Public Act 094-1017
 
SB2954 Enrolled LRB094 19066 EFG 54568 b

    AN ACT in relation to criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1.

 
    Section 1-1. Findings; purpose; validation.
    (a) The General Assembly finds and declares that:
        (1) Public Act 88-669, effective November 29, 1994,
    contained provisions amending the Criminal Code of 1961 and
    the Unified Code of Corrections. Public Act 88-669 also
    contained other provisions.
        (2) The Illinois Supreme Court declared Public Act
    88-669 to be unconstitutional as a violation of the single
    subject clause of the Illinois Constitution in People v.
    Olender, Docket No. 98932, opinion filed December 15, 2005.
    (b) The purpose of this Article 1 is to re-enact the
provisions of the Criminal Code of 1961 and the Unified Code of
Corrections that were affected by Public Act 88-669 and to
minimize or prevent any problems concerning those provisions
that may arise from the unconstitutionality of Public Act
88-669. This re-enactment is intended to remove any question as
to the validity and content of those provisions; it is not
intended to supersede any other Public Act that amends the
provisions re-enacted in this Article 1. The re-enacted
material is shown in this Article 1 as existing text (i.e.,
without underscoring) and may include changes made by
subsequent amendments.
    (c) The re-enactment of provisions of the Criminal Code of
1961 and the Unified Code of Corrections by this Article 1 is
not intended, and shall not be construed, to impair any legal
argument concerning whether those provisions were
substantially re-enacted by any other Public Act.
    (d) All otherwise lawful actions taken before the effective
date of this Article 1 in reliance on or pursuant to the
provisions re-enacted by this Article 1, as those provisions
were set forth in Public Act 88-669 or as subsequently amended,
by any officer, employee, or agency of State government or by
any other person or entity, are hereby validated, except to the
extent prohibited under the Illinois or United States
Constitution.
    (e) This Article 1 applies, without limitation, to actions
pending on or after the effective date of this Article 1,
except to the extent prohibited under the Illinois or United
States Constitution.
 
    Section 1-5. The Criminal Code of 1961 is amended by
re-enacting Section 36-1 as follows:
 
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 18-2,
19-1, 19-2, 19-3, 20-1, 20-2, 20.5-6, 24-1.2, 24-1.2-5, 24-1.5,
or 28-1 of this Code, paragraph (a) of Section 12-4 of this
Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or
(d) of Section 12-16 of this Code, or paragraph (a)(6) or
(a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24
or 26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes; (c)
Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental Protection
Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) the
offenses described in the following provisions of the Illinois
Vehicle Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
(c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.
    Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
of the Illinois Vehicle Code, or Section 9-3 of this Code makes
a showing that the seized vehicle is the only source of
transportation and it is determined that the financial hardship
to the family as a result of the seizure outweighs the benefit
to the State from the seizure, the vehicle may be forfeited to
the spouse or family member and the title to the vehicle shall
be transferred to the spouse or family member who is properly
licensed and who requires the use of the vehicle for employment
or family transportation purposes. A written declaration of
forfeiture of a vehicle under this Section shall be sufficient
cause for the title to be transferred to the spouse or family
member. The provisions of this paragraph shall apply only to
one forfeiture per vehicle. If the vehicle is the subject of a
subsequent forfeiture proceeding by virtue of a subsequent
conviction of either spouse or the family member, the spouse or
family member to whom the vehicle was forfeited under the first
forfeiture proceeding may not utilize the provisions of this
paragraph in another forfeiture proceeding. If the owner of the
vehicle seized owns more than one vehicle, the procedure set
out in this paragraph may be used for only one vehicle.
    Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)
 
    Section 1-10. The Unified Code of Corrections is amended by
re-enacting Sections 3-7-6, 3-12-2, and 3-12-5 as follows:
 
    (730 ILCS 5/3-7-6)  (from Ch. 38, par. 1003-7-6)
    Sec. 3-7-6. Reimbursement for expenses.
    (a) Responsibility of committed persons. For the purposes
of this Section, "committed persons" mean those persons who
through judicial determination have been placed in the custody
of the Department on the basis of a conviction as an adult.
Committed persons shall be responsible to reimburse the
Department for the expenses incurred by their incarceration at
a rate to be determined by the Department in accordance with
this Section.
        (1) Committed persons shall fully cooperate with the
    Department by providing complete financial information for
    the purposes under this Section.
        (2) The failure of a committed person to fully
    cooperate as provided for in clauses (3) and (4) of
    subsection (a-5) shall be considered for purposes of a
    parole determination. Any committed person who willfully
    refuses to cooperate with the obligations set forth in this
    Section may be subject to the loss of good conduct credit
    towards his or her sentence of up to 180 days.
    (a-5) Assets information form.
        (1) The Department shall develop a form, which shall be
    used by the Department to obtain information from all
    committed persons regarding assets of the persons.
        (2) In order to enable the Department to determine the
    financial status of the committed person, the form shall
    provide for obtaining the age and marital status of a
    committed person, the number and ages of children of the
    person, the number and ages of other dependents, the type
    and value of real estate, the type and value of personal
    property, cash and bank accounts, the location of any lock
    boxes, the type and value of investments, pensions and
    annuities and any other personalty of significant cash
    value, including but not limited to jewelry, art work and
    collectables, and all medical or dental insurance policies
    covering the committed person. The form may also provide
    for other information deemed pertinent by the Department in
    the investigation of a committed person's assets.
        (3) Upon being developed, the form shall be submitted
    to each committed person as of the date the form is
    developed and to every committed person who thereafter is
    sentenced to imprisonment under the jurisdiction of the
    Department. The form may be resubmitted to a committed
    person by the Department for purpose of obtaining current
    information regarding the assets of the person.
        (4) Every committed person shall complete the form or
    provide for completion of the form and the committed person
    shall swear under oath or affirm that to the best of his or
    her knowledge the information provided is complete and
    accurate.
    (b) Expenses. The rate at which sums to be charged for the
expenses incurred by a committed person for his or her
confinement shall be computed by the Department as the average
per capita cost per day for all inmates of that institution or
facility for that fiscal year. The average per capita cost per
day shall be computed by the Department based on the average
per capita cost per day for the operation of that institution
or facility for the fiscal year immediately preceding the
period of incarceration for which the rate is being calculated.
The Department shall establish rules and regulations providing
for the computation of the above costs, and shall determine the
average per capita cost per day for each of its institutions or
facilities for each fiscal year. The Department shall have the
power to modify its rules and regulations, so as to provide for
the most accurate and most current average per capita cost per
day computation. Where the committed person is placed in a
facility outside the Department, the Department may pay the
actual cost of services in that facility, and may collect
reimbursement for the entire amount paid from the committed
person receiving those services.
    (c) Records. The records of the Department, including, but
not limited to, those relating to: the average per capita cost
per day for a particular institution or facility for a
particular year, and the calculation of the average per capita
cost per day; the average daily population of a particular
Department correctional institution or facility for a
particular year; the specific placement of a particular
committed person in various Department correctional
institutions or facilities for various periods of time; and the
record of transactions of a particular committed person's trust
account under Section 3-4-3 of this Act; may be proved in any
legal proceeding, by a reproduced copy thereof or by a computer
printout of Department records, under the certificate of the
Director. If reproduced copies are used, the Director must
certify that those are true and exact copies of the records on
file with the Department. If computer printouts of records of
the Department are offered as proof, the Director must certify
that those computer printouts are true and exact
representations of records properly entered into standard
electronic computing equipment, in the regular course of the
Department's business, at or reasonably near the time of the
occurrence of the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the accuracy of the information contained therein.
    (d) Authority. The Director, or the Director's designee,
may, when he or she knows or reasonably believes that a
committed person, or the estate of that person, has assets
which may be used to satisfy all or part of a judgment rendered
under this Act, or when he or she knows or reasonably believes
that a committed person is engaged in gang-related activity and
has a substantial sum of money or other assets, provide for the
forwarding to the Attorney General of a report on the committed
person and that report shall contain a completed form under
subsection (a-5) together with all other information available
concerning the assets of the committed person and an estimate
of the total expenses for that committed person, and authorize
the Attorney General to institute proceedings to require the
persons, or the estates of the persons, to reimburse the
Department for the expenses incurred by their incarceration.
The Attorney General, upon authorization of the Director, or
the Director's designee, shall institute actions on behalf of
the Department and pursue claims on the Department's behalf in
probate and bankruptcy proceedings, to recover from committed
persons the expenses incurred by their confinement. For
purposes of this subsection (d), "gang-related" activity has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (e) Scope and limitations.
        (1) No action under this Section shall be initiated
    more than 2 years after the release or death of the
    committed person in question.
        (2) The death of a convicted person, by execution or
    otherwise, while committed to a Department correctional
    institution or facility shall not act as a bar to any
    action or proceeding under this Section.
        (3) The assets of a committed person, for the purposes
    of this Section, shall include any property, tangible or
    intangible, real or personal, belonging to or due to a
    committed or formerly committed person including income or
    payments to the person from social security, worker's
    compensation, veteran's compensation, pension benefits, or
    from any other source whatsoever and any and all assets and
    property of whatever character held in the name of the
    person, held for the benefit of the person, or payable or
    otherwise deliverable to the person. Any trust, or portion
    of a trust, of which a convicted person is a beneficiary,
    shall be construed as an asset of the person, to the extent
    that benefits thereunder are required to be paid to the
    person, or shall in fact be paid to the person. At the time
    of a legal proceeding by the Attorney General under this
    Section, if it appears that the committed person has any
    assets which ought to be subjected to the claim of the
    Department under this Section, the court may issue an order
    requiring any person, corporation, or other legal entity
    possessed or having custody of those assets to appropriate
    any of the assets or a portion thereof toward reimbursing
    the Department as provided for under this Section. No
    provision of this Section shall be construed in violation
    of any State or federal limitation on the collection of
    money judgments.
        (4) Nothing in this Section shall preclude the
    Department from applying federal benefits that are
    specifically provided for the care and treatment of a
    committed person toward the cost of care provided by a
    State facility or private agency.
(Source: P.A. 92-564, eff. 1-1-03.)
 
    (730 ILCS 5/3-12-2)  (from Ch. 38, par. 1003-12-2)
    Sec. 3-12-2. Types of employment.
    (a) The Department may establish, maintain, train and
employ committed persons in industries for the production of
articles, materials or supplies for resale to authorized
purchasers. It may also employ committed persons on public
works, buildings and property, the conservation of natural
resources of the State, anti-pollution or environmental
control projects, or for other public purposes, for the
maintenance of the Department's buildings and properties and
for the production of food or other necessities for its
programs. The Department may establish, maintain and employ
committed persons in the production of vehicle registration
plates. A committed person's labor shall not be sold,
contracted or hired out by the Department except under this
Article and under Section 3-9-2.
    (b) Works of art, literature, handicraft or other items
produced by committed persons as an avocation and not as a
product of a work program of the Department may be sold to the
public under rules and regulations established by the
Department. The cost of selling such products may be deducted
from the proceeds, and the balance shall be credited to the
person's account under Section 3-4-3. The Department shall
notify the Attorney General of the existence of any proceeds
which it believes should be applied towards a satisfaction, in
whole or in part, of the person's incarceration costs.
(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
 
    (730 ILCS 5/3-12-5)  (from Ch. 38, par. 1003-12-5)
    Sec. 3-12-5. Compensation. Persons performing a work
assignment under subsection (a) of Section 3-12-2 may receive
wages under rules and regulations of the Department. In
determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work
performed. Compensation may be given to persons who participate
in other programs of the Department. Of the compensation earned
pursuant to this Section, a portion, as determined by the
Department, shall be used to offset the cost of the committed
person's incarceration. If the committed person files a lawsuit
determined frivolous under Article XXII of the Code of Civil
Procedure, 50% of the compensation shall be used to offset the
filing fees and costs of the lawsuit as provided in that
Article until all fees and costs are paid in full. All other
wages shall be deposited in the individual's account under
rules and regulations of the Department. The Department shall
notify the Attorney General of any compensation applied towards
a satisfaction, in whole or in part, of the person's
incarceration costs.
(Source: P.A. 90-505, eff. 8-19-97.)
 
Article 2.

 
    Section 2-1. Findings; purpose.
    (a) The General Assembly finds and declares that:
        (1) Public Act 89-688, effective June 1, 1997,
    contained provisions amending Sections 31A-1.1 and 31A-1.2
    of the Criminal Code of 1961 relating to bringing
    contraband into a penal institution; possessing contraband
    in a penal institution; and unauthorized bringing of
    contraband into a penal institution by an employee. Public
    Act 89-688 also contained other provisions.
        (2) On October 20, 2000, in People v. Jerry Lee Foster,
    316 Ill. App. 3d 855, the Illinois Appellate Court, Fourth
    District, ruled that Public Act 89-688 violates the single
    subject clause of the Illinois Constitution (Article IV,
    Section 8 (d)) and is therefore unconstitutional in its
    entirety. The Illinois Supreme Court agreed with the
    reasoning of that court in People v. Burdunice, 211 Ill. 2d
    264 (2004).
        (3) The provisions added to Sections 31A-1.1 and
    31A-1.2 of the Criminal Code of 1961 by Public Act 89-688
    are of vital concern to the people of this State. Prompt
    legislative action concerning those provisions is
    necessary.
        (4) Section 31A-1.1 of the Criminal Code of 1961 has
    subsequently been amended by Public Act 94-556. Section
    31A-1.2 of the Criminal Code of 1961 has subsequently been
    amended by Public Acts 90-655, 91-357, and 94-556.
    (b) It is the purpose of this Article 2 to re-enact
Sections 31A-1.1 and 31A-1.2 of the Criminal Code of 1961,
including the provisions added by Public Act 89-688 and the
subsequent amendment to Section 31A-1.1 by Public Act 94-556
and subsequent amendments to Section 31A-1.2 by Public Acts
90-655, 91-357, and 94-556. This re-enactment is intended to
remove any question as to the validity or content of those
provisions; it is not intended to supersede any other Public
Act that amends the text of the Sections as set forth in this
Article 2. The re-enacted material is shown in this Article 2
as existing text (i.e., without underscoring).
 
    Section 2-5. The Criminal Code of 1961 is amended by
re-enacting Sections 31A-1.1 and 31A-1.2 as follows:
 
    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
    Sec. 31A-1.1. Bringing Contraband into a Penal
Institution; Possessing Contraband in a Penal Institution.
    (a) A person commits the offense of bringing contraband
into a penal institution when he knowingly and without
authority of any person designated or authorized to grant such
authority (1) brings an item of contraband into a penal
institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give
an inmate access to the contraband.
    (b) A person commits the offense of possessing contraband
in a penal institution when he possesses contraband in a penal
institution, regardless of the intent with which he possesses
it.
    (c) For the purposes of this Section, the words and phrases
listed below shall be defined as follows:
        (1) "Penal institution" means any penitentiary, State
    farm, reformatory, prison, jail, house of correction,
    police detention area, half-way house or other institution
    or place for the incarceration or custody of persons under
    sentence for offenses awaiting trial or sentence for
    offenses, under arrest for an offense, a violation of
    probation, a violation of parole, or a violation of
    mandatory supervised release, or awaiting a bail setting
    hearing or preliminary hearing; provided that where the
    place for incarceration or custody is housed within another
    public building this Act shall not apply to that part of
    such building unrelated to the incarceration or custody of
    persons.
        (2) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1-3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control
        Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii-a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the
        Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle, or
        any instrument adapted for use of controlled
        substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk, billy,
        razor, stiletto, broken bottle, or other piece of glass
        which could be used as a dangerous weapon. Such term
        includes any of the devices or implements designated in
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
        of this Act, or any other dangerous weapon or
        instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or
        projectiles by the action of an explosion, expansion of
        gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B-B gun
            which expels a single globular projectile not
            exceeding .18 inch in diameter, or;
                (B) any device used exclusively for signaling
            or safety and required as recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (C) any device used exclusively for the firing
            of stud cartridges, explosive rivets or industrial
            ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires
            one or several barbs attached to a length of wire
            and which, upon hitting a human, can send out
            current capable of disrupting the person's nervous
            system in such a manner as to render him incapable
            of normal functioning, commonly referred to as a
            stun gun or taser.
            (vii) "Firearm ammunition" means any
        self-contained cartridge or shotgun shell, by whatever
        name known, which is designed to be used or adaptable
        to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or
            safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar
            industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container
        containing an explosive substance of over one-quarter
        ounce for like purposes such as black powder bombs and
        Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint
        key, tool designed to pick locks, or device or
        instrument capable of unlocking handcuff or security
        restraints, doors to cells, rooms, gates or other areas
        of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or
        file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device,
        computer, or cellular communications equipment,
        including, but not limited to, cellular telephones,
        cellular telephone batteries, videotape recorders,
        pagers, computers, and computer peripheral equipment
        brought into or possessed in a penal institution
        without the written authorization of the Chief
        Administrative Officer.
    (d) Bringing alcoholic liquor into a penal institution is a
Class 4 felony. Possessing alcoholic liquor in a penal
institution is a Class 4 felony.
    (e) Bringing cannabis into a penal institution is a Class 3
felony. Possessing cannabis in a penal institution is a Class 3
felony.
    (f) Bringing any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Controlled Substance Act into a penal institution is a Class 2
felony. Possessing any amount of a controlled substance
classified in Schedule III, IV, or V of Article II of the
Controlled Substance Act in a penal institution is a Class 2
felony.
    (g) Bringing any amount of a controlled substance
classified in Schedules I or II of Article II of the Controlled
Substance Act into a penal institution is a Class 1 felony.
Possessing any amount of a controlled substance classified in
Schedules I or II of Article II of the Controlled Substance Act
in a penal institution is a Class 1 felony.
    (h) Bringing an item of contraband listed in paragraph (iv)
of subsection (c)(2) into a penal institution is a Class 1
felony. Possessing an item of contraband listed in paragraph
(iv) of subsection (c)(2) in a penal institution is a Class 1
felony.
    (i) Bringing an item of contraband listed in paragraph (v),
(ix), (x), or (xi) of subsection (c)(2) into a penal
institution is a Class 1 felony. Possessing an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (c)(2) in a penal institution is a Class 1 felony.
    (j) Bringing an item of contraband listed in paragraphs
(vi), (vii) or (viii) of subsection (c)(2) in a penal
institution is a Class X felony. Possessing an item of
contraband listed in paragraphs (vi), (vii), or (viii) of
subsection (c)(2) in a penal institution is a Class X felony.
    (k) It shall be an affirmative defense to subsection (b)
hereof, that such possession was specifically authorized by
rule, regulation, or directive of the governing authority of
the penal institution or order issued pursuant thereto.
    (l) It shall be an affirmative defense to subsection (a)(1)
and subsection (b) hereof that the person bringing into or
possessing contraband in a penal institution had been arrested,
and that that person possessed such contraband at the time of
his arrest, and that such contraband was brought into or
possessed in the penal institution by that person as a direct
and immediate result of his arrest.
    (m) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
    Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee; unauthorized
delivery of contraband in a penal institution by an employee.
    (a) A person commits the offense of unauthorized bringing
of contraband into a penal institution by an employee when a
person who is an employee knowingly and without authority or
any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of contraband
    listed in paragraphs (i) through (iv) of subsection (d)(4)
    into a penal institution, or
        (2) causes or permits another to bring an item of
    contraband listed in paragraphs (i) through (iv) of
    subsection (d)(4) into a penal institution.
    (b) A person commits the offense of unauthorized possession
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority
possesses contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) in a penal institution, regardless of the
intent with which he possesses it.
    (c) A person commits the offense of unauthorized delivery
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority:
        (1) delivers or possesses with intent to deliver an
    item of contraband to any inmate of a penal institution, or
        (2) conspires to deliver or solicits the delivery of an
    item of contraband to any inmate of a penal institution, or
        (3) causes or permits the delivery of an item of
    contraband to any inmate of a penal institution, or
        (4) permits another person to attempt to deliver an
    item of contraband to any inmate of a penal institution.
    (d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
        (1) "Penal Institution" shall have the meaning
    ascribed to it in subsection (c)(1) of Section 31A-1.1 of
    this Code;
        (2) "Employee" means any elected or appointed officer,
    trustee or employee of a penal institution or of the
    governing authority of the penal institution, or any person
    who performs services for the penal institution pursuant to
    contract with the penal institution or its governing
    authority.
        (3) "Deliver" or "delivery" means the actual,
    constructive or attempted transfer of possession of an item
    of contraband, with or without consideration, whether or
    not there is an agency relationship;
        (4) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1-3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control
        Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii-a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the
        Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle, or
        any instrument adapted for use of controlled
        substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk, billy,
        razor, stiletto, broken bottle, or other piece of glass
        which could be used as a dangerous weapon. Such term
        includes any of the devices or implements designated in
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
        of this Act, or any other dangerous weapon or
        instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or
        projectiles by the action of an explosion, expansion of
        gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B-B gun
            which expels a single globular projectile not
            exceeding .18 inch in diameter; or
                (B) any device used exclusively for signaling
            or safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (C) any device used exclusively for the firing
            of stud cartridges, explosive rivets or industrial
            ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires
            one or several barbs attached to a length of wire
            and which, upon hitting a human, can send out
            current capable of disrupting the person's nervous
            system in such a manner as to render him incapable
            of normal functioning, commonly referred to as a
            stun gun or taser.
            (vii) "Firearm ammunition" means any
        self-contained cartridge or shotgun shell, by whatever
        name known, which is designed to be used or adaptable
        to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or
            safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar
            industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container
        containing an explosive substance of over one-quarter
        ounce for like purposes such as black powder bombs and
        Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint
        key, tool designed to pick locks, or device or
        instrument capable of unlocking handcuff or security
        restraints, doors to cells, rooms, gates or other areas
        of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or
        file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device,
        computer, or cellular communications equipment,
        including, but not limited to, cellular telephones,
        cellular telephone batteries, videotape recorders,
        pagers, computers, and computer peripheral equipment.
    (e) A violation of paragraphs (a) or (b) of this Section
involving alcohol is a Class 4 felony. A violation of paragraph
(a) or (b) of this Section involving cannabis is a Class 2
felony. A violation of paragraph (a) or (b) involving any
amount of a controlled substance classified in Schedules III,
IV or V of Article II of the Illinois Controlled Substances Act
is a Class 1 felony. A violation of paragraph (a) or (b) of
this Section involving any amount of a controlled substance
classified in Schedules I or II of Article II of the Illinois
Controlled Substances Act is a Class X felony. A violation of
paragraph (a) or (b) involving an item of contraband listed in
paragraph (iv) of subsection (d)(4) is a Class X felony. A
violation of paragraph (a) or (b) involving an item of
contraband listed in paragraph (v) or (xi) of subsection (d)(4)
is a Class 1 felony. A violation of paragraph (a) or (b)
involving an item of contraband listed in paragraphs (vi),
(vii) or (viii) of subsection (d)(4) is a Class X felony.
    (f) A violation of paragraph (c) of this Section involving
alcoholic liquor is a Class 3 felony. A violation of paragraph
(c) involving cannabis is a Class 1 felony. A violation of
paragraph (c) involving any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Illinois Controlled Substances Act is a Class X felony. A
violation of paragraph (c) involving any amount of a controlled
substance classified in Schedules I or II of Article II of the
Illinois Controlled Substances Act is a Class X felony for
which the minimum term of imprisonment shall be 8 years. A
violation of paragraph (c) involving an item of contraband
listed in paragraph (iv) of subsection (d)(4) is a Class X
felony for which the minimum term of imprisonment shall be 8
years. A violation of paragraph (c) involving an item of
contraband listed in paragraph (v), (ix) or (x) of subsection
(d)(4) is a Class X felony for which the minimum term of
imprisonment shall be 10 years. A violation of paragraph (c)
involving an item of contraband listed in paragraphs (vi),
(vii) or (viii) of subsection (d)(4) is a Class X felony for
which the minimum term of imprisonment shall be 12 years.
    (g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.