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91_HB0103
LRB9100599RCksA
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 Sec. 31A-1.1. Bringing Contraband into a Penal
9 Institution; Possessing Contraband in a Penal Institution.
10 (a) A person commits the offense of bringing contraband
11 into a penal institution when he knowingly and without
12 authority of any person designated or authorized to grant
13 such authority (1) brings an item of contraband into a penal
14 institution or (2) causes another to bring an item of
15 contraband into a penal institution or (3) places an item of
16 contraband in such proximity to a penal institution as to
17 give an inmate access to the contraband.
18 (b) A person commits the offense of possessing
19 contraband in a penal institution when he possesses
20 contraband in a penal institution, regardless of the intent
21 with which he possesses it.
22 (c) For the purposes of this Section, the words and
23 phrases listed below shall be defined as follows:
24 (1) "Penal institution" means any penitentiary,
25 State farm, reformatory, prison, jail, house of
26 correction, police detention area, half-way house or
27 other institution or place for the incarceration or
28 custody of persons under sentence for offenses awaiting
29 trial or sentence for offenses, under arrest for an
30 offense, a violation of probation, a violation of parole,
31 or a violation of mandatory supervised release, or
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1 awaiting a bail setting hearing or preliminary hearing;
2 provided that where the place for incarceration or
3 custody is housed within another public building this Act
4 shall not apply to that part of such building unrelated
5 to the incarceration or custody of persons.
6 (2) "Item of contraband" means any of the
7 following:
8 (i) "Alcoholic liquor" as such term is defined
9 in Section 1-3.05 of The Liquor Control Act of 1934
10 as such Act may be now or hereafter amended.
11 (ii) "Cannabis" as such term is defined in
12 subsection (a) of Section 3 of the "Cannabis Control
13 Act", approved August 16, 1971, as now or hereafter
14 amended.
15 (iii) "Controlled substance" as such term is
16 defined in the "Illinois Controlled Substances Act",
17 approved August 16, 1971, as now or hereafter
18 amended.
19 (iv) "Hypodermic syringe" or hypodermic
20 needle, or any instrument adapted for use of
21 controlled substances or cannabis by subcutaneous
22 injection.
23 (v) "Weapon" means any knife, dagger, dirk,
24 billy, razor, stiletto, broken bottle, or other
25 piece of glass which could be used as a dangerous
26 weapon. Such term includes any of the devices or
27 implements designated in subsections (a)(1), (a)(3)
28 and (a)(6) of Section 24-1 of this Act, or any other
29 dangerous weapon or instrument of like character.
30 (vi) "Firearm" means any device, by whatever
31 name known, which is designed to expel a projectile
32 or projectiles by the action of an explosion,
33 expansion of gas or escape of gas, including but not
34 limited to:
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1 (A) any pneumatic gun, spring gun, or B-B
2 gun which expels a single globular projectile
3 not exceeding .18 inch in diameter, or;
4 (B) any device used exclusively for
5 signaling or safety and required as recommended
6 by the United States Coast Guard or the
7 Interstate Commerce Commission; or
8 (C) any device used exclusively for the
9 firing of stud cartridges, explosive rivets or
10 industrial ammunition; or
11 (D) any device which is powered by
12 electrical charging units, such as batteries,
13 and which fires one or several barbs attached
14 to a length of wire and which, upon hitting a
15 human, can send out current capable of
16 disrupting the person's nervous system in such
17 a manner as to render him incapable of normal
18 functioning, commonly referred to as a stun gun
19 or taser.
20 (vii) "Firearm ammunition" means any
21 self-contained cartridge or shotgun shell, by
22 whatever name known, which is designed to be used or
23 adaptable to use in a firearm, including but not
24 limited to:
25 (A) any ammunition exclusively designed
26 for use with a device used exclusively for
27 signaling or safety and required or recommended
28 by the United States Coast Guard or the
29 Interstate Commerce Commission; or
30 (B) any ammunition designed exclusively
31 for use with a stud or rivet driver or other
32 similar industrial ammunition.
33 (viii) "Explosive" means, but is not limited
34 to, bomb, bombshell, grenade, bottle or other
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1 container containing an explosive substance of over
2 one-quarter ounce for like purposes such as black
3 powder bombs and Molotov cocktails or artillery
4 projectiles.
5 (ix) "Tool to defeat security mechanisms"
6 means, but is not limited to, handcuff or security
7 restraint key, tool designed to pick locks, or
8 device or instrument capable of unlocking handcuff
9 or security restraints, doors to cells, rooms, gates
10 or other areas of the penal institution.
11 (x) "Cutting tool" means, but is not limited
12 to, hacksaw blade, wirecutter, or device, instrument
13 or file capable of cutting through metal.
14 (xi) "Electronic contraband" means, but is not
15 limited to, any electronic, video recording device,
16 computer, or cellular communications equipment,
17 including, but not limited to, cellular telephones,
18 cellular telephone batteries, videotape recorders,
19 pagers, computers, and computer peripheral equipment
20 brought into or possessed in a penal institution
21 without the written authorization of the Chief
22 Administrative Officer.
23 (xii) "Cigarette" means any roll for smoking
24 made wholly or in part of tobacco irrespective of
25 size or shape and whether or not such tobacco is
26 flavored, adulterated or mixed with any other
27 ingredient, and the wrapper or cover of which is
28 made of paper or any other substance or material
29 except tobacco.
30 (xiii) "Tobacco products" means any cigars;
31 cheroots; stogies; periques; granulated, plug cut,
32 crimp cut, ready rubbed, and other smoking tobacco;
33 snuff or snuff flour; cavendish; plug and twist
34 tobacco; fine-cut and other chewing tobacco; shorts;
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1 refuse scraps, clippings, cuttings and sweeping of
2 tobacco; and other kinds and forms of tobacco,
3 prepared in such manner as to be suitable for
4 chewing or smoking in a pipe or otherwise, or both
5 for chewing and smoking.
6 (d) Bringing alcoholic liquor into a penal institution
7 is a Class 4 felony. Possessing alcoholic liquor in a penal
8 institution is a Class 4 felony.
9 (d-5) Bringing cigarettes or tobacco products into a
10 penal institution is a Class A misdemeanor. Possessing
11 cigarettes or tobacco products in a penal institution is a
12 Class A misdemeanor. For purposes of this subsection (d-5),
13 "penal institution" means a prison or penitentiary.
14 (e) Bringing cannabis into a penal institution is a
15 Class 3 felony. Possessing cannabis in a penal institution
16 is a Class 3 felony.
17 (f) Bringing any amount of a controlled substance
18 classified in Schedules III, IV or V of Article II of the
19 Controlled Substance Act into a penal institution is a Class
20 2 felony. Possessing any amount of a controlled substance
21 classified in Schedule III, IV, or V of Article II of the
22 Controlled Substance Act in a penal institution is a Class 2
23 felony.
24 (g) Bringing any amount of a controlled substance
25 classified in Schedules I or II of Article II of the
26 Controlled Substance Act into a penal institution is a Class
27 1 felony. Possessing any amount of a controlled substance
28 classified in Schedules I or II of Article II of the
29 Controlled Substance Act in a penal institution is a Class 1
30 felony.
31 (h) Bringing an item of contraband listed in paragraph
32 (iv) of subsection (c)(2) into a penal institution is a Class
33 1 felony. Possessing an item of contraband listed in
34 paragraph (iv) of subsection (c)(2) in a penal institution is
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1 a Class 1 felony.
2 (i) Bringing an item of contraband listed in paragraph
3 (v), (ix), (x), or (xi) of subsection (c)(2) into a penal
4 institution is a Class 1 felony. Possessing an item of
5 contraband listed in paragraph (v), (ix), (x), or (xi) of
6 subsection (c)(2) in a penal institution is a Class 1 felony.
7 (j) Bringing an item of contraband listed in paragraphs
8 (vi), (vii) or (viii) of subsection (c)(2) in a penal
9 institution is a Class X felony. Possessing an item of
10 contraband listed in paragraphs (vi), (vii), or (viii) of
11 subsection (c)(2) in a penal institution is a Class X felony.
12 (k) It shall be an affirmative defense to subsection (b)
13 hereof, that such possession was specifically authorized by
14 rule, regulation, or directive of the governing authority of
15 the penal institution or order issued pursuant thereto.
16 (l) It shall be an affirmative defense to subsection
17 (a)(1) and subsection (b) hereof that the person bringing
18 into or possessing contraband in a penal institution had been
19 arrested, and that that person possessed such contraband at
20 the time of his arrest, and that such contraband was brought
21 into or possessed in the penal institution by that person as
22 a direct and immediate result of his arrest.
23 (m) Items confiscated may be retained for use by the
24 Department of Corrections or disposed of as deemed
25 appropriate by the Chief Administrative Officer in accordance
26 with Department rules or disposed of as required by law.
27 (n) It is not a violation of subsection (d-5) for an
28 inmate in a penal institution to possess cigarettes or
29 tobacco products in the performance of his or her employment
30 in a correctional industries program.
31 (o) It is not a violation of this Section for an
32 employee of a penal institution to possess cigarettes or
33 tobacco products.
34 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
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1 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
2 Sec. 31A-1.2. Unauthorized bringing of contraband into a
3 penal institution by an employee; unauthorized possessing of
4 contraband in a penal institution by an employee;
5 unauthorized delivery of contraband in a penal institution by
6 an employee.
7 (a) A person commits the offense of unauthorized
8 bringing of contraband into a penal institution by an
9 employee when a person who is an employee knowingly and
10 without authority or any person designated or authorized to
11 grant such authority:
12 (1) brings or attempts to bring an item of
13 contraband listed in paragraphs (i) through (iv) of
14 subsection (d)(4) into a penal institution, or
15 (2) causes or permits another to bring an item of
16 contraband listed in paragraphs (i) through (iv) of
17 subsection (d)(4) into a penal institution.
18 (b) A person commits the offense of unauthorized
19 possession of contraband in a penal institution by an
20 employee when a person who is an employee knowingly and
21 without authority of any person designated or authorized to
22 grant such authority possesses contraband listed in
23 paragraphs (i) through (iv) of subsection (d)(4) in a penal
24 institution, regardless of the intent with which he possesses
25 it.
26 (c) A person commits the offense of unauthorized
27 delivery of contraband in a penal institution by an employee
28 when a person who is an employee knowingly and without
29 authority of any person designated or authorized to grant
30 such authority:
31 (1) delivers or possesses with intent to deliver an
32 item of contraband to any inmate of a penal institution,
33 or
34 (2) conspires to deliver or solicits the delivery
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1 of an item of contraband to any inmate of a penal
2 institution, or
3 (3) causes or permits the delivery of an item of
4 contraband to any inmate of a penal institution, or
5 (4) permits another person to attempt to deliver an
6 item of contraband to any inmate of a penal institution.
7 (d) For purpose of this Section, the words and phrases
8 listed below shall be defined as follows:
9 (1) "Penal Institution" shall have the meaning
10 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
11 this Code;
12 (2) "Employee" means any elected or appointed
13 officer, trustee or employee of a penal institution or of
14 the governing authority of the penal institution, or any
15 person who performs services for the penal institution
16 pursuant to contract with the penal institution or its
17 governing authority.
18 (3) "Deliver" or "delivery" means the actual,
19 constructive or attempted transfer of possession of an
20 item of contraband, with or without consideration,
21 whether or not there is an agency relationship;
22 (4) "Item of contraband" means any of the
23 following:
24 (i) "Alcoholic liquor" as such term is defined
25 in Section 1-3.05 of the Liquor Control Act of 1934.
26 (ii) "Cannabis" as such term is defined in
27 subsection (a) of Section 3 of the Cannabis Control
28 Act.
29 (iii) "Controlled substance" as such term is
30 defined in the Illinois Controlled Substances
31 Substance Act.
32 (iv) "Hypodermic syringe" or hypodermic
33 needle, or any instrument adapted for use of
34 controlled substances or cannabis by subcutaneous
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1 injection.
2 (v) "Weapon" means any knife, dagger, dirk,
3 billy, razor, stiletto, broken bottle, or other
4 piece of glass which could be used as a dangerous
5 weapon. Such term includes any of the devices or
6 implements designated in subsections (a)(1), (a)(3)
7 and (a)(6) of Section 24-1 of this Act, or any other
8 dangerous weapon or instrument of like character.
9 (vi) "Firearm" means any device, by whatever
10 name known, which is designed to expel a projectile
11 or projectiles by the action of an explosion,
12 expansion of gas or escape of gas, including but not
13 limited to:
14 (A) any pneumatic gun, spring gun, or B-B
15 gun which expels a single globular projectile
16 not exceeding .18 inch in diameter; or
17 (B) any device used exclusively for
18 signaling or safety and required or recommended
19 by the United States Coast Guard or the
20 Interstate Commerce Commission; or
21 (C) any device used exclusively for the
22 firing of stud cartridges, explosive rivets or
23 industrial ammunition; or
24 (D) any device which is powered by
25 electrical charging units, such as batteries,
26 and which fires one or several barbs attached
27 to a length of wire and which, upon hitting a
28 human, can send out current capable of
29 disrupting the person's nervous system in such
30 a manner as to render him incapable of normal
31 functioning, commonly referred to as a stun gun
32 or taser.
33 (vii) "Firearm ammunition" means any
34 self-contained cartridge or shotgun shell, by
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1 whatever name known, which is designed to be used or
2 adaptable to use in a firearm, including but not
3 limited to:
4 (A) any ammunition exclusively designed
5 for use with a device used exclusively for
6 signaling or safety and required or recommended
7 by the United States Coast Guard or the
8 Interstate Commerce Commission; or
9 (B) any ammunition designed exclusively
10 for use with a stud or rivet driver or other
11 similar industrial ammunition.
12 (viii) "Explosive" means, but is not limited
13 to, bomb, bombshell, grenade, bottle or other
14 container containing an explosive substance of over
15 one-quarter ounce for like purposes such as black
16 powder bombs and Molotov cocktails or artillery
17 projectiles.
18 (ix) "Tool to defeat security mechanisms"
19 means, but is not limited to, handcuff or security
20 restraint key, tool designed to pick locks, or
21 device or instrument capable of unlocking handcuff
22 or security restraints, doors to cells, rooms, gates
23 or other areas of the penal institution.
24 (x) "Cutting tool" means, but is not limited
25 to, hacksaw blade, wirecutter, or device, instrument
26 or file capable of cutting through metal.
27 (xi) "Electronic contraband" means, but is not
28 limited to, any electronic, video recording device,
29 computer, or cellular communications equipment,
30 including, but not limited to, cellular telephones,
31 cellular telephone batteries, videotape recorders,
32 pagers, computers, and computer peripheral
33 equipment.
34 (xii) "Cigarette" has the meaning ascribed to
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1 it in subparagraph (xii) of paragraph (2) of
2 subsection (c) of Section 31A-1.1.
3 (xiii) "Tobacco products" has the meaning
4 ascribed to it in subparagraph (xiii) of paragraph
5 (2) of subsection (c) of Section 31A-1.1.
6 (e) A violation of paragraphs (a) or (b) of this Section
7 involving alcohol is a Class 4 felony. A violation of
8 paragraph (a) or (b) of this Section involving cannabis is a
9 Class 2 felony. A violation of paragraph (a) or (b)
10 involving any amount of a controlled substance classified in
11 Schedules III, IV or V of Article II of the Illinois
12 Controlled Substances Act is a Class 1 felony. A violation
13 of paragraph (a) or (b) of this Section involving any amount
14 of a controlled substance classified in Schedules I or II of
15 Article II of the Illinois Controlled Substances Act is a
16 Class X felony. A violation of paragraph (a) or (b)
17 involving an item of contraband listed in paragraph (iv) of
18 subsection (d)(4) is a Class X felony. A violation of
19 paragraph (a) or (b) involving an item of contraband listed
20 in paragraph (v) or (xi) of subsection (d)(4) is a Class 1
21 felony. A violation of paragraph (a) or (b) involving an
22 item of contraband listed in paragraphs (vi), (vii) or (viii)
23 of subsection (d)(4) is a Class X felony.
24 (f) A violation of paragraph (c) of this Section
25 involving alcoholic liquor is a Class 3 felony. A violation
26 of paragraph (c) of this Section in a prison or penitentiary
27 involving cigarettes or tobacco products is a Class A
28 misdemeanor. A violation of paragraph (c) involving cannabis
29 is a Class 1 felony. A violation of paragraph (c) involving
30 any amount of a controlled substance classified in Schedules
31 III, IV or V of Article II of the Illinois Controlled
32 Substances Act is a Class X felony. A violation of paragraph
33 (c) involving any amount of a controlled substance classified
34 in Schedules I or II of Article II of the Illinois Controlled
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1 Substances Act is a Class X felony for which the minimum term
2 of imprisonment shall be 8 years. A violation of paragraph
3 (c) involving an item of contraband listed in paragraph (iv)
4 of subsection (d)(4) is a Class X felony for which the
5 minimum term of imprisonment shall be 8 years. A violation
6 of paragraph (c) involving an item of contraband listed in
7 paragraph (v), (ix) or (x) of subsection (d)(4) is a Class X
8 felony for which the minimum term of imprisonment shall be 10
9 years. A violation of paragraph (c) involving an item of
10 contraband listed in paragraphs (vi), (vii) or (viii) of
11 subsection (d)(4) is a Class X felony for which the minimum
12 term of imprisonment shall be 12 years.
13 (g) Items confiscated may be retained for use by the
14 Department of Corrections or disposed of as deemed
15 appropriate by the Chief Administrative Officer in accordance
16 with Department rules or disposed of as required by law.
17 (Source: P.A. 89-688, eff. 6-1-97; 90-655, eff. 7-30-98.
18 revised 10-31-98.)