Illinois General Assembly - Full Text of HB0133
Illinois General Assembly

Previous General Assemblies

Full Text of HB0133  93rd General Assembly

HB0133 93rd General Assembly


093_HB0133

 
                                     LRB093 03476 RLC 03504 b

 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 Section 31A-1.1 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; Possessing Contraband in a Penal Institution.
 9        (a)  A person commits the offense of bringing  contraband
10    into  a  penal  institution  when  he  knowingly  and without
11    authority of any person designated  or  authorized  to  grant
12    such  authority (1) brings an item of contraband into a penal
13    institution or  (2)  causes  another  to  bring  an  item  of
14    contraband  into a penal institution or (3) places an item of
15    contraband in such proximity to a  penal  institution  as  to
16    give an inmate access to the contraband.
17        (b)  A   person   commits   the   offense  of  possessing
18    contraband  in  a  penal  institution   when   he   possesses
19    contraband  in  a penal institution, regardless of the intent
20    with which he possesses it.
21        (c)  For the purposes of  this  Section,  the  words  and
22    phrases listed below shall be defined as follows:
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;
 
                            -2-      LRB093 03476 RLC 03504 b
 1        provided  that  where  the  place  for  incarceration  or
 2        custody is housed within another public building this Act
 3        shall  not  apply to that part of such building unrelated
 4        to  the  incarceration  or  custody  of  persons.  "Penal
 5        institution" includes visitors' parking lots of the penal
 6        institution.
 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-      LRB093 03476 RLC 03504 b
 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-      LRB093 03476 RLC 03504 b
 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                  (xi)  "Electronic contraband" means, but is not
16             limited  to, any electronic, video recording device,
17             computer,  or  cellular  communications   equipment,
18             including,  but not limited to, cellular telephones,
19             cellular telephone batteries,  videotape  recorders,
20             pagers, computers, and computer peripheral equipment
21             brought  into  or  possessed  in a penal institution
22             without  the  written  authorization  of  the  Chief
23             Administrative Officer.
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        (e)  Bringing cannabis into  a  penal  institution  is  a
28    Class  3  felony.  Possessing cannabis in a penal institution
29    is a Class 3 felony.
30        (f)  Bringing  any  amount  of  a  controlled   substance
31    classified  in  Schedules  III,  IV or V of Article II of the
32    Controlled Substance Act into a penal institution is a  Class
33    2  felony.   Possessing  any amount of a controlled substance
34    classified in Schedule III, IV, or V of  Article  II  of  the
 
                            -5-      LRB093 03476 RLC 03504 b
 1    Controlled  Substance Act in a penal institution is a Class 2
 2    felony.
 3        (g)  Bringing  any  amount  of  a  controlled   substance
 4    classified  in  Schedules  I  or  II  of  Article  II  of the
 5    Controlled Substance Act into a penal institution is a  Class
 6    1  felony.   Possessing  any amount of a controlled substance
 7    classified in  Schedules  I  or  II  of  Article  II  of  the
 8    Controlled  Substance Act in a penal institution is a Class 1
 9    felony.
10        (h)  Bringing an item of contraband listed  in  paragraph
11    (iv) of subsection (c)(2) into a penal institution is a Class
12    1  felony.   Possessing  an  item  of  contraband  listed  in
13    paragraph (iv) of subsection (c)(2) in a penal institution is
14    a Class 1 felony.
15        (i)  Bringing  an  item of contraband listed in paragraph
16    (v), (ix), (x), or (xi) of subsection  (c)(2)  into  a  penal
17    institution  is  a  Class  1  felony.   Possessing an item of
18    contraband listed in paragraph (v), (ix),  (x),  or  (xi)  of
19    subsection (c)(2) in a penal institution is a Class 1 felony.
20        (j)  Bringing  an item of contraband listed in paragraphs
21    (vi), (vii)  or  (viii)  of  subsection  (c)(2)  in  a  penal
22    institution  is  a  Class  X  felony.   Possessing an item of
23    contraband listed in paragraphs (vi),  (vii),  or  (viii)  of
24    subsection (c)(2) in a penal institution is a Class X felony.
25        (k)  It shall be an affirmative defense to subsection (b)
26    hereof,  that  such possession was specifically authorized by
27    rule, regulation, or directive of the governing authority  of
28    the penal institution or order issued pursuant thereto.
29        (l)  It  shall  be  an  affirmative defense to subsection
30    (a)(1) and subsection (b) hereof  that  the  person  bringing
31    into or possessing contraband in a penal institution had been
32    arrested,  and  that that person possessed such contraband at
33    the time of his arrest, and that such contraband was  brought
34    into  or possessed in the penal institution by that person as
 
                            -6-      LRB093 03476 RLC 03504 b
 1    a direct and immediate result of his arrest.
 2        (m)  Items confiscated may be retained  for  use  by  the
 3    Department   of   Corrections   or   disposed  of  as  deemed
 4    appropriate by the Chief Administrative Officer in accordance
 5    with Department rules or disposed of as required by law.
 6    (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)