Full Text of HB2412 94th General Assembly
HB2412ham002 94TH GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 3/15/2005
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09400HB2412ham002 |
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LRB094 08327 RLC 43888 a |
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| AMENDMENT TO HOUSE BILL 2412
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| AMENDMENT NO. ______. Amend House Bill 2412, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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:
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| (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
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| 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.
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| (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.
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| (c) For the purposes of this Section, the words and phrases
| 24 |
| listed below shall be defined as follows:
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| (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,
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| 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.
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| (2) "Item of contraband" means any of the following:
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| (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.
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| (iv) "Hypodermic syringe" or hypodermic needle, or | 32 |
| any instrument
adapted for use of controlled | 33 |
| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, |
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LRB094 08327 RLC 43888 a |
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| 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
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| 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.
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| (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;
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| (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
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| Commission; or
| 18 |
| (C) any device used exclusively for the firing | 19 |
| of stud cartridges,
explosive rivets or industrial | 20 |
| ammunition; or
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| (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.
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| (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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LRB094 08327 RLC 43888 a |
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| safety and required or recommended by the
United | 2 |
| States Coast Guard or the Interstate Commerce | 3 |
| Commission; or
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| (B) any ammunition designed exclusively for | 5 |
| use with a stud or rivet
driver or other similar | 6 |
| industrial ammunition.
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| (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
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| Molotov cocktails or artillery projectiles.
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| (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.
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| (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.
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| (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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| (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.
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| (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.
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| (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.
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| "Sexual excitement" means the condition of human male | 27 |
| or female genitals when in a state of sexual stimulation or | 28 |
| arousal.
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| (7) "Video game" means an object or device that stores
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| 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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| console, or other technology.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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.
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LRB094 08327 RLC 43888 a |
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| (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.
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| (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
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| contraband listed in paragraph (v), (ix), (x), or (xi) of
| 10 |
| subsection (c)(2) in a
penal
institution is a Class 1 felony.
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| (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.
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| (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.
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| (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.
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| (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 |
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LRB094 08327 RLC 43888 a |
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| by the Chief Administrative
Officer in accordance with | 2 |
| Department rules or disposed of as required by
law.
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| (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
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| (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
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| 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.
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| (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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LRB094 08327 RLC 43888 a |
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| (3) causes or permits the delivery of an item of | 2 |
| contraband to any
inmate of a penal institution, or
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| (4) permits another person to attempt to deliver an | 4 |
| item of contraband to
any inmate of a penal institution.
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| (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;
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| (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.
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| (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
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09400HB2412ham002 |
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LRB094 08327 RLC 43888 a |
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| 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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LRB094 08327 RLC 43888 a |
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| (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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| 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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LRB094 08327 RLC 43888 a |
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| 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.)".
|
|