Illinois General Assembly - Full Text of HB4588
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Full Text of HB4588  100th General Assembly


Rep. Tony McCombie

Filed: 3/21/2018





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2    AMENDMENT NO. ______. Amend House Bill 4588 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 31A-0.1 and by adding Section 31A-1.3 as
7    (720 ILCS 5/31A-0.1)
8    Sec. 31A-0.1. Definitions. For the purposes of this
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband, with
12or without consideration, whether or not there is an agency
14    "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs



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1services for the penal institution pursuant to contract with
2the penal institution or its governing authority.
3    "Hosts" means to provide a residence in his or her dwelling
4to a person serving a parole, aftercare, or mandatory
5supervised release term under a parole or release plan adopted
6by the Department of Corrections or the Department of Juvenile
7Justice that identifies the host as the person in whose
8household 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
15who hosts a person serving aftercare release and the Department
16of Juvenile Justice.
17    "Parole host agreement" means a host site agreement,
18electronic detention host agreement, or similar written
19agreement between a person who hosts a releasee and the
20Department of Corrections.
21    "Penal institution" means any penitentiary, State farm,
22reformatory, prison, jail, house of correction, police
23detention area, half-way house or other institution or place
24for the incarceration or custody of persons under sentence for
25offenses awaiting trial or sentence for offenses, under arrest
26for an offense, a violation of probation, a violation of



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1parole, a violation of aftercare release, or a violation of
2mandatory supervised release, or awaiting a bail setting
3hearing or preliminary hearing; provided that where the place
4for incarceration or custody is housed within another public
5building this Article shall not apply to that part of the
6building unrelated to the incarceration or custody of persons.
7    "Releasee" means a person serving a term of parole,
8mandatory 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
12site agreement.
13    (a) A person commits violation of a parole host agreement
14or host site agreement when he or she hosts a releasee and he
15or she knowingly stores or leaves, within premises under his or
16her control, a firearm if the person knows or has reason to
17believe that the releasee is likely to gain access to the
18firearm and the releasee gains access to the firearm unless the
19firearm 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
9guilty of a Class A misdemeanor, except that it is a Class 4
10felony if the releasee uses the firearm in the commission of an
11offense that does not result in death or great bodily harm to
12another person; or a Class 3 felony if the releasee uses the
13firearm in the commission of an offense that proximately causes
14death or great bodily harm to another person.".