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| [ House Amendment 001 ] |
90_HB2124
720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
Amends the Criminal Code of 1961. Provides that
cigarettes and tobacco products are contraband items that
cannot be brought into or possessed in a prison or
penitentiary. Provides that violation is a Class 4 felony.
Provides that delivery of contraband cigarettes or tobacco
products to an inmate by an employee of the penal institution
is a Class 3 felony. Establishes exemption for prisoners
performing duties in correctional industries programs.
LRB9004693RCpcA
LRB9004693RCpcA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 31A-1.1 and 31A-1.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 31A-1.1 and 31A-1.2 as follows:
7 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
8 (Text of Section before amendment by P.A. 89-688)
9 Sec. 31A-1.1. Bringing Contraband into a Penal
10 Institution; Possessing Contraband in a Penal Institution.
11 (a) A person commits the offense of bringing contraband
12 into a penal institution when he knowingly and without
13 authority of any person designated or authorized to grant
14 such authority (1) brings an item of contraband into a penal
15 institution or (2) causes another to bring an item of
16 contraband into a penal institution or (3) places an item of
17 contraband in such proximity to a penal institution as to
18 give an inmate access to the contraband.
19 (b) A person commits the offense of possessing
20 contraband in a penal institution when he possesses
21 contraband in a penal institution, regardless of the intent
22 with which he possesses it.
23 (c) For the purposes of this Section, the words and
24 phrases listed below shall be defined as follows:
25 (1) "Penal institution" means any penitentiary,
26 State farm, reformatory, prison, jail, house of
27 correction, police detention area, half-way house or
28 other institution or place for the incarceration or
29 custody of persons under sentence for offenses awaiting
30 trial or sentence for offenses, under arrest for an
31 offense, a violation of probation, a violation of parole,
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1 or a violation of mandatory supervised release, or
2 awaiting a bail setting hearing or preliminary hearing;
3 provided that where the place for incarceration or
4 custody is housed within another public building this Act
5 shall not apply to that part of such building unrelated
6 to the incarceration or custody of persons.
7 (2) "Item of contraband" means any of the
8 following:
9 (i) "Alcoholic liquor" as such term is defined
10 in Section 1-3.05 of The Liquor Control Act of 1934
11 as such Act may be now or hereafter amended.
12 (ii) "Cannabis" as such term is defined in
13 subsection (a) of Section 3 of the "Cannabis Control
14 Act", approved August 16, 1971, as now or hereafter
15 amended.
16 (iii) "Controlled substance" as such term is
17 defined in the "Illinois Controlled Substances Act",
18 approved August 16, 1971, as now or hereafter
19 amended.
20 (iv) "Hypodermic syringe" or hypodermic
21 needle, or any instrument adapted for use of
22 controlled substances or cannabis by subcutaneous
23 injection.
24 (v) "Weapon" means any knife, dagger, dirk,
25 billy, razor, stiletto, broken bottle, or other
26 piece of glass which could be used as a dangerous
27 weapon. Such term includes any of the devices or
28 implements designated in subsections (a)(1), (a)(3)
29 and (a)(6) of Section 24-1 of this Act, or any other
30 dangerous weapon or instrument of like character.
31 (vi) "Firearm" means any device, by whatever
32 name known, which is designed to expel a projectile
33 or projectiles by the action of an explosion,
34 expansion of gas or escape of gas, including but not
-3- LRB9004693RCpcA
1 limited to:
2 (A) any pneumatic gun, spring gun, or B-B
3 gun which expels a single globular projectile
4 not exceeding .18 inch in diameter, or;
5 (B) any device used exclusively for
6 signaling or safety and required as recommended
7 by the United States Coast Guard or the
8 Interstate Commerce Commission; or
9 (C) any device used exclusively for the
10 firing of stud cartridges, explosive rivets or
11 industrial ammunition; or
12 (D) any device which is powered by
13 electrical charging units, such as batteries,
14 and which fires one or several barbs attached
15 to a length of wire and which, upon hitting a
16 human, can send out current capable of
17 disrupting the person's nervous system in such
18 a manner as to render him incapable of normal
19 functioning, commonly referred to as a stun gun
20 or taser.
21 (vii) "Firearm ammunition" means any
22 self-contained cartridge or shotgun shell, by
23 whatever name known, which is designed to be used or
24 adaptable to use in a firearm, including but not
25 limited to:
26 (A) any ammunition exclusively designed
27 for use with a device used exclusively for
28 signaling or safety and required or recommended
29 by the United States Coast Guard or the
30 Interstate Commerce Commission; or
31 (B) any ammunition designed exclusively
32 for use with a stud or rivet driver or other
33 similar industrial ammunition.
34 (viii) "Explosive" means, but is not limited
-4- LRB9004693RCpcA
1 to, bomb, bombshell, grenade, bottle or other
2 container containing an explosive substance of over
3 one-quarter ounce for like purposes such as black
4 powder bombs and Molotov cocktails or artillery
5 projectiles.
6 (ix) "Tool to defeat security mechanisms"
7 means, but is not limited to, handcuff or security
8 restraint key, tool designed to pick locks, or
9 device or instrument capable of unlocking handcuff
10 or security restraints, doors to cells, rooms, gates
11 or other areas of the penal institution.
12 (x) "Cutting tool" means, but is not limited
13 to, hacksaw blade, wirecutter, or device, instrument
14 or file capable of cutting through metal.
15 (d) Bringing alcoholic liquor into a penal institution
16 is a Class 4 felony. Possessing alcoholic liquor in a penal
17 institution is a Class 4 felony.
18 (e) Bringing cannabis into a penal institution is a
19 Class 3 felony. Possessing cannabis in a penal institution
20 is a Class 3 felony.
21 (f) Bringing any amount of a controlled substance
22 classified in Schedules III, IV or V of Article II of the
23 Controlled Substance Act into a penal institution is a Class
24 2 felony. Possessing any amount of a controlled substance
25 classified in Schedule III, IV, or V of Article II of the
26 Controlled Substance Act in a penal institution is a Class 2
27 felony.
28 (g) Bringing any amount of a controlled substance
29 classified in Schedules I or II of Article II of the
30 Controlled Substance Act into a penal institution is a Class
31 1 felony. Possessing any amount of a controlled substance
32 classified in Schedules I or II of Article II of the
33 Controlled Substance Act in a penal institution is a Class 1
34 felony.
-5- LRB9004693RCpcA
1 (h) Bringing an item of contraband listed in paragraph
2 (iv) of subsection (c)(2) into a penal institution is a Class
3 1 felony. Possessing an item of contraband listed in
4 paragraph (iv) of subsection (c)(2) in a penal institution is
5 a Class 1 felony.
6 (i) Bringing an item of contraband listed in paragraph
7 (v), (ix) or (x) of subsection (c)(2) into a penal
8 institution is a Class 1 felony. Possessing an item of
9 contraband listed in paragraph (v), (ix) or (x) of subsection
10 (c)(2) in a penal institution is a Class 1 felony.
11 (j) Bringing an item of contraband listed in paragraphs
12 (vi), (vii) or (viii) of subsection (c)(2) in a penal
13 institution is a Class X felony. Possessing an item of
14 contraband listed in paragraphs (vi), (vii), or (viii) of
15 subsection (c)(2) in a penal institution is a Class X felony.
16 (k) It shall be an affirmative defense to subsection (b)
17 hereof, that such possession was specifically authorized by
18 rule, regulation, or directive of the governing authority of
19 the penal institution or order issued pursuant thereto.
20 (l) It shall be an affirmative defense to subsection
21 (a)(1) and subsection (b) hereof that the person bringing
22 into or possessing contraband in a penal institution had been
23 arrested, and that that person possessed such contraband at
24 the time of his arrest, and that such contraband was brought
25 into or possessed in the penal institution by that person as
26 a direct and immediate result of his arrest.
27 (Source: P.A. 88-678, eff. 7-1-95.)
28 (Text of Section after amendment by P.A. 89-688)
29 Sec. 31A-1.1. Bringing Contraband into a Penal
30 Institution; Possessing Contraband in a Penal Institution.
31 (a) A person commits the offense of bringing contraband
32 into a penal institution when he knowingly and without
33 authority of any person designated or authorized to grant
34 such authority (1) brings an item of contraband into a penal
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1 institution or (2) causes another to bring an item of
2 contraband into a penal institution or (3) places an item of
3 contraband in such proximity to a penal institution as to
4 give an inmate access to the contraband.
5 (b) A person commits the offense of possessing
6 contraband in a penal institution when he possesses
7 contraband in a penal institution, regardless of the intent
8 with which he possesses it.
9 (c) For the purposes of this Section, the words and
10 phrases listed below shall be defined as follows:
11 (1) "Penal institution" means any penitentiary,
12 State farm, reformatory, prison, jail, house of
13 correction, police detention area, half-way house or
14 other institution or place for the incarceration or
15 custody of persons under sentence for offenses awaiting
16 trial or sentence for offenses, under arrest for an
17 offense, a violation of probation, a violation of parole,
18 or a violation of mandatory supervised release, or
19 awaiting a bail setting hearing or preliminary hearing;
20 provided that where the place for incarceration or
21 custody is housed within another public building this Act
22 shall not apply to that part of such building unrelated
23 to the incarceration or custody of persons.
24 (2) "Item of contraband" means any of the
25 following:
26 (i) "Alcoholic liquor" as such term is defined
27 in Section 1-3.05 of The Liquor Control Act of 1934
28 as such Act may be now or hereafter amended.
29 (ii) "Cannabis" as such term is defined in
30 subsection (a) of Section 3 of the "Cannabis Control
31 Act", approved August 16, 1971, as now or hereafter
32 amended.
33 (iii) "Controlled substance" as such term is
34 defined in the "Illinois Controlled Substances Act",
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1 approved August 16, 1971, as now or hereafter
2 amended.
3 (iv) "Hypodermic syringe" or hypodermic
4 needle, or any instrument adapted for use of
5 controlled substances or cannabis by subcutaneous
6 injection.
7 (v) "Weapon" means any knife, dagger, dirk,
8 billy, razor, stiletto, broken bottle, or other
9 piece of glass which could be used as a dangerous
10 weapon. Such term includes any of the devices or
11 implements designated in subsections (a)(1), (a)(3)
12 and (a)(6) of Section 24-1 of this Act, or any other
13 dangerous weapon or instrument of like character.
14 (vi) "Firearm" means any device, by whatever
15 name known, which is designed to expel a projectile
16 or projectiles by the action of an explosion,
17 expansion of gas or escape of gas, including but not
18 limited to:
19 (A) any pneumatic gun, spring gun, or B-B
20 gun which expels a single globular projectile
21 not exceeding .18 inch in diameter, or;
22 (B) any device used exclusively for
23 signaling or safety and required as recommended
24 by the United States Coast Guard or the
25 Interstate Commerce Commission; or
26 (C) any device used exclusively for the
27 firing of stud cartridges, explosive rivets or
28 industrial ammunition; or
29 (D) any device which is powered by
30 electrical charging units, such as batteries,
31 and which fires one or several barbs attached
32 to a length of wire and which, upon hitting a
33 human, can send out current capable of
34 disrupting the person's nervous system in such
-8- LRB9004693RCpcA
1 a manner as to render him incapable of normal
2 functioning, commonly referred to as a stun gun
3 or taser.
4 (vii) "Firearm ammunition" means any
5 self-contained cartridge or shotgun shell, by
6 whatever name known, which is designed to be used or
7 adaptable to use in a firearm, including but not
8 limited to:
9 (A) any ammunition exclusively designed
10 for use with a device used exclusively for
11 signaling or safety and required or recommended
12 by the United States Coast Guard or the
13 Interstate Commerce Commission; or
14 (B) any ammunition designed exclusively
15 for use with a stud or rivet driver or other
16 similar industrial ammunition.
17 (viii) "Explosive" means, but is not limited
18 to, bomb, bombshell, grenade, bottle or other
19 container containing an explosive substance of over
20 one-quarter ounce for like purposes such as black
21 powder bombs and Molotov cocktails or artillery
22 projectiles.
23 (ix) "Tool to defeat security mechanisms"
24 means, but is not limited to, handcuff or security
25 restraint key, tool designed to pick locks, or
26 device or instrument capable of unlocking handcuff
27 or security restraints, doors to cells, rooms, gates
28 or other areas of the penal institution.
29 (x) "Cutting tool" means, but is not limited
30 to, hacksaw blade, wirecutter, or device, instrument
31 or file capable of cutting through metal.
32 (xi) "Electronic contraband" means, but is not
33 limited to, any electronic, video recording device,
34 computer, or cellular communications equipment,
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1 including, but not limited to, cellular telephones,
2 cellular telephone batteries, videotape recorders,
3 pagers, computers, and computer peripheral equipment
4 brought into or possessed in a penal institution
5 without the written authorization of the Chief
6 Administrative Officer.
7 (xii) "Cigarette" means any roll for smoking
8 made wholly or in part of tobacco irrespective of
9 size or shape and whether or not such tobacco is
10 flavored, adulterated or mixed with any other
11 ingredient, and the wrapper or cover of which is
12 made of paper or any other substance or material
13 except tobacco.
14 (xiii) "Tobacco products" means any cigars;
15 cheroots; stogies; periques; granulated, plug cut,
16 crimp cut, ready rubbed, and other smoking tobacco;
17 snuff or snuff flour; cavendish; plug and twist
18 tobacco; fine-cut and other chewing tobacco; shorts;
19 refuse scraps, clippings, cuttings and sweeping of
20 tobacco; and other kinds and forms of tobacco,
21 prepared in such manner as to be suitable for
22 chewing or smoking in a pipe or otherwise, or both
23 for chewing and smoking.
24 (d) Bringing alcoholic liquor into a penal institution
25 is a Class 4 felony. Possessing alcoholic liquor in a penal
26 institution is a Class 4 felony.
27 (d-5) Bringing cigarettes or tobacco products into a
28 penal institution is a Class 4 felony. Possessing cigarettes
29 or tobacco products in a penal institution is a Class 4
30 felony. For purposes of this subsection (d-5), "penal
31 institution" means a prison or penitentiary.
32 (e) Bringing cannabis into a penal institution is a
33 Class 3 felony. Possessing cannabis in a penal institution
34 is a Class 3 felony.
-10- LRB9004693RCpcA
1 (f) Bringing any amount of a controlled substance
2 classified in Schedules III, IV or V of Article II of the
3 Controlled Substance Act into a penal institution is a Class
4 2 felony. Possessing any amount of a controlled substance
5 classified in Schedule III, IV, or V of Article II of the
6 Controlled Substance Act in a penal institution is a Class 2
7 felony.
8 (g) Bringing any amount of a controlled substance
9 classified in Schedules I or II of Article II of the
10 Controlled Substance Act into a penal institution is a Class
11 1 felony. Possessing any amount of a controlled substance
12 classified in Schedules I or II of Article II of the
13 Controlled Substance Act in a penal institution is a Class 1
14 felony.
15 (h) Bringing an item of contraband listed in paragraph
16 (iv) of subsection (c)(2) into a penal institution is a Class
17 1 felony. Possessing an item of contraband listed in
18 paragraph (iv) of subsection (c)(2) in a penal institution is
19 a Class 1 felony.
20 (i) Bringing an item of contraband listed in paragraph
21 (v), (ix), (x), or (xi) of subsection (c)(2) into a penal
22 institution is a Class 1 felony. Possessing an item of
23 contraband listed in paragraph (v), (ix), (x), or (xi) of
24 subsection (c)(2) in a penal institution is a Class 1 felony.
25 (j) Bringing an item of contraband listed in paragraphs
26 (vi), (vii) or (viii) of subsection (c)(2) in a penal
27 institution is a Class X felony. Possessing an item of
28 contraband listed in paragraphs (vi), (vii), or (viii) of
29 subsection (c)(2) in a penal institution is a Class X felony.
30 (k) It shall be an affirmative defense to subsection (b)
31 hereof, that such possession was specifically authorized by
32 rule, regulation, or directive of the governing authority of
33 the penal institution or order issued pursuant thereto.
34 (l) It shall be an affirmative defense to subsection
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1 (a)(1) and subsection (b) hereof that the person bringing
2 into or possessing contraband in a penal institution had been
3 arrested, and that that person possessed such contraband at
4 the time of his arrest, and that such contraband was brought
5 into or possessed in the penal institution by that person as
6 a direct and immediate result of his arrest.
7 (m) Items confiscated may be retained for use by the
8 Department of Corrections or disposed of as deemed
9 appropriate by the Chief Administrative Officer in accordance
10 with Department rules or disposed of as required by law.
11 (n) It is not a violation of subsection (d-5) for an
12 inmate in a penal institution to possess cigarettes or
13 tobacco products in the performance of his or her employment
14 in a correctional industries program.
15 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
16 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
17 (Text of Section before amendment by P.A. 89-688)
18 Sec. 31A-1.2. Unauthorized bringing of contraband into a
19 penal institution by an employee; unauthorized possessing of
20 contraband in a penal institution by an employee;
21 unauthorized delivery of contraband in a penal institution by
22 an employee.
23 (a) A person commits the offense of unauthorized
24 bringing of contraband into a penal institution by an
25 employee when a person who is an employee knowingly and
26 without authority or any person designated or authorized to
27 grant such authority:
28 (1) brings or attempts to bring an item of
29 contraband listed in paragraphs (i) through (iv) of
30 subsection (d)(4) into a penal institution, or
31 (2) causes or permits another to bring an item of
32 contraband listed in paragraphs (i) through (iv) of
33 subsection (d)(4) into a penal institution.
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1 (b) A person commits the offense of unauthorized
2 possession of contraband in a penal institution by an
3 employee when a person who is an employee knowingly and
4 without authority of any person designated or authorized to
5 grant such authority possesses contraband listed in
6 paragraphs (i) through (iv) of subsection (d)(4) in a penal
7 institution, regardless of the intent with which he possesses
8 it.
9 (c) A person commits the offense of unauthorized
10 delivery of contraband in a penal institution by an employee
11 when a person who is an employee knowingly and without
12 authority of any person designated or authorized to grant
13 such authority:
14 (1) delivers or possesses with intent to deliver an
15 item of contraband to any inmate of a penal institution,
16 or
17 (2) conspires to deliver or solicits the delivery
18 of an item of contraband to any inmate of a penal
19 institution, or
20 (3) causes or permits the delivery of an item of
21 contraband to any inmate of a penal institution, or
22 (4) permits another person to attempt to deliver an
23 item of contraband to any inmate of a penal institution.
24 (d) For purpose of this Section, the words and phrases
25 listed below shall be defined as follows:
26 (1) "Penal Institution" shall have the meaning
27 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
28 this Code;
29 (2) "Employee" means any elected or appointed
30 officer, trustee or employee of a penal institution or of
31 the governing authority of the penal institution, or any
32 person who performs services for the penal institution
33 pursuant to contract with the penal institution or its
34 governing authority.
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1 (3) "Deliver" or "delivery" means the actual,
2 constructive or attempted transfer of possession of an
3 item of contraband, with or without consideration,
4 whether or not there is an agency relationship;
5 (4) "Item of contraband" means any of the
6 following:
7 (i) "Alcoholic liquor" as such term is defined
8 in Section 1-3.05 of the Liquor Control Act of 1934.
9 (ii) "Cannabis" as such term is defined in
10 subsection 9a) of Section 3 of the Cannabis Control
11 Act.
12 (iii) "Controlled substance" as such term is
13 defined in the Illinois Controlled Substance Act.
14 (iv) "Hypodermic syringe" or hypodermic
15 needle, or any instrument adapted for use of
16 controlled substances or cannabis by subcutaneous
17 injection.
18 (v) "Weapon" means any knife, dagger, dirk,
19 billy, razor, stiletto, broken bottle, or other
20 piece of glass which could be used as a dangerous
21 weapon. Such term includes any of the devices or
22 implements designated in subsections (a)(1), (a)(3)
23 and (a)(6) of Section 24-1 of this Act, or any other
24 dangerous weapon or instrument of like character.
25 (vi) "Firearm" means any device, by whatever
26 name known, which is designed to expel a projectile
27 or projectiles by the action of an explosion,
28 expansion of gas or escape of gas, including but not
29 limited to:
30 (A) any pneumatic gun, spring gun, or B-B
31 gun which expels a single globular projectile
32 not exceeding .18 inch in diameter; or
33 (B) any device used exclusively for
34 signaling or safety and required or recommended
-14- LRB9004693RCpcA
1 by the United States Coast Guard or the
2 Interstate Commerce Commission; or
3 (C) any device used exclusively for the
4 firing of stud cartridges, explosive rivets or
5 industrial ammunition; or
6 (D) any device which is powered by
7 electrical charging units, such as batteries,
8 and which fires one or several barbs attached
9 to a length of wire and which, upon hitting a
10 human, can send out current capable of
11 disrupting the person's nervous system in such
12 a manner as to render him incapable of normal
13 functioning, commonly referred to as a stun gun
14 or taser.
15 (vii) "Firearm ammunition" means any
16 self-contained cartridge or shotgun shell, by
17 whatever name known, which is designed to be used or
18 adaptable to use in a firearm, including but not
19 limited to:
20 (A) any ammunition exclusively designed
21 for use with a device used exclusively for
22 signaling or safety and required or recommended
23 by the United States Coast Guard or the
24 Interstate Commerce Commission; or
25 (B) any ammunition designed exclusively
26 for use with a stud or rivet driver or other
27 similar industrial ammunition.
28 (viii) "Explosive" means, but is not limited
29 to, bomb, bombshell, grenade, bottle or other
30 container containing an explosive substance of over
31 one-quarter ounce for like purposes such as black
32 powder bombs and Molotov cocktails or artillery
33 projectiles.
34 (ix) "Tool to defeat security mechanisms"
-15- LRB9004693RCpcA
1 means, but is not limited to, handcuff or security
2 restraint key, tool designed to pick locks, or
3 device or instrument capable of unlocking handcuff
4 or security restraints, doors to cells, rooms, gates
5 or other areas of the penal institution.
6 (x) "Cutting tool" means, but is not limited
7 to, hacksaw blade, wirecutter, or device, instrument
8 or file capable of cutting through metal.
9 (e) A violation of paragraphs (a) or (b) of this Section
10 involving alcohol is a Class 4 felony. A violation of
11 paragraph (a) or (b) of this Section involving cannabis is a
12 Class 2 felony. A violation of paragraph (a) or (b)
13 involving any amount of a controlled substance classified in
14 Schedules III, IV or V of Article II of the Controlled
15 Substances Act is a Class 1 felony. A violation of paragraph
16 (a) or (b) of this Section involving any amount of a
17 controlled substance classified in Schedules I or II of
18 Article II of the Controlled Substances Act is a Class X
19 felony. A violation of paragraph (a) or (b) involving an
20 item of contraband listed in paragraph (iv) of subsection
21 (d)(4) is a Class X felony. A violation of paragraph (a) or
22 (b) involving an item of contraband listed in paragraph (v)
23 of subsection (d)(4) is a Class 1 felony. A violation of
24 paragraph (a) or (b) involving an item of contraband listed
25 in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
26 Class X felony.
27 (f) A violation of paragraph (c) of this Section
28 involving alcoholic liquor is a Class 3 felony. A violation
29 of paragraph (c) involving cannabis is a Class 1 felony. A
30 violation of paragraph (c) involving any amount of a
31 controlled substance classified in Schedules III, IV or V of
32 Article II of the Controlled Substances Act is a Class X
33 felony. A violation of paragraph (c) involving any amount of
34 a controlled substance classified in Schedules I or II of
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1 Article II of the Controlled Substances Act is a Class X
2 felony for which the minimum term of imprisonment shall be 8
3 years. A violation of paragraph (c) involving an item of
4 contraband listed in paragraph (iv) of subsection (d)(4) is a
5 Class X felony for which the minimum term of imprisonment
6 shall be 8 years. A violation of paragraph (c) involving an
7 item of contraband listed in paragraph (v), (ix) or (x) of
8 subsection (d)(4) is a Class X felony for which the minimum
9 term of imprisonment shall be 10 years. A violation of
10 paragraph (c) involving an item of contraband listed in
11 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
12 Class X felony for which the minimum term of imprisonment
13 shall be 12 years.
14 (Source: P.A. 87-905; 88-678, eff. 7-1-95.)
15 (Text of Section after amendment by P.A. 89-688)
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;
19 unauthorized delivery of contraband in a penal institution by
20 an employee.
21 (a) A person commits the offense of unauthorized
22 bringing of contraband into a penal institution by an
23 employee when a person who is an employee knowingly and
24 without authority or any person designated or authorized to
25 grant such authority:
26 (1) brings or attempts to bring an item of
27 contraband listed in paragraphs (i) through (iv) of
28 subsection (d)(4) into a penal institution, or
29 (2) causes or permits another to bring an item of
30 contraband listed in paragraphs (i) through (iv) of
31 subsection (d)(4) into a penal institution.
32 (b) A person commits the offense of unauthorized
33 possession of contraband in a penal institution by an
34 employee when a person who is an employee knowingly and
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1 without authority of any person designated or authorized to
2 grant such authority possesses contraband listed in
3 paragraphs (i) through (iv) of subsection (d)(4) in a penal
4 institution, regardless of the intent with which he possesses
5 it.
6 (c) A person commits the offense of unauthorized
7 delivery of contraband in a penal institution by an employee
8 when a person who is an employee knowingly and without
9 authority of any person designated or authorized to grant
10 such authority:
11 (1) delivers or possesses with intent to deliver an
12 item of contraband to any inmate of a penal institution,
13 or
14 (2) conspires to deliver or solicits the delivery
15 of an item of contraband to any inmate of a penal
16 institution, or
17 (3) causes or permits the delivery of an item of
18 contraband to any inmate of a penal institution, or
19 (4) permits another person to attempt to deliver an
20 item of contraband to any inmate of a penal institution.
21 (d) For purpose of this Section, the words and phrases
22 listed below shall be defined as follows:
23 (1) "Penal Institution" shall have the meaning
24 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
25 this Code;
26 (2) "Employee" means any elected or appointed
27 officer, trustee or employee of a penal institution or of
28 the governing authority of the penal institution, or any
29 person who performs services for the penal institution
30 pursuant to contract with the penal institution or its
31 governing authority.
32 (3) "Deliver" or "delivery" means the actual,
33 constructive or attempted transfer of possession of an
34 item of contraband, with or without consideration,
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1 whether or not there is an agency relationship;
2 (4) "Item of contraband" means any of the
3 following:
4 (i) "Alcoholic liquor" as such term is defined
5 in Section 1-3.05 of the Liquor Control Act of 1934.
6 (ii) "Cannabis" as such term is defined in
7 subsection 9a) of Section 3 of the Cannabis Control
8 Act.
9 (iii) "Controlled substance" as such term is
10 defined in the Illinois Controlled Substance Act.
11 (iv) "Hypodermic syringe" or hypodermic
12 needle, or any instrument adapted for use of
13 controlled substances or cannabis by subcutaneous
14 injection.
15 (v) "Weapon" means any knife, dagger, dirk,
16 billy, razor, stiletto, broken bottle, or other
17 piece of glass which could be used as a dangerous
18 weapon. Such term includes any of the devices or
19 implements designated in subsections (a)(1), (a)(3)
20 and (a)(6) of Section 24-1 of this Act, or any other
21 dangerous weapon or instrument of like character.
22 (vi) "Firearm" means any device, by whatever
23 name known, which is designed to expel a projectile
24 or projectiles by the action of an explosion,
25 expansion of gas or escape of gas, including but not
26 limited to:
27 (A) any pneumatic gun, spring gun, or B-B
28 gun which expels a single globular projectile
29 not exceeding .18 inch in diameter; or
30 (B) any device used exclusively for
31 signaling or safety and required or recommended
32 by the United States Coast Guard or the
33 Interstate Commerce Commission; or
34 (C) any device used exclusively for the
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1 firing of stud cartridges, explosive rivets or
2 industrial ammunition; or
3 (D) any device which is powered by
4 electrical charging units, such as batteries,
5 and which fires one or several barbs attached
6 to a length of wire and which, upon hitting a
7 human, can send out current capable of
8 disrupting the person's nervous system in such
9 a manner as to render him incapable of normal
10 functioning, commonly referred to as a stun gun
11 or taser.
12 (vii) "Firearm ammunition" means any
13 self-contained cartridge or shotgun shell, by
14 whatever name known, which is designed to be used or
15 adaptable to use in a firearm, including but not
16 limited to:
17 (A) any ammunition exclusively designed
18 for use with a device used exclusively for
19 signaling or safety and required or recommended
20 by the United States Coast Guard or the
21 Interstate Commerce Commission; or
22 (B) any ammunition designed exclusively
23 for use with a stud or rivet driver or other
24 similar industrial ammunition.
25 (viii) "Explosive" means, but is not limited
26 to, bomb, bombshell, grenade, bottle or other
27 container containing an explosive substance of over
28 one-quarter ounce for like purposes such as black
29 powder bombs and Molotov cocktails or artillery
30 projectiles.
31 (ix) "Tool to defeat security mechanisms"
32 means, but is not limited to, handcuff or security
33 restraint key, tool designed to pick locks, or
34 device or instrument capable of unlocking handcuff
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1 or security restraints, doors to cells, rooms, gates
2 or other areas of the penal institution.
3 (x) "Cutting tool" means, but is not limited
4 to, hacksaw blade, wirecutter, or device, instrument
5 or file capable of cutting through metal.
6 (xi) "Electronic contraband" means, but is not
7 limited to, any electronic, video recording device,
8 computer, or cellular communications equipment,
9 including, but not limited to, cellular telephones,
10 cellular telephone batteries, videotape recorders,
11 pagers, computers, and computer peripheral
12 equipment.
13 (xii) "Cigarette" has the meaning ascribed to
14 it in paragraph (xii) of subsection (c) of Section
15 31A-1.1.
16 (xiii) "Tobacco products" has the meaning
17 ascribed to it in paragraph (xiii) of subsection (c)
18 of Section 31A-1.1.
19 (e) A violation of paragraphs (a) or (b) of this Section
20 involving alcohol is a Class 4 felony. A violation of
21 paragraph (a) or (b) of this Section involving cannabis is a
22 Class 2 felony. A violation of paragraph (a) or (b)
23 involving any amount of a controlled substance classified in
24 Schedules III, IV or V of Article II of the Controlled
25 Substances Act is a Class 1 felony. A violation of paragraph
26 (a) or (b) of this Section involving any amount of a
27 controlled substance classified in Schedules I or II of
28 Article II of the Controlled Substances Act is a Class X
29 felony. A violation of paragraph (a) or (b) involving an
30 item of contraband listed in paragraph (iv) of subsection
31 (d)(4) is a Class X felony. A violation of paragraph (a) or
32 (b) involving an item of contraband listed in paragraph (v)
33 or (xi) of subsection (d)(4) is a Class 1 felony. A
34 violation of paragraph (a) or (b) involving an item of
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1 contraband listed in paragraphs (vi), (vii) or (viii) of
2 subsection (d)(4) is a Class X felony.
3 (f) A violation of paragraph (c) of this Section
4 involving alcoholic liquor is a Class 3 felony. A violation
5 of paragraph (c) of this Section in a prison or penitentiary
6 involving cigarettes or tobacco products is a Class 3 felony.
7 A violation of paragraph (c) involving cannabis is a Class 1
8 felony. A violation of paragraph (c) involving any amount of
9 a controlled substance classified in Schedules III, IV or V
10 of Article II of the Controlled Substances Act is a Class X
11 felony. A violation of paragraph (c) involving any amount of
12 a controlled substance classified in Schedules I or II of
13 Article II of the Controlled Substances Act is a Class X
14 felony for which the minimum term of imprisonment shall be 8
15 years. A violation of paragraph (c) involving an item of
16 contraband listed in paragraph (iv) of subsection (d)(4) is a
17 Class X felony for which the minimum term of imprisonment
18 shall be 8 years. A violation of paragraph (c) involving an
19 item of contraband listed in paragraph (v), (ix) or (x) of
20 subsection (d)(4) is a Class X felony for which the minimum
21 term of imprisonment shall be 10 years. A violation of
22 paragraph (c) involving an item of contraband listed in
23 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
24 Class X felony for which the minimum term of imprisonment
25 shall be 12 years.
26 (g) Items confiscated may be retained for use by the
27 Department of Corrections or disposed of as deemed
28 appropriate by the Chief Administrative Officer in accordance
29 with Department rules or disposed of as required by law.
30 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
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1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.