103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5132

 

Introduced 2/8/2024, by Rep. Dave Severin - Patrick Windhorst - David Friess

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31A-0.1
720 ILCS 5/31A-1.1  from Ch. 38, par. 31A-1.1
720 ILCS 5/31A-1.2  from Ch. 38, par. 31A-1.2
720 ILCS 5/31A-1.3 new
720 ILCS 5/31A-1.4 new

    Amends the Criminal Code of 2012 concerning the Interference With Penal Institution Article of the Code. Provides that in addition to any other penalty provided by law, an additional one year of imprisonment shall be added to the sentence of a person who commits bringing contraband into a penal institution or unauthorized bringing or delivery of contraband into a penal institution by an employee by using an unmanned aerial vehicle. Provides that a person who knowingly and intentionally operates an unmanned aerial vehicle below the navigable airspace overlying a State penal institution is guilty of a Class A misdemeanor. Provides that this provision does not apply to an employee who operates the unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to operate the unmanned aerial vehicle. Provides that a person who knowingly and intentionally captures images or data of a State penal institution through the operation of an unmanned aerial vehicle is guilty of a Class 4 felony. Provides that this provision does not apply to an employee who captures images or data of a State penal institution through the operation of an unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to capture images or data of a State penal institution through the operation of an unmanned aerial vehicle. Defines "State penal institution" and "unmanned aerial vehicle".


LRB103 36012 RLC 66099 b

 

 

A BILL FOR

 

HB5132LRB103 36012 RLC 66099 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 31A-0.1, 31A-1.1, and 31A-1.2 and by adding
6Sections 31A-1.3 and 31A-1.4 as follows:
 
7    (720 ILCS 5/31A-0.1)
8    Sec. 31A-0.1. Definitions. For the purposes of this
9Article:
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband,
12with or without consideration, whether or not there is an
13agency relationship.
14    "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the penal institution or its governing authority.
19    "Item of contraband" means any of the following:
20        (i) "Alcoholic liquor" as that term is defined in
21    Section 1-3.05 of the Liquor Control Act of 1934.
22        (ii) "Cannabis" as that term is defined in subsection
23    (a) of Section 3 of the Cannabis Control Act.

 

 

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1        (iii) "Controlled substance" as that term is defined
2    in the Illinois Controlled Substances Act.
3        (iii-a) "Methamphetamine" as that term is defined in
4    the Illinois Controlled Substances Act or the
5    Methamphetamine Control and Community Protection Act.
6        (iv) "Hypodermic syringe" or hypodermic needle, or any
7    instrument adapted for use of controlled substances or
8    cannabis by subcutaneous injection.
9        (v) "Weapon" means any knife, dagger, dirk, billy,
10    razor, stiletto, broken bottle, or other piece of glass
11    which could be used as a dangerous weapon. This term
12    includes any of the devices or implements designated in
13    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
14    this Code, or any other dangerous weapon or instrument of
15    like character.
16        (vi) "Firearm" means any device, by whatever name
17    known, which is designed to expel a projectile or
18    projectiles by the action of an explosion, expansion of
19    gas or escape of gas, including but not limited to:
20            (A) any pneumatic gun, spring gun, or B-B gun
21        which expels a single globular projectile not
22        exceeding .18 inch in diameter; or
23            (B) any device used exclusively for signaling or
24        safety and required as recommended by the United
25        States Coast Guard or the Interstate Commerce
26        Commission; or

 

 

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1            (C) any device used exclusively for the firing of
2        stud cartridges, explosive rivets or industrial
3        ammunition; or
4            (D) any device which is powered by electrical
5        charging units, such as batteries, and which fires one
6        or several barbs attached to a length of wire and
7        which, upon hitting a human, can send out current
8        capable of disrupting the person's nervous system in
9        such a manner as to render him or her incapable of
10        normal functioning, commonly referred to as a stun gun
11        or taser.
12        (vii) "Firearm ammunition" means any self-contained
13    cartridge or shotgun shell, by whatever name known, which
14    is designed to be used or adaptable to use in a firearm,
15    including but not limited to:
16            (A) any ammunition exclusively designed for use
17        with a device used exclusively for signaling or safety
18        and required or recommended by the United States Coast
19        Guard or the Interstate Commerce Commission; or
20            (B) any ammunition designed exclusively for use
21        with a stud or rivet driver or other similar
22        industrial ammunition.
23        (viii) "Explosive" means, but is not limited to, bomb,
24    bombshell, grenade, bottle or other container containing
25    an explosive substance of over one-quarter ounce for like
26    purposes such as black powder bombs and Molotov cocktails

 

 

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1    or artillery projectiles.
2        (ix) "Tool to defeat security mechanisms" means, but
3    is not limited to, handcuff or security restraint key,
4    tool designed to pick locks, popper, or any device or
5    instrument used to or capable of unlocking or preventing
6    from locking any handcuff or security restraints, doors to
7    cells, rooms, gates or other areas of the penal
8    institution.
9        (x) "Cutting tool" means, but is not limited to,
10    hacksaw blade, wirecutter, or device, instrument or file
11    capable of cutting through metal.
12        (xi) "Electronic contraband" for the purposes of
13    Section 31A-1.1 of this Article means, but is not limited
14    to, any electronic, video recording device, computer, or
15    cellular communications equipment, including, but not
16    limited to, cellular telephones, cellular telephone
17    batteries, videotape recorders, pagers, computers, and
18    computer peripheral equipment brought into or possessed in
19    a penal institution without the written authorization of
20    the Chief Administrative Officer. "Electronic contraband"
21    for the purposes of Section 31A-1.2 of this Article,
22    means, but is not limited to, any electronic, video
23    recording device, computer, or cellular communications
24    equipment, including, but not limited to, cellular
25    telephones, cellular telephone batteries, videotape
26    recorders, pagers, computers, and computer peripheral

 

 

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1    equipment.
2    "Penal institution" means any penitentiary, State farm,
3reformatory, prison, jail, house of correction, police
4detention area, half-way house or other institution or place
5for the incarceration or custody of persons under sentence for
6offenses awaiting trial or sentence for offenses, under arrest
7for an offense, a violation of probation, a violation of
8parole, a violation of aftercare release, or a violation of
9mandatory supervised release, or awaiting a hearing on the
10setting of conditions of pretrial release or preliminary
11hearing; provided that where the place for incarceration or
12custody is housed within another public building this Article
13shall not apply to that part of the building unrelated to the
14incarceration or custody of persons.
15    "State penal institution" means a facility or institution
16of the Department of Corrections.
17    "Unmanned aerial vehicle" means an unmanned aircraft or
18drone and its associated elements, including, but not limited
19to, communication links and the components that control the
20unmanned aircraft that are required for the pilot in command
21to operate safely and efficiently in the national airspace
22system.
23(Source: P.A. 101-652, eff. 1-1-23.)
 
24    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
25    Sec. 31A-1.1. Bringing Contraband into a Penal

 

 

HB5132- 6 -LRB103 36012 RLC 66099 b

1Institution; Possessing Contraband in a Penal Institution.
2    (a) A person commits bringing contraband into a penal
3institution when he or she knowingly and without authority of
4any person designated or authorized to grant this authority
5(1) brings an item of contraband into a penal institution or
6(2) causes another to bring an item of contraband into a penal
7institution or (3) places an item of contraband in such
8proximity to a penal institution as to give an inmate access to
9the contraband.
10    (b) A person commits possessing contraband in a penal
11institution when he or she knowingly possesses contraband in a
12penal institution, regardless of the intent with which he or
13she possesses it.
14    (c) (Blank).
15    (d) Sentence.
16        (1) Bringing into or possessing alcoholic liquor in a
17    penal institution is a Class 4 felony.
18        (2) Bringing into or possessing cannabis in a penal
19    institution is a Class 3 felony.
20        (3) Bringing into or possessing any amount of a
21    controlled substance classified in Schedules III, IV or V
22    of Article II of the Illinois Controlled Substances Act in
23    a penal institution is a Class 2 felony.
24        (4) Bringing into or possessing any amount of a
25    controlled substance classified in Schedules I or II of
26    Article II of the Illinois Controlled Substances Act in a

 

 

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1    penal institution is a Class 1 felony.
2        (5) Bringing into or possessing a hypodermic syringe
3    in a penal institution is a Class 1 felony.
4        (6) Bringing into or possessing a weapon, tool to
5    defeat security mechanisms, cutting tool, or electronic
6    contraband in a penal institution is a Class 1 felony.
7        (7) Bringing into or possessing a firearm, firearm
8    ammunition, or explosive in a penal institution is a Class
9    X felony.
10        (8) If a person commits bringing contraband into a
11    penal institution by use of an unmanned aerial vehicle, in
12    addition to any other penalty provided in this subsection
13    (d), one year of imprisonment shall be added to the
14    sentence imposed by the court.
15    (e) It shall be an affirmative defense to subsection (b),
16that the possession was specifically authorized by rule,
17regulation, or directive of the governing authority of the
18penal institution or order issued under it.
19    (f) It shall be an affirmative defense to subsection
20(a)(1) and subsection (b) that the person bringing into or
21possessing contraband in a penal institution had been
22arrested, and that person possessed the contraband at the time
23of his or her arrest, and that the contraband was brought into
24or possessed in the penal institution by that person as a
25direct and immediate result of his or her arrest.
26    (g) Items confiscated may be retained for use by the

 

 

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1Department of Corrections or disposed of as deemed appropriate
2by the Chief Administrative Officer in accordance with
3Department rules or disposed of as required by law.
4(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
 
5    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
6    Sec. 31A-1.2. Unauthorized bringing of contraband into a
7penal institution by an employee; unauthorized possessing of
8contraband in a penal institution by an employee; unauthorized
9delivery of contraband in a penal institution by an employee.
10    (a) A person commits unauthorized bringing of contraband
11into a penal institution by an employee when a person who is an
12employee knowingly and without authority of any person
13designated or authorized to grant this authority:
14        (1) brings or attempts to bring an item of contraband
15    into a penal institution, or
16        (2) causes or permits another to bring an item of
17    contraband into a penal institution.
18    (b) A person commits unauthorized possession of contraband
19in a penal institution by an employee when a person who is an
20employee knowingly and without authority of any person
21designated or authorized to grant this authority possesses an
22item of contraband in a penal institution, regardless of the
23intent with which he or she possesses it.
24    (c) A person commits unauthorized delivery of contraband
25in a penal institution by an employee when a person who is an

 

 

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1employee knowingly and without authority of any person
2designated or authorized to grant this authority:
3        (1) delivers or possesses with intent to deliver an
4    item of contraband to any inmate of a penal institution,
5    or
6        (2) conspires to deliver or solicits the delivery of
7    an item of contraband to any inmate of a penal
8    institution, or
9        (3) causes or permits the delivery of an item of
10    contraband to any inmate of a penal institution, or
11        (4) permits another person to attempt to deliver an
12    item of contraband to any inmate of a penal institution.
13    (d) For a violation of subsection (a) or (b) involving a
14cellular telephone or cellular telephone battery, the
15defendant must intend to provide the cellular telephone or
16cellular telephone battery to any inmate in a penal
17institution, or to use the cellular telephone or cellular
18telephone battery at the direction of an inmate or for the
19benefit of any inmate of a penal institution.
20    (e) Sentence.
21        (1) A violation of paragraphs (a) or (b) of this
22    Section involving alcohol is a Class 4 felony. A violation
23    of paragraph (a) or (b) of this Section involving cannabis
24    is a Class 2 felony. A violation of paragraph (a) or (b)
25    involving any amount of a controlled substance classified
26    in Schedules III, IV or V of Article II of the Illinois

 

 

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1    Controlled Substances Act is a Class 1 felony. A violation
2    of paragraph (a) or (b) of this Section involving any
3    amount of a controlled substance classified in Schedules I
4    or II of Article II of the Illinois Controlled Substances
5    Act is a Class X felony. A violation of paragraph (a) or
6    (b) involving a hypodermic syringe is a Class X felony. A
7    violation of paragraph (a) or (b) involving a weapon, tool
8    to defeat security mechanisms, cutting tool, or electronic
9    contraband is a Class 1 felony. A violation of paragraph
10    (a) or (b) involving a firearm, firearm ammunition, or
11    explosive is a Class X felony.
12        (2) A violation of paragraph (c) of this Section
13    involving alcoholic liquor is a Class 3 felony. A
14    violation of paragraph (c) involving cannabis is a Class 1
15    felony. A violation of paragraph (c) involving any amount
16    of a controlled substance classified in Schedules III, IV
17    or V of Article II of the Illinois Controlled Substances
18    Act is a Class X felony. A violation of paragraph (c)
19    involving any amount of a controlled substance classified
20    in Schedules I or II of Article II of the Illinois
21    Controlled Substances Act is a Class X felony for which
22    the minimum term of imprisonment shall be 8 years. A
23    violation of paragraph (c) involving a hypodermic syringe
24    is a Class X felony for which the minimum term of
25    imprisonment shall be 8 years. A violation of paragraph
26    (c) involving a weapon, tool to defeat security

 

 

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1    mechanisms, cutting tool, or electronic contraband is a
2    Class X felony for which the minimum term of imprisonment
3    shall be 10 years. A violation of paragraph (c) involving
4    a firearm, firearm ammunition, or explosive is a Class X
5    felony for which the minimum term of imprisonment shall be
6    12 years.
7        (3) If a person violates this Section by use of an
8    unmanned aerial vehicle, in addition to any other penalty
9    provided in this subsection (e), one year of imprisonment
10    shall be added to the sentence imposed by the court.
11    (f) Items confiscated may be retained for use by the
12Department of Corrections or disposed of as deemed appropriate
13by the Chief Administrative Officer in accordance with
14Department rules or disposed of as required by law.
15    (g) For a violation of subsection (a) or (b) involving
16alcoholic liquor, a weapon, firearm, firearm ammunition, tool
17to defeat security mechanisms, cutting tool, or electronic
18contraband, the items shall not be considered to be in a penal
19institution when they are secured in an employee's locked,
20private motor vehicle parked on the grounds of a penal
21institution.
22(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;
2396-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff.
241-1-13.)
 
25    (720 ILCS 5/31A-1.3 new)

 

 

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1    Sec. 31A-1.3. Operating an unmanned aerial vehicle below
2the navigable airspace overlying a State penal institution.
3    (a) Except as provided in subsection (b) of this Section,
4a person commits operating an unmanned aerial vehicle below
5the navigable airspace overlying a State penal institution
6when he or she knowingly and intentionally operates an
7unmanned aerial vehicle below the navigable airspace, as
8defined in 49 U.S.C. 40102, overlying a State penal
9institution.
10    (b) This Section does not apply to an employee who
11operates the unmanned aerial vehicle within the scope of his
12or her employment, or a person who receives prior permission
13from the penal institution to operate the unmanned aerial
14vehicle.
15    (c) Sentence. A violation of this Section is a Class A
16misdemeanor.
 
17    (720 ILCS 5/31A-1.4 new)
18    Sec. 31A-1.4. Capturing images or data of a State penal
19institution through the operation of an unmanned aerial
20vehicle.
21    (a) Except as provided in subsection (b) of this Section,
22a person commits capturing images or data of a State penal
23institution through the operation of an unmanned aerial
24vehicle when he or she knowingly and intentionally captures
25images or data of a State penal institution through the

 

 

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1operation of an unmanned aerial vehicle.
2    (b) This Section does not apply to an employee who
3captures images or data of a State penal institution through
4the operation of an unmanned aerial vehicle within the scope
5of his or her employment, or a person who receives prior
6permission from the penal institution to capture images or
7data of a State penal institution through the operation of an
8unmanned aerial vehicle.
9    (c) Sentence. A violation of this Section is a Class 4
10felony.