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92_SB2196
LRB9213481RCcd
1 AN ACT in relation to 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 1961 is amended by
5 changing Sections 31A-1.1 and 31A-1.2 as follows:
6 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
7 Sec. 31A-1.1. Bringing contraband into a penal
8 institution or onto penal grounds; possessing contraband in a
9 penal institution or on penal grounds.
10 (a) A person commits the offense of bringing into or
11 possessing contraband on penal grounds into a penal
12 institution when he or she knowingly and without authority of
13 any person designated or authorized to grant such authority
14 (1) brings, attempts to bring, or possesses, an item of
15 contraband on penal grounds into a penal institution or (2)
16 causes another to bring or possess an item of contraband on
17 penal grounds into a penal institution or (3) places an item
18 of contraband in such proximity to penal grounds, a penal
19 institution, as to give an inmate access to the contraband.
20 (b) A person commits the offense of bringing into or
21 possessing contraband on penal grounds in a penal institution
22 when he brings or possesses contraband on penal grounds, in a
23 penal institution, regardless of the intent with which he
24 possesses it.
25 (b-1) A person commits the offense of bringing into or
26 possessing electronic contraband in a penal institution when,
27 regardless of the intent with which he possesses it, he
28 knowingly and without authority of any person designated or
29 authorized to grant such authority, (1) brings, attempts to
30 bring or possesses an item of electronic contraband in a
31 penal institution or (2) causes another to bring or possess
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1 an item of electronic contraband in a penal institution or
2 (3) places an item of electronic contraband in such proximity
3 to penal grounds as to give an inmate access to the
4 electronic contraband.
5 (b-2) A person commits the offense of bringing into or
6 possessing a chemical agent in a penal institution when,
7 regardless of the intent with which he possesses it, he
8 knowingly and without authority of any person designated or
9 authorized to grant such authority, (1) brings, attempts to
10 bring, or possesses mace, tear gas, or similar chemical
11 agent, the dispersion of which causes irritation, discomfort
12 or burning or (2) causes another to bring or possess mace,
13 tear gas, or a similar chemical agent in such proximity to
14 penal grounds as to give an inmate access to the mace, tear
15 gas, or similar chemical agent.
16 (c) For the purposes of this Section, the words and
17 phrases listed below shall be defined as follows:
18 (0.5) "Penal grounds" means, but is not limited to,
19 any penal institution as defined in paragraph (1) of this
20 subsection including the grounds, access roads,
21 administrative buildings, driveways, employee living
22 quarters, and parking lots of the penal institution.
23 (1) "Penal institution" means any penitentiary,
24 State farm, reformatory, prison, jail, house of
25 correction, police detention area, half-way house or
26 other institution or place for the incarceration or
27 custody of persons under sentence for offenses awaiting
28 trial or sentence for offenses, under arrest for an
29 offense, a violation of probation, a violation of parole,
30 or a violation of mandatory supervised release, or
31 awaiting a bail setting hearing or preliminary hearing;
32 provided that where the place for incarceration or
33 custody is housed within another public building this Act
34 shall not apply to that part of such building unrelated
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1 to the incarceration or custody of persons.
2 (2) "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 as such Act may be now or hereafter amended.
7 (ii) "Cannabis" as such term is defined in
8 subsection (a) of Section 3 of the "Cannabis Control
9 Act", approved August 16, 1971, as now or hereafter
10 amended.
11 (iii) "Controlled substance" as such term is
12 defined in the "Illinois Controlled Substances Act",
13 approved August 16, 1971, as now or hereafter
14 amended.
15 (iv) "Hypodermic syringe" or hypodermic
16 needle, or any instrument adapted for use of
17 controlled substances or cannabis by subcutaneous
18 injection.
19 (iv.5) A "stun gun or taser", means (a) any
20 device which is powered by electrical charging
21 units, such as batteries, and which fires one or
22 several barbs attached to a length of wire and
23 which, upon hitting a human, can send out a current
24 capable of disrupting the person's nervous system in
25 such a manner as to render him incapable of normal
26 functioning or (b) any device which is powered by
27 electrical charging units, such as batteries, and
28 which, upon contact with a human or clothing worn by
29 a human, can send out current capable of disrupting
30 the person's nervous system in such a manner as to
31 render him incapable of normal functioning;
32 (v) "Weapon" means any knife, dagger, dirk,
33 billy, razor, stiletto, broken bottle, or other
34 piece of glass, stun gun or taser or any other
-4- LRB9213481RCcd
1 dangerous or deadly weapon or instrument of like
2 character which could be used as a dangerous weapon.
3 Such term includes any of the devices or implements
4 designated in subsections (a)(1), (a)(3) and (a)(6)
5 of Section 24-1 of this Act, or any other dangerous
6 weapon or instrument of like character.
7 (vi) "Firearm" means any device, by whatever
8 name known, which is designed to expel a projectile
9 or projectiles by the action of an explosion,
10 expansion of gas or escape of gas, including but not
11 limited to:
12 (A) any pneumatic gun, spring gun, or B-B
13 gun which expels a single globular projectile
14 not exceeding .18 inch in diameter, or;
15 (B) any device used exclusively for
16 signaling or safety and required as recommended
17 by the United States Coast Guard or the
18 Interstate Commerce Commission; or
19 (C) any device used exclusively for the
20 firing of stud cartridges, explosive rivets or
21 industrial ammunition; or
22 (D) any device which is powered by
23 electrical charging units, such as batteries,
24 and which fires one or several barbs attached
25 to a length of wire and which, upon hitting a
26 human, can send out current capable of
27 disrupting the person's nervous system in such
28 a manner as to render him incapable of normal
29 functioning, commonly referred to as a stun gun
30 or taser.
31 (vii) "Firearm ammunition" means any
32 self-contained cartridge or shotgun shell, by
33 whatever name known, which is designed to be used or
34 adaptable to use in a firearm, including but not
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1 limited to:
2 (A) any ammunition exclusively designed
3 for use with a device used exclusively for
4 signaling or safety and required or recommended
5 by the United States Coast Guard or the
6 Interstate Commerce Commission; or
7 (B) any ammunition designed exclusively
8 for use with a stud or rivet driver or other
9 similar industrial ammunition.
10 (viii) "Explosive" means, but is not limited
11 to, bomb, bombshell, grenade, bottle or other
12 container containing an explosive substance of over
13 one-quarter ounce for like purposes such as black
14 powder bombs and Molotov cocktails or artillery
15 projectiles.
16 (ix) "Tool to defeat security mechanisms"
17 means, but is not limited to, handcuff or security
18 restraint key, tool designed to pick locks, or
19 device or instrument capable of unlocking handcuff
20 or security restraints, doors to cells, rooms, gates
21 or other areas of the penal institution.
22 (x) "Cutting tool" means, but is not limited
23 to, hacksaw blade, wirecutter, or device, instrument
24 or file capable of cutting through metal.
25 (xi) "Electronic contraband" means, but is not
26 limited to, any electronic, video recording device,
27 computer, or cellular communications equipment,
28 including, but not limited to, cellular telephones,
29 cellular telephone batteries, videotape recorders,
30 pagers, computers, and computer peripheral equipment
31 brought into or possessed in a penal institution
32 without the written authorization of the Chief
33 Administrative Officer.
34 (d) Bringing onto or possessing alcoholic liquor on
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1 penal grounds into a penal institution is a Class 4 felony.
2 Possessing alcoholic liquor in a penal institution is a Class
3 4 felony.
4 (e) Bringing onto or possessing cannabis on penal
5 grounds into a penal institution is a Class 3 felony.
6 Possessing cannabis in a penal institution is a Class 3
7 felony.
8 (f) Bringing onto or possessing any amount of a
9 controlled substance classified in Schedules III, IV or V of
10 Article II of the Controlled Substance Act on penal grounds
11 into a penal institution is a Class 2 felony. Possessing any
12 amount of a controlled substance classified in Schedule III,
13 IV, or V of Article II of the Controlled Substance Act in a
14 penal institution is a Class 2 felony.
15 (g) Bringing onto or possessing any amount of a
16 controlled substance classified in Schedules I or II of
17 Article II of the Controlled Substance Act on penal grounds
18 into a penal institution is a Class 1 felony. Possessing any
19 amount of a controlled substance classified in Schedules I or
20 II of Article II of the Controlled Substance Act in a penal
21 institution is a Class 1 felony.
22 (h) Bringing onto or possessing an item of contraband
23 listed in paragraph (iv) of subsection (c)(2) into a penal
24 institution is a Class 1 felony. Possessing an item of
25 contraband listed in paragraph (iv) of subsection (c)(2) in a
26 penal institution is a Class 1 felony.
27 (i) Bringing onto or possessing an item of contraband
28 listed in paragraph (v), (ix), (x), or (xi) of subsection
29 (c)(2) on penal grounds into a penal institution is a Class 1
30 felony. Possessing an item of contraband listed in paragraph
31 (v), (ix), (x), or (xi) of subsection (c)(2) in a penal
32 institution is a Class 1 felony.
33 (j) Bringing onto or possessing an item of contraband
34 listed in paragraphs (vi), (vii) or (viii) of subsection
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1 (c)(2) on in a penal grounds institution is a Class X felony.
2 Possessing an item of contraband listed in paragraphs (vi),
3 (vii), or (viii) of subsection (c)(2) in a penal institution
4 is a Class X felony.
5 (j-1) Bringing into or possessing an item of electronic
6 contraband on penal grounds is a Class X felony.
7 (j-2) Bringing into or possessing a chemical agent on
8 penal grounds is a Class 1 felony.
9 (k) It shall be an affirmative defense to bringing into
10 or possessing an item of contraband on penal grounds
11 subsection (b) hereof, that such possession was specifically
12 authorized by rule, regulation, or directive of the governing
13 authority of the penal institution or order issued pursuant
14 thereto.
15 (l) It shall be an affirmative defense to subsection
16 (a)(1) and subsection (b) hereof that the person bringing
17 into or possessing contraband in a penal institution had been
18 arrested, and that that person possessed such contraband at
19 the time of his arrest, and that such contraband was brought
20 into or possessed in the penal institution by that person as
21 a direct and immediate result of his arrest.
22 (m) Items confiscated may be retained for use by the
23 Department of Corrections or disposed of as deemed
24 appropriate by the Chief Administrative Officer in accordance
25 with Department rules or disposed of as required by law.
26 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
27 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
28 Sec. 31A-1.2. Unauthorized bringing of contraband onto
29 into a penal grounds institution by an employee; unauthorized
30 possessing of contraband on in a penal grounds institution by
31 an employee; unauthorized delivery of contraband on in a
32 penal grounds institution by an employee.
33 (a) A person commits the offense of unauthorized
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1 bringing of contraband onto into a penal grounds institution
2 by an employee, regardless of intent, when a person who is an
3 employee knowingly and without authority or any person
4 designated or authorized to grant such authority:
5 (1) brings or attempts to bring an item of
6 contraband listed in paragraphs (i) through (iv) of
7 subsection (d)(4) onto into a penal grounds institution,
8 or
9 (2) causes or permits another to bring an item of
10 contraband listed in paragraphs (i) through (iv) of
11 subsection (d)(4) onto into a penal grounds institution.
12 (b) A person commits the offense of unauthorized
13 possession of contraband on in a penal grounds institution by
14 an employee when, regardless of intent, a person who is an
15 employee knowingly and without authority of any person
16 designated or authorized to grant such authority possesses
17 contraband listed in paragraphs (i) through (iv) of
18 subsection (d)(4) on in a penal grounds institution,
19 regardless of the intent with which he possesses it.
20 (c) A person commits the offense of unauthorized
21 delivery of contraband on in a penal grounds institution by
22 an employee when a person who is an employee knowingly and
23 without authority of any person designated or authorized to
24 grant such authority:
25 (1) delivers or possesses with intent to deliver an
26 item of contraband to any inmate of a penal institution,
27 or
28 (2) conspires to deliver or solicits the delivery
29 of an item of contraband to any inmate of a penal
30 institution, or
31 (3) causes or permits the delivery of an item of
32 contraband to any inmate of a penal institution, or
33 (4) permits another person to attempt to deliver an
34 item of contraband to any inmate of a penal institution.
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1 (d) For purpose of this Section, the words and phrases
2 listed below shall be defined as follows:
3 (0.5) "Penal grounds" shall have the meaning ascribed to
4 it in subsection (d)(1) of Section 31A-1.1 of this Code;
5 (1) "Penal Institution" shall have the meaning
6 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
7 this Code;
8 (2) "Employee" means any elected or appointed
9 officer, trustee or employee of a penal institution or of
10 the governing authority of the penal institution, or any
11 person who performs services for the penal institution
12 pursuant to contract with the penal institution or its
13 governing authority or as a volunteer.
14 (3) "Deliver" or "delivery" means the actual,
15 constructive or attempted transfer of possession of an
16 item of contraband, with or without consideration,
17 whether or not there is an agency relationship;
18 (4) "Item of contraband" means any of the
19 following:
20 (i) "Alcoholic liquor" as such term is defined
21 in Section 1-3.05 of the Liquor Control Act of 1934.
22 (ii) "Cannabis" as such term is defined in
23 subsection (a) of Section 3 of the Cannabis Control
24 Act.
25 (iii) "Controlled substance" as such term is
26 defined in the Illinois Controlled Substances Act.
27 (iv) "Hypodermic syringe" or hypodermic
28 needle, or any instrument adapted for use of
29 controlled substances or cannabis by subcutaneous
30 injection.
31 (iv.5) A "stun gun or taser", means (a) any
32 device which is powered by electrical charging
33 units, such as batteries, and which fires one or
34 several barbs attached to a length of wire and
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1 which, upon hitting a human, can send out a current
2 capable of disrupting the person's nervous system in
3 such a manner as to render him incapable of normal
4 functioning or (b) any device which is powered by
5 electrical charging units, such as batteries, and
6 which, upon contact with a human or clothing worn by
7 a human, can send out current capable of disrupting
8 the person's nervous system in such a manner as to
9 render him incapable of normal functioning;
10 (v) "Weapon" means any knife, dagger, dirk,
11 billy, razor, stiletto, broken bottle, or other
12 piece of glass, stun gun or taser or any other
13 dangerous or deadly weapon or instrument of like
14 character which could be used as a dangerous weapon.
15 Such term includes any of the devices or implements
16 designated in subsections (a)(1), (a)(3) and (a)(6)
17 of Section 24-1 of this Act, or any other dangerous
18 weapon or instrument of like character.
19 (vi) "Firearm" means any device, by whatever
20 name known, which is designed to expel a projectile
21 or projectiles by the action of an explosion,
22 expansion of gas or escape of gas, including but not
23 limited to:
24 (A) any pneumatic gun, spring gun, or B-B
25 gun which expels a single globular projectile
26 not exceeding .18 inch in diameter; or
27 (B) any 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 (C) any device used exclusively for the
32 firing of stud cartridges, explosive rivets or
33 industrial ammunition; or
34 (D) any device which is powered by
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1 electrical charging units, such as batteries,
2 and which fires one or several barbs attached
3 to a length of wire and which, upon hitting a
4 human, can send out current capable of
5 disrupting the person's nervous system in such
6 a manner as to render him incapable of normal
7 functioning, commonly referred to as a stun gun
8 or taser.
9 (vii) "Firearm ammunition" means any
10 self-contained cartridge or shotgun shell, by
11 whatever name known, which is designed to be used or
12 adaptable to use in a firearm, including but not
13 limited to:
14 (A) any ammunition exclusively designed
15 for use with a device used exclusively for
16 signaling or safety and required or recommended
17 by the United States Coast Guard or the
18 Interstate Commerce Commission; or
19 (B) any ammunition designed exclusively
20 for use with a stud or rivet driver or other
21 similar industrial ammunition.
22 (viii) "Explosive" means, but is not limited
23 to, bomb, bombshell, grenade, bottle or other
24 container containing an explosive substance of over
25 one-quarter ounce for like purposes such as black
26 powder bombs and Molotov cocktails or artillery
27 projectiles.
28 (ix) "Tool to defeat security mechanisms"
29 means, but is not limited to, handcuff or security
30 restraint key, tool designed to pick locks, or
31 device or instrument capable of unlocking handcuff
32 or security restraints, doors to cells, rooms, gates
33 or other areas of the penal institution.
34 (x) "Cutting tool" means, but is not limited
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1 to, hacksaw blade, wirecutter, or device, instrument
2 or file capable of cutting through metal.
3 (xi) "Electronic contraband" means, but is not
4 limited to, any electronic, video recording device,
5 computer, or cellular communications equipment,
6 including, but not limited to, cellular telephones,
7 cellular telephone batteries, videotape recorders,
8 pagers, computers, and computer peripheral
9 equipment.
10 (xiii) "Chemical agent" means, but is not
11 limited to mace, tear gas, or a similar chemical
12 agent, the dispersion of which causes irritation,
13 discomfort or burning.
14 (e) A violation of paragraphs (a) or (b) of this Section
15 involving alcohol is a Class 4 felony. A violation of
16 paragraph (a) or (b) of this Section involving cannabis is a
17 Class 2 felony. A violation of paragraph (a) or (b)
18 involving any amount of a controlled substance classified in
19 Schedules III, IV or V of Article II of the Illinois
20 Controlled Substances Act is a Class 1 felony. A violation
21 of paragraph (a) or (b) of this Section involving any amount
22 of a controlled substance classified in Schedules I or II of
23 Article II of the Illinois Controlled Substances Act is a
24 Class X felony. A violation of paragraph (a) or (b)
25 involving an item of contraband listed in paragraph (iv) of
26 subsection (d)(4) is a Class X felony. A violation of
27 paragraph (a) or (b) involving an item of contraband listed
28 in paragraph (v) or (xi) of subsection (d)(4) is a Class 1
29 felony. A violation of paragraph (a) or (b) involving an
30 item of contraband listed in paragraphs (vi), (vii) or (viii)
31 of subsection (d)(4) is a Class X felony.
32 (f) A violation of paragraph (c) of this Section
33 involving alcoholic liquor is a Class 3 felony. A violation
34 of paragraph (c) involving cannabis is a Class 1 felony. A
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1 violation of paragraph (c) involving any amount of a
2 controlled substance classified in Schedules III, IV or V of
3 Article II of the Illinois Controlled Substances Act is a
4 Class X felony. A violation of paragraph (c) involving any
5 amount of a controlled substance classified in Schedules I or
6 II of Article II of the Illinois Controlled Substances Act is
7 a Class X felony for which the minimum term of imprisonment
8 shall be 8 years. A violation of paragraph (c) involving an
9 item of contraband listed in paragraph (iv) of subsection
10 (d)(4) is a Class X felony for which the minimum term of
11 imprisonment shall be 8 years. A violation of paragraph (c)
12 involving an item of contraband listed in paragraph (v), (ix)
13 or (x) of subsection (d)(4) is a Class X felony for which the
14 minimum term of imprisonment shall be 10 years. A violation
15 of paragraph (c) involving an item of contraband listed in
16 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
17 Class X felony for which the minimum term of imprisonment
18 shall be 12 years.
19 (g) Items confiscated may be retained for use by the
20 Department of Corrections or disposed of as deemed
21 appropriate by the Chief Administrative Officer in accordance
22 with Department rules or disposed of as required by law.
23 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.