Illinois General Assembly - Full Text of Public Act 095-0962
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Public Act 095-0962


 

Public Act 0962 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0962
 
SB1975 Enrolled LRB095 18740 RLC 44853 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 31A-1.2 as follows:
 
    (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.
    For a violation of subsection (a) or (b) involving a
cellular telephone or cellular telephone battery, the
defendant must intend to provide the cellular telephone or
cellular telephone battery to any inmate in a penal
institution, or to use the cellular telephone or cellular
telephone battery at the direction of an inmate or for the
benefit of any inmate of a penal institution.
    (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.
    (h) For a violation of subsection (a) or (b) involving
items described in clause (i), (v), (vi), (vii), (ix), (x), or
(xi) of paragraph (4) of subsection (d), such items shall not
be considered to be in a penal institution when they are
secured in an employee's locked, private motor vehicle parked
on the grounds of a penal institution.
(Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)

Effective Date: 1/1/2009