 11 | | Sec. 31A-1.3. Violation of a parole host agreement or host | 12 | | site agreement. | 13 | | (a) A person commits violation of a parole host agreement | 14 | | or host site agreement when he or she hosts a releasee and he | 15 | | or she knowingly stores or leaves, within premises under his or | 16 | | her control, a firearm if the person knows or has reason to | 17 | | believe that the releasee is likely to gain access to the | 18 | | firearm and the releasee gains access to the firearm unless the | 19 | | firearm is: | 20 | | (1) secured by a device or mechanism, other than the
| 21 | | firearm safety, designed to render a firearm temporarily | 22 | | inoperable; | 23 | | (2) placed in a securely locked box or container; or | 24 | | (3) placed in some other location that a reasonable
| 25 | | person would believe to be secure from the releasee. |
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| 1 | | (b) Subsection (a) does not apply: | 2 | | (1) if the releasee gains access
to a firearm and uses | 3 | | it in a lawful act of self-defense or defense of another; | 4 | | or | 5 | | (2) to any firearm obtained by the releasee because of | 6 | | an unlawful entry of the premises by the releasee or | 7 | | another person. | 8 | | (c) Sentence. A person who violates subsection (a) is | 9 | | guilty of a Class A misdemeanor, except that it is a Class 4 | 10 | | felony if the releasee uses the firearm in the commission of an | 11 | | offense that does not result in death or great bodily harm to | 12 | | another person; or a Class 3 felony if the releasee uses the | 13 | | firearm in the commission of an offense that proximately causes | 14 | | death or great bodily harm to another person. ".
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