Full Text of HB3901 100th General Assembly
HB3901 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3901 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/31A-0.1 | | 720 ILCS 5/31A-1.3 new | |
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Amends the Criminal Code of 2012. Creates the offense of unlawful communication with an inmate of a penal institution. Providers that a person commits the offense when he or she knowingly and without authority of any person designated or authorized to grant this authority communicates with an inmate of a penal institution by means of an unlicensed radio communication. Provides that a violation is a Class 1 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 | | Section 31A-0.1 and by adding Section 31A-1.3 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 | | (ii) "Cannabis" as that term is defined in subsection | 22 | | (a) of Section 3
of the Cannabis Control Act. | 23 | | (iii) "Controlled substance" as that term is defined in |
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| 1 | | the Illinois
Controlled Substances Act. | 2 | | (iii-a) "Methamphetamine" as that term is defined in | 3 | | the Illinois Controlled Substances Act or the | 4 | | Methamphetamine Control and Community Protection Act. | 5 | | (iv) "Hypodermic syringe" or hypodermic needle, or any | 6 | | instrument
adapted for use of controlled substances or | 7 | | cannabis by subcutaneous injection. | 8 | | (v) "Weapon" means any knife, dagger, dirk, billy, | 9 | | razor, stiletto,
broken bottle, or other piece of glass | 10 | | which could be used as a dangerous
weapon. This term | 11 | | includes any of the devices or implements designated in
| 12 | | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | 13 | | this
Code, or any other dangerous weapon or instrument of | 14 | | like character. | 15 | | (vi) "Firearm" means any device, by whatever name | 16 | | known, which is
designed to expel a projectile or | 17 | | projectiles by the action of an
explosion, expansion of gas | 18 | | or escape of gas, including but not limited to: | 19 | | (A) any pneumatic gun, spring gun, or B-B gun which | 20 | | expels a single
globular projectile not exceeding .18 | 21 | | inch in diameter; or | 22 | | (B) any device used exclusively for signaling or | 23 | | safety and required
as
recommended by the United States | 24 | | Coast Guard or the Interstate Commerce
Commission; or | 25 | | (C) any device used exclusively for the firing of | 26 | | stud cartridges,
explosive rivets or industrial |
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| 1 | | ammunition; or | 2 | | (D) any device which is powered by electrical | 3 | | charging units, such as
batteries, and which fires one | 4 | | or several barbs attached to a length of
wire and | 5 | | which, upon hitting a human, can send out current | 6 | | capable of
disrupting the person's nervous system in | 7 | | such a manner as to render him or her incapable of | 8 | | normal functioning, commonly referred to as a stun gun | 9 | | or taser. | 10 | | (vii) "Firearm ammunition" means any self-contained | 11 | | cartridge or shotgun
shell, by whatever name known, which | 12 | | is designed to be used or adaptable to
use in a firearm, | 13 | | including but not limited to: | 14 | | (A) any ammunition exclusively designed for use | 15 | | with a device used
exclusively for signaling or safety | 16 | | and required or recommended by the
United States Coast | 17 | | Guard or the Interstate Commerce Commission; or | 18 | | (B) any ammunition designed exclusively for use | 19 | | with a stud or rivet
driver or other similar industrial | 20 | | ammunition. | 21 | | (viii) "Explosive" means, but is not limited to, bomb, | 22 | | bombshell,
grenade, bottle or other container containing | 23 | | an explosive substance of
over one-quarter ounce for like | 24 | | purposes such as black powder bombs and
Molotov cocktails | 25 | | or artillery projectiles. | 26 | | (ix) "Tool to defeat security mechanisms" means, but is |
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| 1 | | not limited to,
handcuff or security restraint key, tool | 2 | | designed to pick locks, popper, or any device or
instrument | 3 | | used to or capable of unlocking or preventing from locking | 4 | | any handcuff or security restraints, doors to
cells, rooms, | 5 | | gates or other areas of the penal institution. | 6 | | (x) "Cutting tool" means, but is not limited to, | 7 | | hacksaw blade,
wirecutter,
or device, instrument or file | 8 | | capable of cutting through metal. | 9 | | (xi) "Electronic contraband" for the purposes of | 10 | | Section 31A-1.1 of this Article means, but is not limited | 11 | | to, any
electronic, video recording device, computer, or | 12 | | cellular communications
equipment, including, but not
| 13 | | limited to, cellular telephones, cellular telephone | 14 | | batteries, videotape
recorders, pagers,
computers, and | 15 | | computer peripheral equipment brought into or possessed in | 16 | | a
penal institution without the written authorization of | 17 | | the Chief Administrative
Officer. "Electronic contraband" | 18 | | for the purposes of Section 31A-1.2 of this Article, means, | 19 | | but is not limited to, any
electronic, video recording | 20 | | device, computer, or cellular communications
equipment, | 21 | | including, but not
limited to, cellular telephones, | 22 | | cellular telephone batteries, videotape
recorders, pagers,
| 23 | | computers, and computer peripheral equipment. | 24 | | "Penal institution" means any penitentiary, State farm,
| 25 | | reformatory, prison, jail, house of correction, police | 26 | | detention area,
half-way house or other institution or place |
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| 1 | | for the incarceration or
custody of persons under sentence for | 2 | | offenses awaiting trial or sentence
for offenses, under arrest | 3 | | for an offense, a violation of probation, a
violation of | 4 | | parole, a violation of aftercare release, or a violation of | 5 | | mandatory supervised release, or
awaiting a bail setting | 6 | | hearing or preliminary hearing; provided that where
the place | 7 | | for incarceration or custody is housed within another public
| 8 | | building this Article shall not apply to that part of the | 9 | | building unrelated
to the incarceration or custody of persons.
| 10 | | "Radio communication" means the transmission by radio of | 11 | | writing, signs, signals, pictures, and sounds of all kinds, | 12 | | including all instrumentalities, facilities, apparatus, and | 13 | | services (among other things, the receipt, forwarding, and | 14 | | delivery of communications) incidental to that transmission. | 15 | | "Radio station" means a station equipped to engage in radio | 16 | | communication or radio transmission of energy. | 17 | | "Unlicensed radio communication" means a radio | 18 | | communication by a radio station that does not have a current | 19 | | license issued by the Federal Communications Commission. | 20 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.) | 21 | | (720 ILCS 5/31A-1.3 new) | 22 | | Sec. 31A-1.3. Unlawful communication with an inmate of a | 23 | | penal institution. | 24 | | (a) A person commits unlawful communication with an inmate | 25 | | of a penal institution when he or she knowingly and without |
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| 1 | | authority of any person designated or authorized to grant this | 2 | | authority communicates with an inmate of a penal institution by | 3 | | means of an unlicensed radio communication. | 4 | | (b) Sentence. Unlawful communication with an inmate of a | 5 | | penal institution is a Class 1 felony.
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