Full Text of HB2935 100th General Assembly
HB2935eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 31A-0.1, 31A-1.1, and 31A-1.2 as follows: | 6 | | (720 ILCS 5/31A-0.1) | 7 | | Sec. 31A-0.1. Definitions. For the purposes of this | 8 | | Article: | 9 | | "Deliver" or "delivery" means the actual, constructive or | 10 | | attempted
transfer of possession of an item of contraband, with | 11 | | or without consideration,
whether or not there is an agency | 12 | | relationship. | 13 | | "Employee" means any elected or appointed officer, trustee | 14 | | or
employee of a penal institution or of the governing | 15 | | authority of the penal
institution, or any person who performs | 16 | | services for the penal institution
pursuant to contract with | 17 | | the penal institution or its governing
authority. | 18 | | "Item of contraband" means any of the following: | 19 | | (i) "Alcoholic liquor" as that term is defined in | 20 | | Section 1-3.05 of the
Liquor Control Act of 1934. | 21 | | (i-d) "Broadcast equipment" means, but is not limited | 22 | | to, any hardware, instrument, apparatus, software, or item | 23 | | that contains a camera or recording device of any type, or |
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| 1 | | is capable of capturing, transmitting, intercepting, or | 2 | | projecting any sound, image, pulse wave, radio signal, | 3 | | television signal, or radio signal and television signal. | 4 | | (ii) "Cannabis" as that term is defined in subsection | 5 | | (a) of Section 3
of the Cannabis Control Act. | 6 | | (iii) "Controlled substance" as that term is defined in | 7 | | the Illinois
Controlled Substances Act. | 8 | | (iii-a) "Methamphetamine" as that term is defined in | 9 | | the Illinois Controlled Substances Act or the | 10 | | Methamphetamine Control and Community Protection Act. | 11 | | (iv) "Hypodermic syringe" or hypodermic needle, or any | 12 | | instrument
adapted for use of controlled substances or | 13 | | cannabis by subcutaneous injection. | 14 | | (v) "Weapon" means any knife, dagger, dirk, billy, | 15 | | razor, stiletto,
broken bottle, or other piece of glass | 16 | | which could be used as a dangerous
weapon. This term | 17 | | includes any of the devices or implements designated in
| 18 | | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | 19 | | this
Code, or any other dangerous weapon or instrument of | 20 | | like character. | 21 | | (vi) "Firearm" means any device, by whatever name | 22 | | known, which is
designed to expel a projectile or | 23 | | projectiles by the action of an
explosion, expansion of gas | 24 | | or escape of gas, including but not limited to: | 25 | | (A) any pneumatic gun, spring gun, or B-B gun which | 26 | | expels a single
globular projectile not exceeding .18 |
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| 1 | | inch in diameter; or | 2 | | (B) any device used exclusively for signaling or | 3 | | safety and required
as
recommended by the United States | 4 | | Coast Guard or the Interstate Commerce
Commission; or | 5 | | (C) any device used exclusively for the firing of | 6 | | stud cartridges,
explosive rivets or industrial | 7 | | ammunition; or | 8 | | (D) any device which is powered by electrical | 9 | | charging units, such as
batteries, and which fires one | 10 | | or several barbs attached to a length of
wire and | 11 | | which, upon hitting a human, can send out current | 12 | | capable of
disrupting the person's nervous system in | 13 | | such a manner as to render him or her incapable of | 14 | | normal functioning, commonly referred to as a stun gun | 15 | | or taser. | 16 | | (vii) "Firearm ammunition" means any self-contained | 17 | | cartridge or shotgun
shell, by whatever name known, which | 18 | | is designed to be used or adaptable to
use in a firearm, | 19 | | including but not limited to: | 20 | | (A) any ammunition exclusively designed for use | 21 | | with a device used
exclusively for signaling or safety | 22 | | and required or recommended by the
United States Coast | 23 | | Guard or the Interstate Commerce Commission; or | 24 | | (B) any ammunition designed exclusively for use | 25 | | with a stud or rivet
driver or other similar industrial | 26 | | ammunition. |
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| 1 | | (viii) "Explosive" means, but is not limited to, bomb, | 2 | | bombshell,
grenade, bottle or other container containing | 3 | | an explosive substance of
over one-quarter ounce for like | 4 | | purposes such as black powder bombs and
Molotov cocktails | 5 | | or artillery projectiles. | 6 | | (ix) "Tool to defeat security mechanisms" means, but is | 7 | | not limited to,
handcuff or security restraint key, tool | 8 | | designed to pick locks, popper, or any device or
instrument | 9 | | used to or capable of unlocking or preventing from locking | 10 | | any handcuff or security restraints, doors to
cells, rooms, | 11 | | gates or other areas of the penal institution. | 12 | | (x) "Cutting tool" means, but is not limited to, | 13 | | hacksaw blade,
wirecutter,
or device, instrument or file | 14 | | capable of cutting through metal. | 15 | | (xi) "Electronic contraband" for the purposes of | 16 | | Section 31A-1.1 of this Article means, but is not limited | 17 | | to, any
electronic, software operated device, video | 18 | | recording device, computer, radio or radio-operated | 19 | | device, or cellular communications
equipment, including, | 20 | | but not
limited to, cellular telephones, cellular | 21 | | telephone batteries, videotape
recorders, pagers,
| 22 | | computers, and computer peripheral equipment brought into | 23 | | or possessed in a
penal institution without the written | 24 | | authorization of the Chief Administrative
Officer. | 25 | | "Electronic contraband" for the purposes of Section | 26 | | 31A-1.2 of this Article, means, but is not limited to, any
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| 1 | | electronic, software operated device, video recording | 2 | | device, computer, radio or radio-operated device, or | 3 | | cellular communications
equipment, including, but not
| 4 | | limited to, cellular telephones, cellular telephone | 5 | | batteries, videotape
recorders, pagers,
computers, and | 6 | | computer peripheral equipment. | 7 | | (xii) "Recording device" means, but is not limited to, | 8 | | any instrument, apparatus, method, or device that is | 9 | | capable of receiving, recording, intercepting, or | 10 | | capturing any sounds or images, including, but not limited | 11 | | to, magnetic, digital, chemical, thermodynamic, | 12 | | photochemical, mechanical, magnetic, optical, electrical, | 13 | | or emulsion. | 14 | | "Penal institution" means any penitentiary, State farm,
| 15 | | reformatory, prison, jail, house of correction, police | 16 | | detention area,
half-way house or other institution or place | 17 | | for the incarceration or
custody of persons under sentence for | 18 | | offenses awaiting trial or sentence
for offenses, under arrest | 19 | | for an offense, a violation of probation, a
violation of | 20 | | parole, a violation of aftercare release, or a violation of | 21 | | mandatory supervised release, or
awaiting a bail setting | 22 | | hearing or preliminary hearing; provided that where
the place | 23 | | for incarceration or custody is housed within another public
| 24 | | building this Article shall not apply to that part of the | 25 | | building unrelated
to the incarceration or custody of persons.
| 26 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.) |
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| 1 | | (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) | 2 | | Sec. 31A-1.1. Bringing Contraband into a Penal | 3 | | Institution;
Possessing Contraband in a Penal Institution. | 4 | | (a) A person commits bringing contraband into a penal
| 5 | | institution when he or she knowingly and without authority of | 6 | | any person designated
or authorized to grant this authority | 7 | | (1) brings an item of contraband into
a penal | 8 | | institution ; or | 9 | | (2) causes another to bring an item of
contraband into | 10 | | a penal institution ; or | 11 | | (3) places an item of
contraband in such proximity to a | 12 | | penal institution as to give an
inmate access to the | 13 | | contraband ; or . | 14 | | (4) places or causes to be placed a recording device, | 15 | | broadcast
equipment, or electronic contraband on penal | 16 | | institution property, or
within the proximity of penal | 17 | | institution property with the intent to
disrupt safety, | 18 | | security, or operations of the penal institution. | 19 | | (b) A person commits possessing contraband in a
penal | 20 | | institution when he or she knowingly and without authority | 21 | | possesses contraband in a penal institution,
regardless of the | 22 | | intent with which he or she possesses it. | 23 | | (c) (Blank). | 24 | | (d) Sentence. | 25 | | (1) Bringing into or possessing alcoholic liquor in a |
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| 1 | | penal institution is a Class 4
felony. | 2 | | (2) Bringing into or possessing cannabis in a penal | 3 | | institution is a Class 3 felony.
| 4 | | (3) Bringing into or possessing any amount of a | 5 | | controlled substance classified in
Schedules III, IV or V | 6 | | of Article II of the Illinois Controlled Substances Act in | 7 | | a
penal institution is a Class 2 felony. | 8 | | (4) Bringing into or possessing any amount of a | 9 | | controlled substance classified in
Schedules I or II of | 10 | | Article II of the Illinois Controlled Substances Act in a
| 11 | | penal institution is a Class 1 felony. | 12 | | (5) Bringing into or possessing a hypodermic syringe in | 13 | | a penal institution is a Class 1 felony. | 14 | | (6) Bringing into or possessing a weapon, tool to | 15 | | defeat security mechanisms, cutting tool, or electronic | 16 | | contraband , recording
device, broadcast equipment, or | 17 | | electronic contraband in a penal
institution, on penal | 18 | | institution property, or within the proximity of
penal | 19 | | institution property with the intent to disrupt safety, | 20 | | security,
or operations of the penal institution in a penal | 21 | | institution is a Class 1 felony. | 22 | | (7) Bringing into or possessing a firearm, firearm | 23 | | ammunition, or explosive in a penal institution is a Class | 24 | | X felony.
| 25 | | (e) It shall be an affirmative defense to subsection
(b), | 26 | | that
the possession was specifically authorized by rule, |
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| 1 | | regulation, or
directive of the governing authority of the | 2 | | penal institution or order
issued under it. | 3 | | (f) It shall be an affirmative defense to subsection (a)(1) | 4 | | and
subsection (b) that the person bringing into or possessing
| 5 | | contraband in a penal institution had been arrested, and that | 6 | | person
possessed the contraband at the time of his
or her | 7 | | arrest, and that the contraband was brought into or possessed | 8 | | in the penal
institution by that person as a direct and | 9 | | immediate result of his or her arrest. | 10 | | (g) Items confiscated may be retained for use by the | 11 | | Department of
Corrections or disposed of as deemed appropriate | 12 | | by the Chief Administrative
Officer in accordance with | 13 | | Department rules or disposed of as required by
law. | 14 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.) | 15 | | (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) | 16 | | Sec. 31A-1.2. Unauthorized bringing of contraband into a | 17 | | penal institution
by an employee; unauthorized possessing of | 18 | | contraband in a penal institution by
an employee; unauthorized | 19 | | delivery of contraband in a penal institution by an
employee. | 20 | | (a) A person commits unauthorized bringing of contraband | 21 | | into
a penal institution by an employee when a person who is an | 22 | | employee knowingly
and without authority of
any person | 23 | | designated or authorized to grant this
authority: | 24 | | (1) brings or attempts to bring an item of contraband | 25 | | into a penal institution ; , or |
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| 1 | | (2) causes or permits another to bring an item of | 2 | | contraband into a penal
institution ; or . | 3 | | (3) places or causes to be placed, or permits another | 4 | | to place or cause to
be placed, any item of contraband on | 5 | | penal institution property, or
within the proximity of | 6 | | penal institution property, with the intent to
disrupt | 7 | | safety, security, or operations of the penal institution. | 8 | | (b) A person commits unauthorized possession of contraband | 9 | | in
a penal institution by an employee when a person who is an | 10 | | employee knowingly
and without authority of any person | 11 | | designated or authorized to grant this
authority possesses an | 12 | | item of contraband in a penal institution, regardless of the | 13 | | intent with which
he or she possesses it. | 14 | | (c) A person commits unauthorized delivery of contraband
in | 15 | | a penal institution by an employee when a person who is an | 16 | | employee
knowingly and without authority of any person | 17 | | designated or authorized to grant
this authority: | 18 | | (1) delivers or possesses with intent to deliver an | 19 | | item of contraband
to any inmate of a penal institution ; , | 20 | | or | 21 | | (2) conspires to deliver or solicits the delivery of an | 22 | | item of
contraband to any inmate of a penal institution ; , | 23 | | or | 24 | | (3) causes or permits the delivery of an item of | 25 | | contraband to any
inmate of a penal institution ; , or | 26 | | (4) permits another person to attempt to deliver an |
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| 1 | | item of contraband to
any inmate of a penal institution ; | 2 | | or . | 3 | | (5) delivers, possesses, conspires to deliver or | 4 | | solicits delivery, causes
or permits delivery, or permits | 5 | | another to attempt to deliver, any item
of contraband | 6 | | within the proximity of penal institution property with
the | 7 | | intent to disrupt safety, security, or operations of the | 8 | | penal
institution. | 9 | | (d) For a violation of subsection (a) or (b) involving a | 10 | | cellular telephone or cellular telephone battery, the | 11 | | defendant must intend to provide the cellular telephone or | 12 | | cellular telephone battery to any inmate in a penal | 13 | | institution, or to use the cellular telephone or cellular | 14 | | telephone battery at the direction of an inmate or for the | 15 | | benefit of any inmate of a penal institution. | 16 | | (e) Sentence. | 17 | | (1) A violation of paragraphs (a) or (b) of this | 18 | | Section involving alcohol
is a Class 4 felony. A violation | 19 | | of paragraph (a) or (b) of this Section
involving cannabis | 20 | | is a Class 2 felony. A violation of paragraph (a) or (b)
| 21 | | involving any amount of a controlled substance classified | 22 | | in Schedules III, IV
or V of Article II of the Illinois | 23 | | Controlled Substances Act is a Class 1
felony. A
violation | 24 | | of paragraph (a) or (b) of this Section involving any | 25 | | amount of a
controlled substance classified in Schedules I | 26 | | or II of Article II of the
Illinois Controlled Substances |
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| 1 | | Act is a Class X felony. A violation of
paragraph (a) or
| 2 | | (b) involving a hypodermic syringe is a Class X felony. A | 3 | | violation of
paragraph (a) or (b) involving placing or | 4 | | causing to be placed, or
allowing another to place or cause | 5 | | to place a recording device,
broadcast equipment, or | 6 | | electronic contraband on penal institution
property or | 7 | | within the proximity of penal institution property with
the | 8 | | intent to disrupt safety, security, or operations of the | 9 | | penal
institution is a Class 2 felony. A violation of | 10 | | paragraph (a) or (b) involving a weapon, tool to defeat | 11 | | security mechanisms, cutting tool, or electronic | 12 | | contraband is
a Class 1
felony. A violation of paragraph | 13 | | (a) or (b) involving a firearm, firearm ammunition, or | 14 | | explosive is a Class X
felony. | 15 | | (2) A violation of paragraph (c) of this Section | 16 | | involving alcoholic
liquor is a Class 3 felony. A violation | 17 | | of paragraph (c) involving cannabis
is a Class 1 felony. A | 18 | | violation of paragraph (c) involving any amount of a
| 19 | | controlled substance classified in Schedules III, IV or V | 20 | | of Article II of the
Illinois Controlled Substances Act is | 21 | | a Class X felony. A violation of
paragraph (c)
involving | 22 | | any amount of a controlled substance classified in | 23 | | Schedules I or II
of Article II of the Illinois Controlled | 24 | | Substances Act is a Class X felony
for which
the minimum | 25 | | term of imprisonment shall be 8 years. A violation of | 26 | | paragraph
(c) involving a hypodermic syringe is a Class X |
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| 1 | | felony for which the minimum term of imprisonment shall be
| 2 | | 8 years. A violation of paragraph (c) involving a weapon, | 3 | | tool to defeat security mechanisms, cutting tool, or | 4 | | electronic contraband is a Class X felony for
which the | 5 | | minimum
term of imprisonment shall be 10 years. A violation | 6 | | of paragraph (c) involving
placing or causing to be placed, | 7 | | or allowing another to place or cause to
place a recording | 8 | | device, broadcast equipment, or electronic
contraband on | 9 | | penal institution property or within the proximity of
penal | 10 | | institution property with the intent to disrupt safety, | 11 | | security,
or operations of the penal institution is a Class | 12 | | 4 felony. A violation of paragraph (c) involving
a firearm, | 13 | | firearm ammunition, or explosive is a Class X felony for | 14 | | which the minimum term of imprisonment shall be
12 years. | 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.)
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INDEX
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Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/31A-0.1 | | | 4 | | 720 ILCS 5/31A-1.1 | from Ch. 38, par. 31A-1.1 | | 5 | | 720 ILCS 5/31A-1.2 | from Ch. 38, par. 31A-1.2 |
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