Full Text of SB2954 94th General Assembly
SB2954enr 94TH GENERAL ASSEMBLY
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| AN ACT in relation to 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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| Article 1. | 5 |
| Section 1-1. Findings; purpose; validation. | 6 |
| (a) The General Assembly finds and declares that: | 7 |
| (1) Public Act 88-669, effective November 29, 1994, | 8 |
| contained provisions amending the Criminal Code of 1961 and | 9 |
| the Unified Code of Corrections. Public Act 88-669 also | 10 |
| contained other provisions. | 11 |
| (2) The Illinois Supreme Court declared Public Act | 12 |
| 88-669 to be unconstitutional as a violation of the single | 13 |
| subject clause of the Illinois Constitution in People v. | 14 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 15 |
| (b) The purpose of this Article 1 is to re-enact the | 16 |
| provisions of the Criminal Code of 1961 and the Unified Code of | 17 |
| Corrections that were affected by Public Act 88-669 and to | 18 |
| minimize or prevent any problems concerning those provisions | 19 |
| that may arise from the unconstitutionality of Public Act | 20 |
| 88-669. This re-enactment is intended to remove any question as | 21 |
| to the validity and content of those provisions; it is not | 22 |
| intended to supersede any other Public Act that amends the | 23 |
| provisions re-enacted in this Article 1. The re-enacted | 24 |
| material is shown in this Article 1 as existing text (i.e., | 25 |
| without underscoring) and may include changes made by | 26 |
| subsequent amendments. | 27 |
| (c) The re-enactment of provisions of the Criminal Code of | 28 |
| 1961 and the Unified Code of Corrections by this Article 1 is | 29 |
| not intended, and shall not be construed, to impair any legal | 30 |
| argument concerning whether those provisions were | 31 |
| substantially re-enacted by any other Public Act. | 32 |
| (d) All otherwise lawful actions taken before the effective |
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| date of this Article 1 in reliance on or pursuant to the | 2 |
| provisions re-enacted by this Article 1, as those provisions | 3 |
| were set forth in Public Act 88-669 or as subsequently amended, | 4 |
| by any officer, employee, or agency of State government or by | 5 |
| any other person or entity, are hereby validated, except to the | 6 |
| extent prohibited under the Illinois or United States | 7 |
| Constitution. | 8 |
| (e) This Article 1 applies, without limitation, to actions | 9 |
| pending on or after the effective date of this Article 1, | 10 |
| except to the extent prohibited under the Illinois or United | 11 |
| States Constitution. | 12 |
| Section 1-5. The Criminal Code of 1961 is amended by | 13 |
| re-enacting Section 36-1 as follows:
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| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | 16 |
| with the knowledge
and consent of the owner in the commission | 17 |
| of, or in the attempt to commit as
defined in Section 8-4 of | 18 |
| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | 19 |
| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | 20 |
| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | 21 |
| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | 22 |
| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | 23 |
| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | 24 |
| (d) of Section
12-16 of this Code, or paragraph (a)(6) or | 25 |
| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | 26 |
| or 26 of the Cigarette Tax
Act if the vessel, vehicle or | 27 |
| aircraft contains more than 10 cartons of
such cigarettes; (c) | 28 |
| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | 29 |
| vessel, vehicle or aircraft contains more than 10 cartons of | 30 |
| such
cigarettes; (d) Section 44 of the Environmental Protection | 31 |
| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | 32 |
| offenses described in the
following provisions of the Illinois | 33 |
| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | 34 |
| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) |
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| an offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code; or (h) an offense described in | 3 |
| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| may be
seized and delivered forthwith to the sheriff of the | 5 |
| county of seizure.
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| Within 15 days after such delivery the sheriff shall give | 7 |
| notice of seizure
to each person according to the following | 8 |
| method: Upon each such person
whose right, title or interest is | 9 |
| of record in the office of the Secretary
of State, the | 10 |
| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any | 12 |
| other state
of the United States if such vessel, vehicle or | 13 |
| aircraft is required to be
so registered, as the case may be, | 14 |
| by mailing a copy of the notice by
certified mail to the | 15 |
| address as given upon the records of the Secretary of
State, | 16 |
| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United | 18 |
| States if
such vessel, vehicle or aircraft is required to be so | 19 |
| registered. Within
that 15 day period the sheriff shall also | 20 |
| notify the State's Attorney of
the county of seizure about the | 21 |
| seizure.
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| In addition, any mobile or portable equipment used in the | 23 |
| commission of an
act which is in violation of Section 7g of the | 24 |
| Metropolitan Water Reclamation
District Act shall be subject to | 25 |
| seizure and forfeiture under the same
procedures provided in | 26 |
| this Article for the seizure and forfeiture of vessels,
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| vehicles and aircraft, and any such equipment shall be deemed a | 28 |
| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual | 30 |
| from a vehicle with
the knowledge and consent of the owner of | 31 |
| the vehicle and with the intent to
cause death or great bodily | 32 |
| harm to that individual and as a result causes
death or great | 33 |
| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in | 35 |
| this Article for
the seizure and forfeiture of vehicles used in | 36 |
| violations of clauses (a), (b),
(c), or (d) of this Section.
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| If the spouse of the owner of a vehicle seized for
an | 2 |
| offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | 4 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | 5 |
| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | 6 |
| a showing
that the seized vehicle is the only source of | 7 |
| transportation and it is
determined that the financial hardship | 8 |
| to the family as a result of the seizure
outweighs the benefit | 9 |
| to the State from the seizure, the vehicle may be
forfeited to | 10 |
| the spouse or family member and the title to the vehicle shall | 11 |
| be
transferred to the spouse or family member who is properly | 12 |
| licensed and who
requires the use of the vehicle for employment | 13 |
| or family transportation
purposes. A written declaration of | 14 |
| forfeiture of a vehicle under this
Section shall be sufficient | 15 |
| cause for the title to be transferred to the spouse
or family | 16 |
| member. The provisions of this paragraph shall apply only to | 17 |
| one
forfeiture per vehicle. If the vehicle is the subject of a | 18 |
| subsequent
forfeiture proceeding by virtue of a subsequent | 19 |
| conviction of either spouse or
the family member, the spouse or | 20 |
| family member to whom the vehicle was
forfeited under the first | 21 |
| forfeiture proceeding may not utilize the
provisions of this | 22 |
| paragraph in another forfeiture proceeding. If the owner of
the | 23 |
| vehicle seized owns more than one vehicle,
the procedure set | 24 |
| out in this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the | 26 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 27 |
| seized and forfeited under this
Article.
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| (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)
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| Section 1-10. The Unified Code of Corrections is amended by | 30 |
| re-enacting Sections 3-7-6, 3-12-2, and 3-12-5 as follows:
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| (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
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| Sec. 3-7-6. Reimbursement for expenses.
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| (a) Responsibility of committed persons. For the purposes | 34 |
| of this
Section, "committed persons" mean those persons who |
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| through judicial
determination have been placed in the custody | 2 |
| of the Department on the basis of
a conviction as an adult. | 3 |
| Committed
persons shall be responsible to reimburse the
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| Department for the expenses incurred by their incarceration at | 5 |
| a rate to be
determined by the Department in accordance with | 6 |
| this Section.
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| (1) Committed persons shall fully cooperate with the | 8 |
| Department by
providing complete
financial information for | 9 |
| the purposes under this Section.
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| (2) The failure of a committed person to fully | 11 |
| cooperate as provided for
in
clauses (3)
and (4) of | 12 |
| subsection (a-5) shall be considered for purposes of a | 13 |
| parole
determination. Any committed person who willfully | 14 |
| refuses to cooperate with the
obligations set forth in this | 15 |
| Section may be subject to the loss of good
conduct credit
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| towards his or her sentence of up to 180 days.
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| (a-5) Assets information form.
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| (1) The Department shall develop a form, which shall be | 19 |
| used by the
Department
to
obtain information from all | 20 |
| committed persons regarding assets of the persons.
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| (2) In order to enable the Department to determine the | 22 |
| financial status of
the
committed
person, the form shall | 23 |
| provide for obtaining the age and marital status of a
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| committed
person, the number and ages of children of the | 25 |
| person, the number and ages of
other
dependents, the type | 26 |
| and value of real estate, the type and value of personal
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| property,
cash and bank accounts, the location of any lock | 28 |
| boxes, the type and value of
investments, pensions and | 29 |
| annuities and any other personalty of significant
cash
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| value, including but not limited to jewelry, art work and | 31 |
| collectables, and all
medical
or dental insurance policies | 32 |
| covering the committed person. The form may also
provide | 33 |
| for other information deemed pertinent by the Department in | 34 |
| the
investigation of a committed person's assets.
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| (3) Upon being developed, the form shall be submitted | 36 |
| to each committed
person
as of
the date the form is |
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| developed and to every committed person who thereafter is
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| sentenced to imprisonment under the jurisdiction of the | 3 |
| Department. The form
may
be resubmitted to a committed | 4 |
| person by the Department for purpose of
obtaining
current | 5 |
| information regarding the assets of the person.
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| (4) Every committed person shall complete the form or | 7 |
| provide for
completion
of the
form and the committed person | 8 |
| shall swear under oath or affirm that to the best
of his
or | 9 |
| her knowledge the information provided is complete and | 10 |
| accurate.
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| (b) Expenses. The rate at which sums to be charged for the | 12 |
| expenses
incurred by a committed person for his or her | 13 |
| confinement
shall be computed by
the Department as the average | 14 |
| per capita cost per day for all inmates of that
institution or | 15 |
| facility for that fiscal year. The average per capita cost per
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| day shall be computed by the Department based on the average | 17 |
| per capita cost
per day for the operation of that institution | 18 |
| or facility for the fiscal year
immediately preceding the | 19 |
| period of incarceration for which the rate is being
calculated. | 20 |
| The Department shall establish rules and regulations providing | 21 |
| for
the computation of the above costs, and shall determine the | 22 |
| average per capita
cost per day for each of its institutions or | 23 |
| facilities for each fiscal year.
The Department shall have the
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| power to modify its rules and regulations, so as to provide for | 25 |
| the most
accurate and most current average per capita cost per | 26 |
| day computation. Where
the committed person is placed in a | 27 |
| facility outside the
Department, the
Department may pay the | 28 |
| actual cost of services in that facility, and may
collect | 29 |
| reimbursement for the entire amount paid from the committed | 30 |
| person
receiving those services.
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| (c) Records. The records of the Department, including, but | 32 |
| not limited to,
those relating to: the average per capita cost | 33 |
| per day for a particular
institution or facility for a | 34 |
| particular year, and the calculation of the
average per capita | 35 |
| cost per day; the average daily population of a particular
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| Department correctional institution or facility for a |
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| particular year; the
specific placement of a particular | 2 |
| committed person in
various Department
correctional | 3 |
| institutions or facilities for various periods of time; and the
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| record of transactions of a particular committed person's
trust | 5 |
| account under
Section 3-4-3 of this Act; may be proved in any | 6 |
| legal proceeding, by a
reproduced copy thereof or by a computer | 7 |
| printout of Department records, under
the certificate of the | 8 |
| Director. If
reproduced copies are used, the Director must | 9 |
| certify that those are true and
exact copies of the records on | 10 |
| file with the Department. If computer
printouts of records of | 11 |
| the Department are offered as proof, the Director must
certify | 12 |
| that those computer printouts are true and exact | 13 |
| representations of
records properly entered into standard | 14 |
| electronic computing equipment, in the
regular course of the | 15 |
| Department's business, at or reasonably near the time of
the | 16 |
| occurrence of the facts recorded, from trustworthy and reliable
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| information. The reproduced copy or computer printout shall, | 18 |
| without further
proof, be admitted into evidence in any legal | 19 |
| proceeding, and shall be prima
facie correct and prima facie | 20 |
| evidence of the accuracy of the information
contained therein.
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| (d) Authority. The Director, or the Director's designee, | 22 |
| may, when he or
she knows or reasonably believes that a | 23 |
| committed person, or the estate of that
person, has assets | 24 |
| which may be used to satisfy all or part of a judgment
rendered | 25 |
| under this Act,
or when he or she knows or reasonably believes | 26 |
| that
a committed person is engaged in gang-related activity and | 27 |
| has a substantial sum of
money or other assets,
provide for the | 28 |
| forwarding to the Attorney General of a report on the
committed | 29 |
| person and that report shall contain a completed form under
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| subsection (a-5) together with all other information available | 31 |
| concerning the
assets of
the committed person and an estimate | 32 |
| of the total expenses for that committed
person, and
authorize | 33 |
| the Attorney General to institute
proceedings to require the
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| persons, or the estates of the persons, to reimburse the | 35 |
| Department for the
expenses incurred by their incarceration. | 36 |
| The Attorney General, upon
authorization of the Director, or |
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| the Director's designee, shall institute
actions on behalf of | 2 |
| the Department and pursue claims on the Department's
behalf in | 3 |
| probate and bankruptcy proceedings, to recover from committed | 4 |
| persons the expenses incurred by
their
confinement.
For | 5 |
| purposes of this subsection (d), "gang-related" activity
has | 6 |
| the meaning ascribed to it in Section 10 of the Illinois | 7 |
| Streetgang
Terrorism Omnibus Prevention Act.
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| (e) Scope and limitations.
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| (1) No action under this Section shall be initiated | 10 |
| more than 2 years
after the release or death of the | 11 |
| committed person in
question.
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| (2) The death of a convicted person, by execution or | 13 |
| otherwise, while
committed to a Department correctional | 14 |
| institution or facility shall not act as
a bar to any | 15 |
| action or proceeding under this Section.
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| (3) The assets of a committed person, for the purposes
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| of this Section,
shall
include any property, tangible or | 18 |
| intangible, real or personal, belonging to
or due to a | 19 |
| committed or formerly committed person including income or | 20 |
| payments
to the person from social security, worker's | 21 |
| compensation, veteran's
compensation, pension benefits, or | 22 |
| from any other source whatsoever and any
and all assets and | 23 |
| property of whatever character held in the name
of the | 24 |
| person, held for the benefit of the person, or payable or | 25 |
| otherwise
deliverable to the person. Any trust, or portion | 26 |
| of a trust, of which a
convicted person is a beneficiary, | 27 |
| shall be construed as an asset of the
person, to the extent | 28 |
| that benefits thereunder are required to be paid to the
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| person, or shall in fact be paid to the person.
At the time | 30 |
| of a legal proceeding by the Attorney General under this | 31 |
| Section,
if it appears that the committed person has any | 32 |
| assets which ought to be
subjected to the claim of the | 33 |
| Department under this Section, the court may
issue an order | 34 |
| requiring any person, corporation, or other legal entity
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| possessed or having custody of those assets to appropriate | 36 |
| any of the assets
or a portion thereof toward reimbursing |
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| the Department as provided for under
this Section.
No | 2 |
| provision of this Section
shall be construed in violation | 3 |
| of any State or federal limitation on the
collection of | 4 |
| money judgments.
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| (4) Nothing in this Section shall preclude the | 6 |
| Department from applying
federal benefits that are | 7 |
| specifically provided for the care and treatment of
a | 8 |
| committed person toward the cost of care provided by a
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| State facility or
private agency.
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| (Source: P.A. 92-564, eff. 1-1-03.)
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| (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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| Sec. 3-12-2. Types of employment.
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| (a) The Department may establish, maintain, train and | 14 |
| employ committed
persons in industries for the production of | 15 |
| articles, materials or supplies for
resale to authorized | 16 |
| purchasers. It may also employ committed persons on public
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| works, buildings and property, the conservation of natural | 18 |
| resources of the
State, anti-pollution or environmental | 19 |
| control projects, or for other public
purposes, for the | 20 |
| maintenance of the Department's buildings and properties and
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| for the production of food or other necessities for its | 22 |
| programs. The
Department may establish, maintain and employ | 23 |
| committed persons in the
production of vehicle registration | 24 |
| plates. A committed person's labor shall
not be sold, | 25 |
| contracted or hired out by the Department except under this
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| Article and under Section 3-9-2.
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| (b) Works of art, literature, handicraft or other items | 28 |
| produced by
committed persons as an avocation and not as a | 29 |
| product of a work program of the
Department may be sold to the | 30 |
| public under rules and regulations established by
the | 31 |
| Department. The cost of selling such products may be deducted | 32 |
| from the
proceeds, and the balance shall be credited to the | 33 |
| person's account under
Section 3-4-3. The Department shall | 34 |
| notify the Attorney General of the
existence of any proceeds | 35 |
| which it believes should be applied towards a
satisfaction, in |
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| whole or in part, of the person's incarceration costs.
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| (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
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| (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
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| Sec. 3-12-5. Compensation. Persons performing a work | 5 |
| assignment under
subsection (a) of Section 3-12-2 may receive | 6 |
| wages under rules and regulations
of the Department. In | 7 |
| determining rates of compensation, the Department shall
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| consider the effort, skill and economic value of the work | 9 |
| performed.
Compensation may be given to persons who participate | 10 |
| in other programs of the
Department. Of the compensation earned | 11 |
| pursuant to this Section, a portion, as
determined by the | 12 |
| Department, shall be used to offset the cost of the committed
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| person's incarceration. If the committed person files a lawsuit | 14 |
| determined
frivolous
under Article XXII of the Code of Civil | 15 |
| Procedure, 50% of the
compensation shall be used to offset the | 16 |
| filing fees and costs of the lawsuit
as provided in
that | 17 |
| Article until all fees and costs are paid in full. All other | 18 |
| wages shall
be deposited in the individual's
account under | 19 |
| rules and regulations of the Department. The Department shall
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| notify the Attorney General of any compensation applied towards | 21 |
| a satisfaction,
in whole or in part, of the person's | 22 |
| incarceration costs.
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| (Source: P.A. 90-505, eff. 8-19-97.)
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| Article 2. | 25 |
| Section 2-1. Findings; purpose. | 26 |
| (a) The General Assembly finds and declares that:
| 27 |
| (1) Public Act 89-688, effective June 1, 1997, | 28 |
| contained provisions
amending Sections 31A-1.1 and 31A-1.2 | 29 |
| of the Criminal Code of 1961
relating to bringing | 30 |
| contraband into a penal institution; possessing
contraband | 31 |
| in a penal institution; and unauthorized bringing of | 32 |
| contraband
into a penal institution by an employee. Public | 33 |
| Act 89-688 also contained
other provisions.
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| (2) On October 20, 2000, in People v. Jerry Lee Foster, | 2 |
| 316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth | 3 |
| District, ruled that Public Act
89-688 violates the single | 4 |
| subject clause of the Illinois Constitution (Article
IV, | 5 |
| Section 8 (d)) and is therefore unconstitutional in its | 6 |
| entirety.
The Illinois Supreme Court agreed with the | 7 |
| reasoning of that court in People v. Burdunice, 211 Ill. 2d | 8 |
| 264 (2004). | 9 |
| (3) The provisions added to Sections 31A-1.1 and | 10 |
| 31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 | 11 |
| are of vital concern to the
people of this State. Prompt | 12 |
| legislative action concerning those provisions is
| 13 |
| necessary.
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| (4) Section 31A-1.1 of the Criminal Code of 1961 has | 15 |
| subsequently
been amended by Public Act 94-556. Section | 16 |
| 31A-1.2 of the Criminal Code of 1961 has subsequently
been | 17 |
| amended by Public Acts 90-655, 91-357, and 94-556.
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| (b) It is the purpose of this Article 2 to re-enact | 19 |
| Sections 31A-1.1 and 31A-1.2
of the Criminal Code of 1961, | 20 |
| including the provisions added by Public
Act 89-688 and the | 21 |
| subsequent amendment to Section 31A-1.1 by Public Act 94-556 | 22 |
| and subsequent amendments to Section 31A-1.2 by Public Acts | 23 |
| 90-655, 91-357, and 94-556. This re-enactment is intended to | 24 |
| remove any question as to the
validity or content of those | 25 |
| provisions; it is not intended to supersede any
other Public | 26 |
| Act that amends the text of the Sections as set forth in this | 27 |
| Article 2.
The re-enacted material is shown in this Article 2 | 28 |
| as existing text (i.e., without
underscoring).
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| Section 2-5. The Criminal Code of 1961 is amended by | 30 |
| re-enacting Sections 31A-1.1 and 31A-1.2 as follows:
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| (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
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| Sec. 31A-1.1. Bringing Contraband into a Penal | 33 |
| Institution;
Possessing Contraband in a Penal Institution.
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| (a) A person commits the offense of bringing contraband |
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| 1 |
| into a penal
institution when he knowingly and without | 2 |
| authority of any person designated
or authorized to grant such | 3 |
| authority (1) brings an item of contraband into
a penal | 4 |
| institution or (2) causes another to bring an item of
| 5 |
| contraband into a penal institution or (3) places an item of
| 6 |
| contraband in such proximity to a penal institution as to give | 7 |
| an
inmate access to the contraband.
| 8 |
| (b) A person commits the offense of possessing contraband | 9 |
| in a
penal institution when he possesses contraband in a penal | 10 |
| institution,
regardless of the intent with which he possesses | 11 |
| it.
| 12 |
| (c) For the purposes of this Section, the words and phrases
| 13 |
| listed below shall be defined as follows:
| 14 |
| (1) "Penal institution" means any penitentiary, State | 15 |
| farm,
reformatory, prison, jail, house of correction, | 16 |
| police detention area,
half-way house or other institution | 17 |
| or place for the incarceration or
custody of persons under | 18 |
| sentence for offenses awaiting trial or sentence
for | 19 |
| offenses, under arrest for an offense, a violation of | 20 |
| probation, a
violation of parole, or a violation of | 21 |
| mandatory supervised release, or
awaiting a bail setting | 22 |
| hearing or preliminary hearing; provided that where
the | 23 |
| place for incarceration or custody is housed within another | 24 |
| public
building this Act shall not apply to that part of | 25 |
| such building unrelated
to the incarceration or custody of | 26 |
| persons.
| 27 |
| (2) "Item of contraband" means any of the following:
| 28 |
| (i) "Alcoholic liquor" as such term is defined in | 29 |
| Section 1-3.05 of the
Liquor Control Act of 1934.
| 30 |
| (ii) "Cannabis" as such term is defined in | 31 |
| subsection (a) of Section 3
of the Cannabis Control | 32 |
| Act.
| 33 |
| (iii) "Controlled substance" as such term is | 34 |
| defined in the Illinois
Controlled Substances Act.
| 35 |
| (iii-a) "Methamphetamine" as such term is defined | 36 |
| in the Illinois Controlled Substances Act or the |
|
|
|
SB2954 Enrolled |
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LRB094 19066 EFG 54568 b |
|
| 1 |
| Methamphetamine Control and Community Protection Act.
| 2 |
| (iv) "Hypodermic syringe" or hypodermic needle, or | 3 |
| any instrument
adapted for use of controlled | 4 |
| substances or cannabis by subcutaneous injection.
| 5 |
| (v) "Weapon" means any knife, dagger, dirk, billy, | 6 |
| razor, stiletto,
broken bottle, or other piece of glass | 7 |
| which could be used as a dangerous
weapon. Such term | 8 |
| includes any of the devices or implements designated in
| 9 |
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | 10 |
| of this
Act, or any other dangerous weapon or | 11 |
| instrument of like character.
| 12 |
| (vi) "Firearm" means any device, by whatever name | 13 |
| known, which is
designed to expel a projectile or | 14 |
| projectiles by the action of an
explosion, expansion of | 15 |
| gas or escape of gas, including but not limited to:
| 16 |
| (A) any pneumatic gun, spring gun, or B-B gun | 17 |
| which expels a single
globular projectile not | 18 |
| exceeding .18 inch in diameter, or;
| 19 |
| (B) any device used exclusively for signaling | 20 |
| or safety and required
as
recommended by the United | 21 |
| States Coast Guard or the Interstate Commerce
| 22 |
| Commission; or
| 23 |
| (C) any device used exclusively for the firing | 24 |
| of stud cartridges,
explosive rivets or industrial | 25 |
| ammunition; or
| 26 |
| (D) any device which is powered by electrical | 27 |
| charging units, such as
batteries, and which fires | 28 |
| one or several barbs attached to a length of
wire | 29 |
| and which, upon hitting a human, can send out | 30 |
| current capable of
disrupting the person's nervous | 31 |
| system in such a manner as to render him
incapable | 32 |
| of normal functioning, commonly referred to as a | 33 |
| stun gun or taser.
| 34 |
| (vii) "Firearm ammunition" means any | 35 |
| self-contained cartridge or shotgun
shell, by whatever | 36 |
| name known, which is designed to be used or adaptable |
|
|
|
SB2954 Enrolled |
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LRB094 19066 EFG 54568 b |
|
| 1 |
| to
use in a firearm, including but not limited to:
| 2 |
| (A) any ammunition exclusively designed for | 3 |
| use with a device used
exclusively for signaling or | 4 |
| safety and required or recommended by the
United | 5 |
| States Coast Guard or the Interstate Commerce | 6 |
| Commission; or
| 7 |
| (B) any ammunition designed exclusively for | 8 |
| use with a stud or rivet
driver or other similar | 9 |
| industrial ammunition.
| 10 |
| (viii) "Explosive" means, but is not limited to, | 11 |
| bomb, bombshell,
grenade, bottle or other container | 12 |
| containing an explosive substance of
over one-quarter | 13 |
| ounce for like purposes such as black powder bombs and
| 14 |
| Molotov cocktails or artillery projectiles.
| 15 |
| (ix) "Tool to defeat security mechanisms" means, | 16 |
| but is not limited to,
handcuff or security restraint | 17 |
| key, tool designed to pick locks, or device or
| 18 |
| instrument capable of unlocking handcuff or security | 19 |
| restraints, doors to
cells, rooms, gates or other areas | 20 |
| of the penal institution.
| 21 |
| (x) "Cutting tool" means, but is not limited to, | 22 |
| hacksaw blade,
wirecutter,
or device, instrument or | 23 |
| file capable of cutting through metal.
| 24 |
| (xi) "Electronic contraband" means, but is not | 25 |
| limited to, any
electronic, video recording device, | 26 |
| computer, or cellular communications
equipment, | 27 |
| including, but not
limited to, cellular telephones, | 28 |
| cellular telephone batteries, videotape
recorders, | 29 |
| pagers,
computers, and computer peripheral equipment | 30 |
| brought into or possessed in a
penal institution | 31 |
| without the written authorization of the Chief | 32 |
| Administrative
Officer.
| 33 |
| (d) Bringing alcoholic liquor into a penal institution is a | 34 |
| Class 4
felony. Possessing alcoholic liquor in a penal | 35 |
| institution is a Class 4
felony.
| 36 |
| (e) Bringing cannabis into a penal institution is a Class 3 |
|
|
|
SB2954 Enrolled |
- 15 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| felony.
Possessing cannabis in a penal institution is a Class 3 | 2 |
| felony.
| 3 |
| (f) Bringing any amount of a controlled substance | 4 |
| classified in
Schedules III, IV or V of Article II of the | 5 |
| Controlled Substance Act into a
penal institution is a Class 2 | 6 |
| felony. Possessing any amount of a
controlled substance | 7 |
| classified in Schedule III, IV, or V of Article II of
the | 8 |
| Controlled Substance Act in a penal institution is a Class 2 | 9 |
| felony.
| 10 |
| (g) Bringing any amount of a controlled substance | 11 |
| classified in
Schedules I or II of Article II of the Controlled | 12 |
| Substance Act into a
penal institution is a Class 1 felony. | 13 |
| Possessing any amount of a
controlled substance classified in | 14 |
| Schedules I or II of Article II of the
Controlled Substance Act | 15 |
| in a penal institution is a Class 1 felony.
| 16 |
| (h) Bringing an item of contraband listed in paragraph (iv) | 17 |
| of
subsection (c)(2) into a penal institution is a Class 1 | 18 |
| felony. Possessing
an item of contraband listed in paragraph | 19 |
| (iv) of subsection (c)(2) in a
penal institution is a Class 1 | 20 |
| felony.
| 21 |
| (i) Bringing an item of contraband listed in paragraph (v), | 22 |
| (ix),
(x), or (xi)
of subsection
(c)(2) into a penal | 23 |
| institution is a Class 1 felony. Possessing an item of
| 24 |
| contraband listed in paragraph (v), (ix), (x), or (xi) of
| 25 |
| subsection (c)(2) in a
penal
institution is a Class 1 felony.
| 26 |
| (j) Bringing an item of contraband listed in paragraphs | 27 |
| (vi), (vii) or
(viii) of subsection (c)(2) in a penal | 28 |
| institution is a Class X felony.
Possessing an item of | 29 |
| contraband listed in paragraphs (vi), (vii), or
(viii) of | 30 |
| subsection (c)(2) in a penal institution is a Class X felony.
| 31 |
| (k) It shall be an affirmative defense to subsection
(b) | 32 |
| hereof, that
such possession was specifically authorized by | 33 |
| rule, regulation, or
directive of the governing authority of | 34 |
| the penal institution or order
issued pursuant thereto.
| 35 |
| (l) It shall be an affirmative defense to subsection (a)(1) | 36 |
| and
subsection (b) hereof that the person bringing into or |
|
|
|
SB2954 Enrolled |
- 16 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| possessing
contraband in a penal institution had been arrested, | 2 |
| and that that person
possessed such contraband at the time of | 3 |
| his
arrest, and that such contraband was brought into or | 4 |
| possessed in the penal
institution by that person as a direct | 5 |
| and immediate result of his arrest.
| 6 |
| (m) Items confiscated may be retained for use by the | 7 |
| Department of
Corrections or disposed of as deemed appropriate | 8 |
| by the Chief Administrative
Officer in accordance with | 9 |
| Department rules or disposed of as required by
law.
| 10 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 11 |
| (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
| 12 |
| Sec. 31A-1.2. Unauthorized bringing of contraband into a | 13 |
| penal institution
by an employee; unauthorized possessing of | 14 |
| contraband in a penal institution by
an employee; unauthorized | 15 |
| delivery of contraband in a penal institution by an
employee.
| 16 |
| (a) A person commits the offense of unauthorized bringing | 17 |
| of contraband into
a penal institution by an employee when a | 18 |
| person who is an employee knowingly
and without authority or | 19 |
| any person designated or authorized to grant such
authority:
| 20 |
| (1) brings or attempts to bring an item of contraband | 21 |
| listed in paragraphs
(i) through (iv) of subsection (d)(4) | 22 |
| into a penal institution, or
| 23 |
| (2) causes or permits another to bring an item of | 24 |
| contraband listed in
paragraphs (i) through (iv) of | 25 |
| subsection (d)(4) into a penal
institution.
| 26 |
| (b) A person commits the offense of unauthorized possession | 27 |
| of contraband in
a penal institution by an employee when a | 28 |
| person who is an employee knowingly
and without authority of | 29 |
| any person designated or authorized to grant such
authority | 30 |
| possesses contraband listed in paragraphs (i) through (iv) of
| 31 |
| subsection (d)(4) in a penal institution, regardless of the | 32 |
| intent with which
he possesses it.
| 33 |
| (c) A person commits the offense of unauthorized delivery | 34 |
| of contraband
in a penal institution by an employee when a | 35 |
| person who is an employee
knowingly and without authority of |
|
|
|
SB2954 Enrolled |
- 17 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| any person designated or authorized to grant
such authority:
| 2 |
| (1) delivers or possesses with intent to deliver an | 3 |
| item of contraband
to any inmate of a penal institution, or
| 4 |
| (2) conspires to deliver or solicits the delivery of an | 5 |
| item of
contraband to any inmate of a penal institution, or
| 6 |
| (3) causes or permits the delivery of an item of | 7 |
| contraband to any
inmate of a penal institution, or
| 8 |
| (4) permits another person to attempt to deliver an | 9 |
| item of contraband to
any inmate of a penal institution.
| 10 |
| (d) For purpose of this Section, the words and phrases | 11 |
| listed below
shall be defined as follows:
| 12 |
| (1) "Penal Institution" shall have the meaning | 13 |
| ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | 14 |
| this Code;
| 15 |
| (2) "Employee" means any elected or appointed officer, | 16 |
| trustee or
employee of a penal institution or of the | 17 |
| governing authority of the penal
institution, or any person | 18 |
| who performs services for the penal institution
pursuant to | 19 |
| contract with the penal institution or its governing
| 20 |
| authority.
| 21 |
| (3) "Deliver" or "delivery" means the actual, | 22 |
| constructive or attempted
transfer of possession of an item | 23 |
| of contraband, with or without consideration,
whether or | 24 |
| not there is an agency relationship;
| 25 |
| (4) "Item of contraband" means any of the following:
| 26 |
| (i) "Alcoholic liquor" as such term is defined in | 27 |
| Section 1-3.05 of the
Liquor Control Act of 1934.
| 28 |
| (ii) "Cannabis" as such term is defined in | 29 |
| subsection (a) of
Section 3 of the Cannabis Control | 30 |
| Act.
| 31 |
| (iii) "Controlled substance" as such term is | 32 |
| defined in the Illinois
Controlled Substances Act.
| 33 |
| (iii-a) "Methamphetamine" as such term is defined | 34 |
| in the Illinois Controlled Substances Act or the | 35 |
| Methamphetamine Control and Community Protection Act.
| 36 |
| (iv) "Hypodermic syringe" or hypodermic needle, or |
|
|
|
SB2954 Enrolled |
- 18 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| any instrument
adapted for use of controlled | 2 |
| substances or cannabis by subcutaneous injection.
| 3 |
| (v) "Weapon" means any knife, dagger, dirk, billy, | 4 |
| razor, stiletto,
broken bottle, or other piece of glass | 5 |
| which could be used as a dangerous
weapon. Such term | 6 |
| includes any of the devices or implements designated in
| 7 |
| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | 8 |
| of this Act, or any
other dangerous weapon or | 9 |
| instrument of like character.
| 10 |
| (vi) "Firearm" means any device, by whatever name | 11 |
| known, which is
designed to expel a projectile or | 12 |
| projectiles by the action of an explosion,
expansion of | 13 |
| gas or escape of gas, including but not limited to:
| 14 |
| (A) any pneumatic gun, spring gun, or B-B gun | 15 |
| which expels a single
globular projectile not | 16 |
| exceeding .18 inch in diameter; or
| 17 |
| (B) any device used exclusively for signaling | 18 |
| or safety and required
or recommended by the United | 19 |
| States Coast Guard or the Interstate Commerce
| 20 |
| Commission; or
| 21 |
| (C) any device used exclusively for the firing | 22 |
| of stud cartridges,
explosive rivets or industrial | 23 |
| ammunition; or
| 24 |
| (D) any device which is powered by electrical | 25 |
| charging units, such as
batteries, and which fires | 26 |
| one or several barbs attached to a length of
wire | 27 |
| and which, upon hitting a human, can send out | 28 |
| current capable of
disrupting the person's nervous | 29 |
| system in such a manner as to render him
incapable | 30 |
| of normal functioning, commonly referred to as a | 31 |
| stun gun or taser.
| 32 |
| (vii) "Firearm ammunition" means any | 33 |
| self-contained cartridge or shotgun
shell, by whatever | 34 |
| name known, which is designed to be used or adaptable | 35 |
| to
use in a firearm, including but not limited to:
| 36 |
| (A) any ammunition exclusively designed for |
|
|
|
SB2954 Enrolled |
- 19 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| use with a device used
exclusively for signaling or | 2 |
| safety and required or recommended by the
United | 3 |
| States Coast Guard or the Interstate Commerce | 4 |
| Commission; or
| 5 |
| (B) any ammunition designed exclusively for | 6 |
| use with a stud or rivet
driver or other similar | 7 |
| industrial ammunition.
| 8 |
| (viii) "Explosive" means, but is not limited to, | 9 |
| bomb, bombshell,
grenade, bottle or other container | 10 |
| containing an explosive substance of
over one-quarter | 11 |
| ounce for like purposes such as black powder bombs and
| 12 |
| Molotov cocktails or artillery projectiles.
| 13 |
| (ix) "Tool to defeat security mechanisms" means, | 14 |
| but is not limited
to,
handcuff or security restraint | 15 |
| key, tool designed to pick locks, or device or
| 16 |
| instrument capable of unlocking handcuff or security | 17 |
| restraints, doors to
cells, rooms, gates or other areas | 18 |
| of the penal institution.
| 19 |
| (x) "Cutting tool" means, but is not limited to, | 20 |
| hacksaw blade,
wirecutter, or device, instrument or | 21 |
| file capable of cutting through metal.
| 22 |
| (xi) "Electronic contraband" means, but is not | 23 |
| limited to, any
electronic, video recording device, | 24 |
| computer, or cellular communications
equipment, | 25 |
| including, but not
limited to, cellular telephones, | 26 |
| cellular telephone batteries, videotape
recorders, | 27 |
| pagers,
computers, and computer peripheral equipment.
| 28 |
| (e) A violation of paragraphs (a) or (b) of this Section | 29 |
| involving alcohol
is a Class 4 felony. A violation of paragraph | 30 |
| (a) or (b) of this Section
involving cannabis is a Class 2 | 31 |
| felony. A violation of paragraph (a) or (b)
involving any | 32 |
| amount of a controlled substance classified in Schedules III, | 33 |
| IV
or V of Article II of the Illinois Controlled Substances Act | 34 |
| is a Class 1
felony. A
violation of paragraph (a) or (b) of | 35 |
| this Section involving any amount of a
controlled substance | 36 |
| classified in Schedules I or II of Article II of the
Illinois |
|
|
|
SB2954 Enrolled |
- 20 - |
LRB094 19066 EFG 54568 b |
|
| 1 |
| Controlled Substances Act is a Class X felony. A violation of
| 2 |
| paragraph (a) or
(b) involving an item of contraband listed in | 3 |
| paragraph (iv) of subsection
(d)(4) is a Class X felony. A | 4 |
| violation of paragraph (a) or (b) involving an
item of | 5 |
| contraband listed in paragraph (v) or (xi) of subsection (d)(4) | 6 |
| is
a Class 1
felony. A violation of paragraph (a) or (b) | 7 |
| involving an item of contraband
listed in paragraphs (vi), | 8 |
| (vii) or (viii) of subsection (d)(4) is a Class X
felony.
| 9 |
| (f) A violation of paragraph (c) of this Section involving | 10 |
| alcoholic
liquor is a Class 3 felony. A violation of paragraph | 11 |
| (c) involving cannabis
is a Class 1 felony. A violation of | 12 |
| paragraph (c) involving any amount of a
controlled substance | 13 |
| classified in Schedules III, IV or V of Article II of the
| 14 |
| Illinois Controlled Substances Act is a Class X felony. A | 15 |
| violation of
paragraph (c)
involving any amount of a controlled | 16 |
| substance classified in Schedules I or II
of Article II of the | 17 |
| Illinois Controlled Substances Act is a Class X felony
for | 18 |
| which
the minimum term of imprisonment shall be 8 years. A | 19 |
| violation of paragraph
(c) involving an item of contraband | 20 |
| listed in paragraph (iv) of subsection
(d)(4) is a Class X | 21 |
| felony for which the minimum term of imprisonment shall be
8 | 22 |
| years. A violation of paragraph (c) involving an item of | 23 |
| contraband listed
in paragraph (v), (ix) or (x) of subsection | 24 |
| (d)(4) is a Class X felony for
which the minimum
term of | 25 |
| imprisonment shall be 10 years. A violation of paragraph (c) | 26 |
| involving
an item of contraband listed in paragraphs (vi), | 27 |
| (vii) or (viii) of subsection
(d)(4) is a Class X felony for | 28 |
| which the minimum term of imprisonment shall be
12 years.
| 29 |
| (g) Items confiscated may be retained for use by the | 30 |
| Department of
Corrections or disposed of as deemed appropriate | 31 |
| by the Chief Administrative
Officer in accordance with | 32 |
| Department rules or disposed of as required by
law.
| 33 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 34 |
| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
|
|