Rep. John E. Bradley

Filed: 3/15/2005

 

 


 

 


 
09400HB2412ham002 LRB094 08327 RLC 43888 a

1
AMENDMENT TO HOUSE BILL 2412

2     AMENDMENT NO. ______. Amend House Bill 2412, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Criminal Code of 1961 is amended by
6 re-enacting in their entirety and changing Sections 31A-1.1 and
7 31A-1.2 as follows:
 
8     (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
9     Sec. 31A-1.1. Bringing Contraband into a Penal
10 Institution; Possessing Contraband in a Penal Institution.
11     (a) A person commits the offense of bringing contraband
12 into a penal institution when he knowingly and without
13 authority of any person designated or authorized to grant such
14 authority (1) brings an item of contraband into a penal
15 institution or (2) causes another to bring an item of
16 contraband into a penal institution or (3) places an item of
17 contraband in such proximity to a penal institution as to give
18 an inmate access to the contraband.
19     (b) A person commits the offense of possessing contraband
20 in a penal institution when he possesses contraband in a penal
21 institution, regardless of the intent with which he possesses
22 it.
23     (c) For the purposes of this Section, the words and phrases
24 listed below shall be defined as follows:

 

 

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1         (1) "Penal institution" for the purposes of items of
2     contraband specified in clauses (i) through (xi) of
3     subsection (c)(2) means any penitentiary, State farm,
4     reformatory, prison, jail, house of correction, police
5     detention area, half-way house or other institution or
6     place for the incarceration or custody of persons under
7     sentence for offenses awaiting trial or sentence for
8     offenses, under arrest for an offense, a violation of
9     probation, a violation of parole, or a violation of
10     mandatory supervised release, or awaiting a bail setting
11     hearing or preliminary hearing; provided that where the
12     place for incarceration or custody is housed within another
13     public building this Act shall not apply to that part of
14     such building unrelated to the incarceration or custody of
15     persons. "Penal institution" for purposes of items of
16     contraband specified in paragraph (xii) of subsection
17     (c)(2) means an institution or facility of the Juvenile
18     Division of the Illinois Department of Corrections that
19     houses minors who have been adjudicated delinquent.
20         (2) "Item of contraband" means any of the following:
21             (i) "Alcoholic liquor" as such term is defined in
22         Section 1-3.05 of The Liquor Control Act of 1934 as
23         such Act may be now or hereafter amended.
24             (ii) "Cannabis" as such term is defined in
25         subsection (a) of Section 3 of the "Cannabis Control
26         Act", approved August 16, 1971, as now or hereafter
27         amended.
28             (iii) "Controlled substance" as such term is
29         defined in the "Illinois Controlled Substances Act",
30         approved August 16, 1971, as now or hereafter amended.
31             (iv) "Hypodermic syringe" or hypodermic needle, or
32         any instrument adapted for use of controlled
33         substances or cannabis by subcutaneous injection.
34             (v) "Weapon" means any knife, dagger, dirk, billy,

 

 

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1         razor, stiletto, broken bottle, or other piece of glass
2         which could be used as a dangerous weapon. Such term
3         includes any of the devices or implements designated in
4         subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
5         of this Act, or any other dangerous weapon or
6         instrument of like character.
7             (vi) "Firearm" means any device, by whatever name
8         known, which is designed to expel a projectile or
9         projectiles by the action of an explosion, expansion of
10         gas or escape of gas, including but not limited to:
11                 (A) any pneumatic gun, spring gun, or B-B gun
12             which expels a single globular projectile not
13             exceeding .18 inch in diameter, or;
14                 (B) any device used exclusively for signaling
15             or safety and required as recommended by the United
16             States Coast Guard or the Interstate Commerce
17             Commission; or
18                 (C) any device used exclusively for the firing
19             of stud cartridges, explosive rivets or industrial
20             ammunition; or
21                 (D) any device which is powered by electrical
22             charging units, such as batteries, and which fires
23             one or several barbs attached to a length of wire
24             and which, upon hitting a human, can send out
25             current capable of disrupting the person's nervous
26             system in such a manner as to render him incapable
27             of normal functioning, commonly referred to as a
28             stun gun or taser.
29             (vii) "Firearm ammunition" means any
30         self-contained cartridge or shotgun shell, by whatever
31         name known, which is designed to be used or adaptable
32         to use in a firearm, including but not limited to:
33                 (A) any ammunition exclusively designed for
34             use with a device used exclusively for signaling or

 

 

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1             safety and required or recommended by the United
2             States Coast Guard or the Interstate Commerce
3             Commission; or
4                 (B) any ammunition designed exclusively for
5             use with a stud or rivet driver or other similar
6             industrial ammunition.
7             (viii) "Explosive" means, but is not limited to,
8         bomb, bombshell, grenade, bottle or other container
9         containing an explosive substance of over one-quarter
10         ounce for like purposes such as black powder bombs and
11         Molotov cocktails or artillery projectiles.
12             (ix) "Tool to defeat security mechanisms" means,
13         but is not limited to, handcuff or security restraint
14         key, tool designed to pick locks, or device or
15         instrument capable of unlocking handcuff or security
16         restraints, doors to cells, rooms, gates or other areas
17         of the penal institution.
18             (x) "Cutting tool" means, but is not limited to,
19         hacksaw blade, wirecutter, or device, instrument or
20         file capable of cutting through metal.
21             (xi) "Electronic contraband" means, but is not
22         limited to, any electronic, video recording device,
23         computer, or cellular communications equipment,
24         including, but not limited to, cellular telephones,
25         cellular telephone batteries, videotape recorders,
26         pagers, computers, and computer peripheral equipment
27         brought into or possessed in a penal institution
28         without the written authorization of the Chief
29         Administrative Officer.
30             (xii) With respect to institutions and facilities
31         of the Juvenile Division of the Illinois Department of
32         Corrections that house minors who have been
33         adjudicated delinquent only, video games that are
34         harmful to minors and violent video games.

 

 

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1         (3) "Harmful to minors" means that quality of any
2     description or representation, in whatever form, of
3     nudity, sexual conduct, sexual excitement, or
4     sado-masochistic abuse, when, taken as a whole, it (i)
5     predominately appeals to the prurient interest in sex of
6     minors, (ii) is patently offensive to prevailing standards
7     in the adult community in the State as a whole with respect
8     to what is suitable material for minors, and (iii) lacks
9     serious literary, artistic, political, or scientific value
10     for minors.
11         (4) "Nudity" means the showing of the human male or
12     female genitals, pubic area or buttocks with less than a
13     full opaque covering, or the showing of the female breast
14     with less than a fully opaque covering of any portion below
15     the top of the nipple, or the depiction of covered male
16     genitals in a discernably turgid state.
17         (5) "Sado-masochistic abuse" means flagellation or
18     torture by or upon a person clad in undergarments, a mask
19     or bizarre costume, or the condition of being fettered,
20     bound or otherwise physically restrained on the part of one
21     clothed for sexual gratification or stimulation.
22         (6) "Sexual conduct" means acts of masturbation,
23     sexual intercourse, or physical contact with a person's
24     clothed or unclothed genitals, pubic area, buttocks or, if
25     such person be a female, breast.
26         "Sexual excitement" means the condition of human male
27     or female genitals when in a state of sexual stimulation or
28     arousal.
29         (7) "Video game" means an object or device that stores
30     recorded data or instructions, receives data or
31     instructions generated by a person who uses it, and, by
32     processing the data or instructions, creates an
33     interactive game capable of being played, viewed, or
34     experienced on or through a computer, gaming system,

 

 

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1     console, or other technology.
2         (8) "Violent" video games include depictions of or
3     simulations of human-on-human violence in which the player
4     kills, seriously injures, or otherwise causes serious
5     physical harm to another human, including but not limited
6     to depictions of death, dismemberment, amputation,
7     decapitation, maiming, disfigurement, mutilation of body
8     parts, or rape.
9     (c-5) Bringing a video game that is harmful to minors or a
10 violent video game into an institution or facility of the
11 Juvenile Division of the Illinois Department of Corrections is
12 a Class A misdemeanor. Possessing a video game that is harmful
13 to minors or a violent video game in an institution or facility
14 of the Juvenile Division of the Illinois Department of
15 Corrections is a Class A misdemeanor.
16     (d) Bringing alcoholic liquor into a penal institution is a
17 Class 4 felony. Possessing alcoholic liquor in a penal
18 institution is a Class 4 felony.
19     (e) Bringing cannabis into a penal institution is a Class 3
20 felony. Possessing cannabis in a penal institution is a Class 3
21 felony.
22     (f) Bringing any amount of a controlled substance
23 classified in Schedules III, IV or V of Article II of the
24 Controlled Substance Act into a penal institution is a Class 2
25 felony. Possessing any amount of a controlled substance
26 classified in Schedule III, IV, or V of Article II of the
27 Controlled Substance Act in a penal institution is a Class 2
28 felony.
29     (g) Bringing any amount of a controlled substance
30 classified in Schedules I or II of Article II of the Controlled
31 Substance Act into a penal institution is a Class 1 felony.
32 Possessing any amount of a controlled substance classified in
33 Schedules I or II of Article II of the Controlled Substance Act
34 in a penal institution is a Class 1 felony.

 

 

09400HB2412ham002 - 7 - LRB094 08327 RLC 43888 a

1     (h) Bringing an item of contraband listed in paragraph (iv)
2 of subsection (c)(2) into a penal institution is a Class 1
3 felony. Possessing an item of contraband listed in paragraph
4 (iv) of subsection (c)(2) in a penal institution is a Class 1
5 felony.
6     (i) Bringing an item of contraband listed in paragraph (v),
7 (ix), (x), or (xi) of subsection (c)(2) into a penal
8 institution is a Class 1 felony. Possessing an item of
9 contraband listed in paragraph (v), (ix), (x), or (xi) of
10 subsection (c)(2) in a penal institution is a Class 1 felony.
11     (j) Bringing an item of contraband listed in paragraphs
12 (vi), (vii) or (viii) of subsection (c)(2) in a penal
13 institution is a Class X felony. Possessing an item of
14 contraband listed in paragraphs (vi), (vii), or (viii) of
15 subsection (c)(2) in a penal institution is a Class X felony.
16     (k) It shall be an affirmative defense to subsection (b)
17 hereof, that such possession was specifically authorized by
18 rule, regulation, or directive of the governing authority of
19 the penal institution or order issued pursuant thereto.
20     (l) It shall be an affirmative defense to subsection (a)(1)
21 and subsection (b) hereof that the person bringing into or
22 possessing contraband in a penal institution had been arrested,
23 and that that person possessed such contraband at the time of
24 his arrest, and that such contraband was brought into or
25 possessed in the penal institution by that person as a direct
26 and immediate result of his arrest.
27     (l-5) The Director of Corrections or chief administrative
28 officer of an institution or facility of the Juvenile Division
29 of the Department of Corrections may not authorize the bringing
30 into or possession of a video game that is harmful to minors or
31 a violent video game in an institution or facility of the
32 Juvenile Division of the Department of Corrections.
33     (m) Items confiscated may be retained for use by the
34 Department of Corrections or disposed of as deemed appropriate

 

 

09400HB2412ham002 - 8 - LRB094 08327 RLC 43888 a

1 by the Chief Administrative Officer in accordance with
2 Department rules or disposed of as required by law.
3 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
 
4     (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
5     Sec. 31A-1.2. Unauthorized bringing of contraband into a
6 penal institution by an employee; unauthorized possessing of
7 contraband in a penal institution by an employee; unauthorized
8 delivery of contraband in a penal institution by an employee.
9     (a) A person commits the offense of unauthorized bringing
10 of contraband into a penal institution by an employee when a
11 person who is an employee knowingly and without authority or
12 any person designated or authorized to grant such authority:
13         (1) brings or attempts to bring an item of contraband
14     listed in paragraphs (i) through (iv) or (xii) of
15     subsection (d)(4) into a penal institution, or
16         (2) causes or permits another to bring an item of
17     contraband listed in paragraphs (i) through (iv) or (xii)
18     of subsection (d)(4) into a penal institution.
19     (b) A person commits the offense of unauthorized possession
20 of contraband in a penal institution by an employee when a
21 person who is an employee knowingly and without authority of
22 any person designated or authorized to grant such authority
23 possesses contraband listed in paragraphs (i) through (iv) or
24 (xii) of subsection (d)(4) in a penal institution, regardless
25 of the intent with which he possesses it.
26     (c) A person commits the offense of unauthorized delivery
27 of contraband in a penal institution by an employee when a
28 person who is an employee knowingly and without authority of
29 any person designated or authorized to grant such authority:
30         (1) delivers or possesses with intent to deliver an
31     item of contraband to any inmate of a penal institution, or
32         (2) conspires to deliver or solicits the delivery of an
33     item of contraband to any inmate of a penal institution, or

 

 

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1         (3) causes or permits the delivery of an item of
2     contraband to any inmate of a penal institution, or
3         (4) permits another person to attempt to deliver an
4     item of contraband to any inmate of a penal institution.
5     (d) For purpose of this Section, the words and phrases
6 listed below shall be defined as follows:
7         (1) "Penal Institution" shall have the meaning
8     ascribed to it in subsection (c)(1) of Section 31A-1.1 of
9     this Code;
10         (2) "Employee" means any elected or appointed officer,
11     trustee or employee of a penal institution or of the
12     governing authority of the penal institution, or any person
13     who performs services for the penal institution pursuant to
14     contract with the penal institution or its governing
15     authority.
16         (3) "Deliver" or "delivery" means the actual,
17     constructive or attempted transfer of possession of an item
18     of contraband, with or without consideration, whether or
19     not there is an agency relationship;
20         (4) "Item of contraband" means any of the following:
21             (i) "Alcoholic liquor" as such term is defined in
22         Section 1-3.05 of the Liquor Control Act of 1934.
23             (ii) "Cannabis" as such term is defined in
24         subsection (a) of Section 3 of the Cannabis Control
25         Act.
26             (iii) "Controlled substance" as such term is
27         defined in the Illinois Controlled Substances Act.
28             (iv) "Hypodermic syringe" or hypodermic needle, or
29         any instrument adapted for use of controlled
30         substances or cannabis by subcutaneous injection.
31             (v) "Weapon" means any knife, dagger, dirk, billy,
32         razor, stiletto, broken bottle, or other piece of glass
33         which could be used as a dangerous weapon. Such term
34         includes any of the devices or implements designated in

 

 

09400HB2412ham002 - 10 - LRB094 08327 RLC 43888 a

1         subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
2         of this Act, or any other dangerous weapon or
3         instrument of like character.
4             (vi) "Firearm" means any device, by whatever name
5         known, which is designed to expel a projectile or
6         projectiles by the action of an explosion, expansion of
7         gas or escape of gas, including but not limited to:
8                 (A) any pneumatic gun, spring gun, or B-B gun
9             which expels a single globular projectile not
10             exceeding .18 inch in diameter; or
11                 (B) any device used exclusively for signaling
12             or safety and required or recommended by the United
13             States Coast Guard or the Interstate Commerce
14             Commission; or
15                 (C) any device used exclusively for the firing
16             of stud cartridges, explosive rivets or industrial
17             ammunition; or
18                 (D) any device which is powered by electrical
19             charging units, such as batteries, and which fires
20             one or several barbs attached to a length of wire
21             and which, upon hitting a human, can send out
22             current capable of disrupting the person's nervous
23             system in such a manner as to render him incapable
24             of normal functioning, commonly referred to as a
25             stun gun or taser.
26             (vii) "Firearm ammunition" means any
27         self-contained cartridge or shotgun shell, by whatever
28         name known, which is designed to be used or adaptable
29         to use in a firearm, including but not limited to:
30                 (A) any ammunition exclusively designed for
31             use with a device used exclusively for signaling or
32             safety and required or recommended by the United
33             States Coast Guard or the Interstate Commerce
34             Commission; or

 

 

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1                 (B) any ammunition designed exclusively for
2             use with a stud or rivet driver or other similar
3             industrial ammunition.
4             (viii) "Explosive" means, but is not limited to,
5         bomb, bombshell, grenade, bottle or other container
6         containing an explosive substance of over one-quarter
7         ounce for like purposes such as black powder bombs and
8         Molotov cocktails or artillery projectiles.
9             (ix) "Tool to defeat security mechanisms" means,
10         but is not limited to, handcuff or security restraint
11         key, tool designed to pick locks, or device or
12         instrument capable of unlocking handcuff or security
13         restraints, doors to cells, rooms, gates or other areas
14         of the penal institution.
15             (x) "Cutting tool" means, but is not limited to,
16         hacksaw blade, wirecutter, or device, instrument or
17         file capable of cutting through metal.
18             (xi) "Electronic contraband" means, but is not
19         limited to, any electronic, video recording device,
20         computer, or cellular communications equipment,
21         including, but not limited to, cellular telephones,
22         cellular telephone batteries, videotape recorders,
23         pagers, computers, and computer peripheral equipment.
24             (xii) With respect to institutions and facilities
25         of the Juvenile Division of the Illinois Department of
26         Corrections only, video games that are harmful to
27         minors and violent video games.
28         (5) "Harmful to minors", "video game", and "violent"
29     have the meanings ascribed to them in Section 31A-1.1 of
30     this Code.
31     (e) A violation of paragraph (a) or (b) of this Section
32 involving a video game that is harmful to minors or a violent
33 video game is a Class A misdemeanor. A violation of paragraphs
34 (a) or (b) of this Section involving alcohol is a Class 4

 

 

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1 felony. A violation of paragraph (a) or (b) of this Section
2 involving cannabis is a Class 2 felony. A violation of
3 paragraph (a) or (b) involving any amount of a controlled
4 substance classified in Schedules III, IV or V of Article II of
5 the Illinois Controlled Substances Act is a Class 1 felony. A
6 violation of paragraph (a) or (b) of this Section involving any
7 amount of a controlled substance classified in Schedules I or
8 II of Article II of the Illinois Controlled Substances Act is a
9 Class X felony. A violation of paragraph (a) or (b) involving
10 an item of contraband listed in paragraph (iv) of subsection
11 (d)(4) is a Class X felony. A violation of paragraph (a) or (b)
12 involving an item of contraband listed in paragraph (v) or (xi)
13 of subsection (d)(4) is a Class 1 felony. A violation of
14 paragraph (a) or (b) involving an item of contraband listed in
15 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
16 Class X felony.
17     (f) A violation of paragraph (c) of this Section involving
18 a video game that is harmful to minors or a violent video game
19 is a Class A misdemeanor. A violation of paragraph (c) of this
20 Section involving alcoholic liquor is a Class 3 felony. A
21 violation of paragraph (c) involving cannabis is a Class 1
22 felony. A violation of paragraph (c) involving any amount of a
23 controlled substance classified in Schedules III, IV or V of
24 Article II of the Illinois Controlled Substances Act is a Class
25 X felony. A violation of paragraph (c) involving any amount of
26 a controlled substance classified in Schedules I or II of
27 Article II of the Illinois Controlled Substances Act is a Class
28 X felony for which the minimum term of imprisonment shall be 8
29 years. A violation of paragraph (c) involving an item of
30 contraband listed in paragraph (iv) of subsection (d)(4) is a
31 Class X felony for which the minimum term of imprisonment shall
32 be 8 years. A violation of paragraph (c) involving an item of
33 contraband listed in paragraph (v), (ix) or (x) of subsection
34 (d)(4) is a Class X felony for which the minimum term of

 

 

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1 imprisonment shall be 10 years. A violation of paragraph (c)
2 involving an item of contraband listed in paragraphs (vi),
3 (vii) or (viii) of subsection (d)(4) is a Class X felony for
4 which the minimum term of imprisonment shall be 12 years.
5     (f-5) The Director of Corrections or chief administrative
6 officer of an institution or facility of the Juvenile Division
7 of the Department of Corrections may not authorize the bringing
8 into or possession of a video game that is harmful to minors or
9 a violent video game by an employee in an institution or
10 facility of the Juvenile Division of the Department of
11 Corrections.
12     (g) Items confiscated may be retained for use by the
13 Department of Corrections or disposed of as deemed appropriate
14 by the Chief Administrative Officer in accordance with
15 Department rules or disposed of as required by law.
16 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)".