|
|
||||
| Public Act 094-1017 |
||||
| ||||
| ||||
AN ACT in relation to criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Article 1. | ||||
Section 1-1. Findings; purpose; validation. | ||||
(a) The General Assembly finds and declares that: | ||||
(1) Public Act 88-669, effective November 29, 1994, | ||||
contained provisions amending the Criminal Code of 1961 and | ||||
the Unified Code of Corrections. Public Act 88-669 also | ||||
contained other provisions. | ||||
(2) The Illinois Supreme Court declared Public Act | ||||
88-669 to be unconstitutional as a violation of the single | ||||
subject clause of the Illinois Constitution in People v. | ||||
Olender, Docket No. 98932, opinion filed December 15, 2005. | ||||
(b) The purpose of this Article 1 is to re-enact the | ||||
provisions of the Criminal Code of 1961 and the Unified Code of | ||||
Corrections that were affected by Public Act 88-669 and to | ||||
minimize or prevent any problems concerning those provisions | ||||
that may arise from the unconstitutionality of Public Act | ||||
88-669. This re-enactment is intended to remove any question as | ||||
to the validity and content of those provisions; it is not | ||||
intended to supersede any other Public Act that amends the | ||||
provisions re-enacted in this Article 1. The re-enacted | ||||
material is shown in this Article 1 as existing text (i.e., | ||||
without underscoring) and may include changes made by | ||||
subsequent amendments. | ||||
(c) The re-enactment of provisions of the Criminal Code of | ||||
1961 and the Unified Code of Corrections by this Article 1 is | ||||
not intended, and shall not be construed, to impair any legal | ||||
argument concerning whether those provisions were | ||||
substantially re-enacted by any other Public Act. | ||||
(d) All otherwise lawful actions taken before the effective | ||||
date of this Article 1 in reliance on or pursuant to the | ||
provisions re-enacted by this Article 1, as those provisions | ||
were set forth in Public Act 88-669 or as subsequently amended, | ||
by any officer, employee, or agency of State government or by | ||
any other person or entity, are hereby validated, except to the | ||
extent prohibited under the Illinois or United States | ||
Constitution. | ||
(e) This Article 1 applies, without limitation, to actions | ||
pending on or after the effective date of this Article 1, | ||
except to the extent prohibited under the Illinois or United | ||
States Constitution. | ||
Section 1-5. The Criminal Code of 1961 is amended by | ||
re-enacting Section 36-1 as follows:
| ||
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||
with the knowledge
and consent of the owner in the commission | ||
of, or in the attempt to commit as
defined in Section 8-4 of | ||
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||
12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | ||
19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||
or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||
Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | ||
(d) of Section
12-16 of this Code, or paragraph (a)(6) or | ||
(a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | ||
or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||
aircraft contains more than 10 cartons of
such cigarettes; (c) | ||
Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||
vessel, vehicle or aircraft contains more than 10 cartons of | ||
such
cigarettes; (d) Section 44 of the Environmental Protection | ||
Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | ||
offenses described in the
following provisions of the Illinois | ||
Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||
(c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) | ||
an offense described in subsection (g) of Section 6-303 of the
| ||
Illinois Vehicle Code; or (h) an offense described in | ||
subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
| ||
may be
seized and delivered forthwith to the sheriff of the | ||
county of seizure.
| ||
Within 15 days after such delivery the sheriff shall give | ||
notice of seizure
to each person according to the following | ||
method: Upon each such person
whose right, title or interest is | ||
of record in the office of the Secretary
of State, the | ||
Secretary of Transportation, the Administrator of the Federal
| ||
Aviation Agency, or any other Department of this State, or any | ||
other state
of the United States if such vessel, vehicle or | ||
aircraft is required to be
so registered, as the case may be, | ||
by mailing a copy of the notice by
certified mail to the | ||
address as given upon the records of the Secretary of
State, | ||
the Department of Aeronautics, Department of Public Works and
| ||
Buildings or any other Department of this State or the United | ||
States if
such vessel, vehicle or aircraft is required to be so | ||
registered. Within
that 15 day period the sheriff shall also | ||
notify the State's Attorney of
the county of seizure about the | ||
seizure.
| ||
In addition, any mobile or portable equipment used in the | ||
commission of an
act which is in violation of Section 7g of the | ||
Metropolitan Water Reclamation
District Act shall be subject to | ||
seizure and forfeiture under the same
procedures provided in | ||
this Article for the seizure and forfeiture of vessels,
| ||
vehicles and aircraft, and any such equipment shall be deemed a | ||
vessel, vehicle
or aircraft for purposes of this Article.
| ||
When a person discharges a firearm at another individual | ||
from a vehicle with
the knowledge and consent of the owner of | ||
the vehicle and with the intent to
cause death or great bodily | ||
harm to that individual and as a result causes
death or great | ||
bodily harm to that individual, the vehicle shall be subject to
| ||
seizure and forfeiture under the same procedures provided in | ||
this Article for
the seizure and forfeiture of vehicles used in | ||
violations of clauses (a), (b),
(c), or (d) of this Section.
| ||
If the spouse of the owner of a vehicle seized for
an | ||
offense described in subsection (g) of Section 6-303 of the
| ||
Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||
of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||
a showing
that the seized vehicle is the only source of | ||
transportation and it is
determined that the financial hardship | ||
to the family as a result of the seizure
outweighs the benefit | ||
to the State from the seizure, the vehicle may be
forfeited to | ||
the spouse or family member and the title to the vehicle shall | ||
be
transferred to the spouse or family member who is properly | ||
licensed and who
requires the use of the vehicle for employment | ||
or family transportation
purposes. A written declaration of | ||
forfeiture of a vehicle under this
Section shall be sufficient | ||
cause for the title to be transferred to the spouse
or family | ||
member. The provisions of this paragraph shall apply only to | ||
one
forfeiture per vehicle. If the vehicle is the subject of a | ||
subsequent
forfeiture proceeding by virtue of a subsequent | ||
conviction of either spouse or
the family member, the spouse or | ||
family member to whom the vehicle was
forfeited under the first | ||
forfeiture proceeding may not utilize the
provisions of this | ||
paragraph in another forfeiture proceeding. If the owner of
the | ||
vehicle seized owns more than one vehicle,
the procedure set | ||
out in this paragraph may be used for only one vehicle.
| ||
Property declared contraband under Section 40 of the | ||
Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||
seized and forfeited under this
Article.
| ||
(Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)
| ||
Section 1-10. The Unified Code of Corrections is amended by | ||
re-enacting Sections 3-7-6, 3-12-2, and 3-12-5 as follows:
| ||
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
| ||
Sec. 3-7-6. Reimbursement for expenses.
| ||
(a) Responsibility of committed persons. For the purposes | ||
of this
Section, "committed persons" mean those persons who | ||
through judicial
determination have been placed in the custody | ||
of the Department on the basis of
a conviction as an adult. | ||
Committed
persons shall be responsible to reimburse the
| ||
Department for the expenses incurred by their incarceration at | ||
a rate to be
determined by the Department in accordance with | ||
this Section.
| ||
(1) Committed persons shall fully cooperate with the | ||
Department by
providing complete
financial information for | ||
the purposes under this Section.
| ||
(2) The failure of a committed person to fully | ||
cooperate as provided for
in
clauses (3)
and (4) of | ||
subsection (a-5) shall be considered for purposes of a | ||
parole
determination. Any committed person who willfully | ||
refuses to cooperate with the
obligations set forth in this | ||
Section may be subject to the loss of good
conduct credit
| ||
towards his or her sentence of up to 180 days.
| ||
(a-5) Assets information form.
| ||
(1) The Department shall develop a form, which shall be | ||
used by the
Department
to
obtain information from all | ||
committed persons regarding assets of the persons.
| ||
(2) In order to enable the Department to determine the | ||
financial status of
the
committed
person, the form shall | ||
provide for obtaining the age and marital status of a
| ||
committed
person, the number and ages of children of the | ||
person, the number and ages of
other
dependents, the type | ||
and value of real estate, the type and value of personal
| ||
property,
cash and bank accounts, the location of any lock | ||
boxes, the type and value of
investments, pensions and | ||
annuities and any other personalty of significant
cash
| ||
value, including but not limited to jewelry, art work and | ||
collectables, and all
medical
or dental insurance policies | ||
covering the committed person. The form may also
provide | ||
for other information deemed pertinent by the Department in | ||
the
investigation of a committed person's assets.
| ||
(3) Upon being developed, the form shall be submitted | ||
to each committed
person
as of
the date the form is | ||
developed and to every committed person who thereafter is
| ||
sentenced to imprisonment under the jurisdiction of the | ||
Department. The form
may
be resubmitted to a committed | ||
person by the Department for purpose of
obtaining
current | ||
information regarding the assets of the person.
| ||
(4) Every committed person shall complete the form or | ||
provide for
completion
of the
form and the committed person | ||
shall swear under oath or affirm that to the best
of his
or | ||
her knowledge the information provided is complete and | ||
accurate.
| ||
(b) Expenses. The rate at which sums to be charged for the | ||
expenses
incurred by a committed person for his or her | ||
confinement
shall be computed by
the Department as the average | ||
per capita cost per day for all inmates of that
institution or | ||
facility for that fiscal year. The average per capita cost per
| ||
day shall be computed by the Department based on the average | ||
per capita cost
per day for the operation of that institution | ||
or facility for the fiscal year
immediately preceding the | ||
period of incarceration for which the rate is being
calculated. | ||
The Department shall establish rules and regulations providing | ||
for
the computation of the above costs, and shall determine the | ||
average per capita
cost per day for each of its institutions or | ||
facilities for each fiscal year.
The Department shall have the
| ||
power to modify its rules and regulations, so as to provide for | ||
the most
accurate and most current average per capita cost per | ||
day computation. Where
the committed person is placed in a | ||
facility outside the
Department, the
Department may pay the | ||
actual cost of services in that facility, and may
collect | ||
reimbursement for the entire amount paid from the committed | ||
person
receiving those services.
| ||
(c) Records. The records of the Department, including, but | ||
not limited to,
those relating to: the average per capita cost | ||
per day for a particular
institution or facility for a | ||
particular year, and the calculation of the
average per capita | ||
cost per day; the average daily population of a particular
| ||
Department correctional institution or facility for a | ||
particular year; the
specific placement of a particular | ||
committed person in
various Department
correctional | ||
institutions or facilities for various periods of time; and the
| ||
record of transactions of a particular committed person's
trust | ||
account under
Section 3-4-3 of this Act; may be proved in any | ||
legal proceeding, by a
reproduced copy thereof or by a computer | ||
printout of Department records, under
the certificate of the | ||
Director. If
reproduced copies are used, the Director must | ||
certify that those are true and
exact copies of the records on | ||
file with the Department. If computer
printouts of records of | ||
the Department are offered as proof, the Director must
certify | ||
that those computer printouts are true and exact | ||
representations of
records properly entered into standard | ||
electronic computing equipment, in the
regular course of the | ||
Department's business, at or reasonably near the time of
the | ||
occurrence of the facts recorded, from trustworthy and reliable
| ||
information. The reproduced copy or computer printout shall, | ||
without further
proof, be admitted into evidence in any legal | ||
proceeding, and shall be prima
facie correct and prima facie | ||
evidence of the accuracy of the information
contained therein.
| ||
(d) Authority. The Director, or the Director's designee, | ||
may, when he or
she knows or reasonably believes that a | ||
committed person, or the estate of that
person, has assets | ||
which may be used to satisfy all or part of a judgment
rendered | ||
under this Act,
or when he or she knows or reasonably believes | ||
that
a committed person is engaged in gang-related activity and | ||
has a substantial sum of
money or other assets,
provide for the | ||
forwarding to the Attorney General of a report on the
committed | ||
person and that report shall contain a completed form under
| ||
subsection (a-5) together with all other information available | ||
concerning the
assets of
the committed person and an estimate | ||
of the total expenses for that committed
person, and
authorize | ||
the Attorney General to institute
proceedings to require the
| ||
persons, or the estates of the persons, to reimburse the | ||
Department for the
expenses incurred by their incarceration. | ||
The Attorney General, upon
authorization of the Director, or | ||
the Director's designee, shall institute
actions on behalf of | ||
the Department and pursue claims on the Department's
behalf in | ||
probate and bankruptcy proceedings, to recover from committed | ||
persons the expenses incurred by
their
confinement.
For | ||
purposes of this subsection (d), "gang-related" activity
has | ||
the meaning ascribed to it in Section 10 of the Illinois | ||
Streetgang
Terrorism Omnibus Prevention Act.
| ||
(e) Scope and limitations.
| ||
(1) No action under this Section shall be initiated | ||
more than 2 years
after the release or death of the | ||
committed person in
question.
| ||
(2) The death of a convicted person, by execution or | ||
otherwise, while
committed to a Department correctional | ||
institution or facility shall not act as
a bar to any | ||
action or proceeding under this Section.
| ||
(3) The assets of a committed person, for the purposes
| ||
of this Section,
shall
include any property, tangible or | ||
intangible, real or personal, belonging to
or due to a | ||
committed or formerly committed person including income or | ||
payments
to the person from social security, worker's | ||
compensation, veteran's
compensation, pension benefits, or | ||
from any other source whatsoever and any
and all assets and | ||
property of whatever character held in the name
of the | ||
person, held for the benefit of the person, or payable or | ||
otherwise
deliverable to the person. Any trust, or portion | ||
of a trust, of which a
convicted person is a beneficiary, | ||
shall be construed as an asset of the
person, to the extent | ||
that benefits thereunder are required to be paid to the
| ||
person, or shall in fact be paid to the person.
At the time | ||
of a legal proceeding by the Attorney General under this | ||
Section,
if it appears that the committed person has any | ||
assets which ought to be
subjected to the claim of the | ||
Department under this Section, the court may
issue an order | ||
requiring any person, corporation, or other legal entity
| ||
possessed or having custody of those assets to appropriate | ||
any of the assets
or a portion thereof toward reimbursing | ||
the Department as provided for under
this Section.
No | ||
provision of this Section
shall be construed in violation | ||
of any State or federal limitation on the
collection of | ||
money judgments.
| ||
(4) Nothing in this Section shall preclude the | ||
Department from applying
federal benefits that are | ||
specifically provided for the care and treatment of
a | ||
committed person toward the cost of care provided by a
| ||
State facility or
private agency.
| ||
(Source: P.A. 92-564, eff. 1-1-03.)
| ||
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
| ||
Sec. 3-12-2. Types of employment.
| ||
(a) The Department may establish, maintain, train and | ||
employ committed
persons in industries for the production of | ||
articles, materials or supplies for
resale to authorized | ||
purchasers. It may also employ committed persons on public
| ||
works, buildings and property, the conservation of natural | ||
resources of the
State, anti-pollution or environmental | ||
control projects, or for other public
purposes, for the | ||
maintenance of the Department's buildings and properties and
| ||
for the production of food or other necessities for its | ||
programs. The
Department may establish, maintain and employ | ||
committed persons in the
production of vehicle registration | ||
plates. A committed person's labor shall
not be sold, | ||
contracted or hired out by the Department except under this
| ||
Article and under Section 3-9-2.
| ||
(b) Works of art, literature, handicraft or other items | ||
produced by
committed persons as an avocation and not as a | ||
product of a work program of the
Department may be sold to the | ||
public under rules and regulations established by
the | ||
Department. The cost of selling such products may be deducted | ||
from the
proceeds, and the balance shall be credited to the | ||
person's account under
Section 3-4-3. The Department shall | ||
notify the Attorney General of the
existence of any proceeds | ||
which it believes should be applied towards a
satisfaction, in | ||
whole or in part, of the person's incarceration costs.
| ||
(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
| ||
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
| ||
Sec. 3-12-5. Compensation. Persons performing a work | ||
assignment under
subsection (a) of Section 3-12-2 may receive | ||
wages under rules and regulations
of the Department. In | ||
determining rates of compensation, the Department shall
| ||
consider the effort, skill and economic value of the work | ||
performed.
Compensation may be given to persons who participate | ||
in other programs of the
Department. Of the compensation earned | ||
pursuant to this Section, a portion, as
determined by the | ||
Department, shall be used to offset the cost of the committed
| ||
person's incarceration. If the committed person files a lawsuit | ||
determined
frivolous
under Article XXII of the Code of Civil | ||
Procedure, 50% of the
compensation shall be used to offset the | ||
filing fees and costs of the lawsuit
as provided in
that | ||
Article until all fees and costs are paid in full. All other | ||
wages shall
be deposited in the individual's
account under | ||
rules and regulations of the Department. The Department shall
| ||
notify the Attorney General of any compensation applied towards | ||
a satisfaction,
in whole or in part, of the person's | ||
incarceration costs.
| ||
(Source: P.A. 90-505, eff. 8-19-97.)
| ||
Article 2. | ||
Section 2-1. Findings; purpose. | ||
(a) The General Assembly finds and declares that:
| ||
(1) Public Act 89-688, effective June 1, 1997, | ||
contained provisions
amending Sections 31A-1.1 and 31A-1.2 | ||
of the Criminal Code of 1961
relating to bringing | ||
contraband into a penal institution; possessing
contraband | ||
in a penal institution; and unauthorized bringing of | ||
contraband
into a penal institution by an employee. Public | ||
Act 89-688 also contained
other provisions.
| ||
(2) On October 20, 2000, in People v. Jerry Lee Foster, | ||
316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth | ||
District, ruled that Public Act
89-688 violates the single | ||
subject clause of the Illinois Constitution (Article
IV, | ||
Section 8 (d)) and is therefore unconstitutional in its | ||
entirety.
The Illinois Supreme Court agreed with the | ||
reasoning of that court in People v. Burdunice, 211 Ill. 2d | ||
264 (2004). | ||
(3) The provisions added to Sections 31A-1.1 and | ||
31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 | ||
are of vital concern to the
people of this State. Prompt | ||
legislative action concerning those provisions is
| ||
necessary.
| ||
(4) Section 31A-1.1 of the Criminal Code of 1961 has | ||
subsequently
been amended by Public Act 94-556. Section | ||
31A-1.2 of the Criminal Code of 1961 has subsequently
been | ||
amended by Public Acts 90-655, 91-357, and 94-556.
| ||
(b) It is the purpose of this Article 2 to re-enact | ||
Sections 31A-1.1 and 31A-1.2
of the Criminal Code of 1961, | ||
including the provisions added by Public
Act 89-688 and the | ||
subsequent amendment to Section 31A-1.1 by Public Act 94-556 | ||
and subsequent amendments to Section 31A-1.2 by Public Acts | ||
90-655, 91-357, and 94-556. This re-enactment is intended to | ||
remove any question as to the
validity or content of those | ||
provisions; it is not intended to supersede any
other Public | ||
Act that amends the text of the Sections as set forth in this | ||
Article 2.
The re-enacted material is shown in this Article 2 | ||
as existing text (i.e., without
underscoring).
| ||
Section 2-5. The Criminal Code of 1961 is amended by | ||
re-enacting Sections 31A-1.1 and 31A-1.2 as follows:
| ||
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
| ||
Sec. 31A-1.1. Bringing Contraband into a Penal | ||
Institution;
Possessing Contraband in a Penal Institution.
| ||
(a) A person commits the offense of bringing contraband | ||
into a penal
institution when he knowingly and without | ||
authority of any person designated
or authorized to grant such | ||
authority (1) brings an item of contraband into
a penal | ||
institution or (2) causes another to bring an item of
| ||
contraband into a penal institution or (3) places an item of
| ||
contraband in such proximity to a penal institution as to give | ||
an
inmate access to the contraband.
| ||
(b) A person commits the offense of possessing contraband | ||
in a
penal institution when he possesses contraband in a penal | ||
institution,
regardless of the intent with which he possesses | ||
it.
| ||
(c) For the purposes of this Section, the words and phrases
| ||
listed below shall be defined as follows:
| ||
(1) "Penal institution" means any penitentiary, State | ||
farm,
reformatory, prison, jail, house of correction, | ||
police detention area,
half-way house or other institution | ||
or place for the incarceration or
custody of persons under | ||
sentence for offenses awaiting trial or sentence
for | ||
offenses, under arrest for an offense, a violation of | ||
probation, a
violation of parole, or a violation of | ||
mandatory supervised release, or
awaiting a bail setting | ||
hearing or preliminary hearing; provided that where
the | ||
place for incarceration or custody is housed within another | ||
public
building this Act shall not apply to that part of | ||
such building unrelated
to the incarceration or custody of | ||
persons.
| ||
(2) "Item of contraband" means any of the following:
| ||
(i) "Alcoholic liquor" as such term is defined in | ||
Section 1-3.05 of the
Liquor Control Act of 1934.
| ||
(ii) "Cannabis" as such term is defined in | ||
subsection (a) of Section 3
of the Cannabis Control | ||
Act.
| ||
(iii) "Controlled substance" as such term is | ||
defined in the Illinois
Controlled Substances Act.
| ||
(iii-a) "Methamphetamine" as such term is defined | ||
in the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
| ||
(iv) "Hypodermic syringe" or hypodermic needle, or | ||
any instrument
adapted for use of controlled | ||
substances or cannabis by subcutaneous injection.
| ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
razor, stiletto,
broken bottle, or other piece of glass | ||
which could be used as a dangerous
weapon. Such term | ||
includes any of the devices or implements designated in
| ||
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | ||
of this
Act, or any other dangerous weapon or | ||
instrument of like character.
| ||
(vi) "Firearm" means any device, by whatever name | ||
known, which is
designed to expel a projectile or | ||
projectiles by the action of an
explosion, expansion of | ||
gas or escape of gas, including but not limited to:
| ||
(A) any pneumatic gun, spring gun, or B-B gun | ||
which expels a single
globular projectile not | ||
exceeding .18 inch in diameter, or;
| ||
(B) any device used exclusively for signaling | ||
or safety and required
as
recommended by the United | ||
States Coast Guard or the Interstate Commerce
| ||
Commission; or
| ||
(C) any device used exclusively for the firing | ||
of stud cartridges,
explosive rivets or industrial | ||
ammunition; or
| ||
(D) any device which is powered by electrical | ||
charging units, such as
batteries, and which fires | ||
one or several barbs attached to a length of
wire | ||
and which, upon hitting a human, can send out | ||
current capable of
disrupting the person's nervous | ||
system in such a manner as to render him
incapable | ||
of normal functioning, commonly referred to as a | ||
stun gun or taser.
| ||
(vii) "Firearm ammunition" means any | ||
self-contained cartridge or shotgun
shell, by whatever | ||
name known, which is designed to be used or adaptable | ||
to
use in a firearm, including but not limited to:
| ||
(A) any ammunition exclusively designed for | ||
use with a device used
exclusively for signaling or | ||
safety and required or recommended by the
United | ||
States Coast Guard or the Interstate Commerce | ||
Commission; or
| ||
(B) any ammunition designed exclusively for | ||
use with a stud or rivet
driver or other similar | ||
industrial ammunition.
| ||
(viii) "Explosive" means, but is not limited to, | ||
bomb, bombshell,
grenade, bottle or other container | ||
containing an explosive substance of
over one-quarter | ||
ounce for like purposes such as black powder bombs and
| ||
Molotov cocktails or artillery projectiles.
| ||
(ix) "Tool to defeat security mechanisms" means, | ||
but is not limited to,
handcuff or security restraint | ||
key, tool designed to pick locks, or device or
| ||
instrument capable of unlocking handcuff or security | ||
restraints, doors to
cells, rooms, gates or other areas | ||
of the penal institution.
| ||
(x) "Cutting tool" means, but is not limited to, | ||
hacksaw blade,
wirecutter,
or device, instrument or | ||
file capable of cutting through metal.
| ||
(xi) "Electronic contraband" means, but is not | ||
limited to, any
electronic, video recording device, | ||
computer, or cellular communications
equipment, | ||
including, but not
limited to, cellular telephones, | ||
cellular telephone batteries, videotape
recorders, | ||
pagers,
computers, and computer peripheral equipment | ||
brought into or possessed in a
penal institution | ||
without the written authorization of the Chief | ||
Administrative
Officer.
| ||
(d) Bringing alcoholic liquor into a penal institution is a | ||
Class 4
felony. Possessing alcoholic liquor in a penal | ||
institution is a Class 4
felony.
| ||
(e) Bringing cannabis into a penal institution is a Class 3 | ||
felony.
Possessing cannabis in a penal institution is a Class 3 | ||
felony.
| ||
(f) Bringing any amount of a controlled substance | ||
classified in
Schedules III, IV or V of Article II of the | ||
Controlled Substance Act into a
penal institution is a Class 2 | ||
felony. Possessing any amount of a
controlled substance | ||
classified in Schedule III, IV, or V of Article II of
the | ||
Controlled Substance Act in a penal institution is a Class 2 | ||
felony.
| ||
(g) Bringing any amount of a controlled substance | ||
classified in
Schedules I or II of Article II of the Controlled | ||
Substance Act into a
penal institution is a Class 1 felony. | ||
Possessing any amount of a
controlled substance classified in | ||
Schedules I or II of Article II of the
Controlled Substance Act | ||
in a penal institution is a Class 1 felony.
| ||
(h) Bringing an item of contraband listed in paragraph (iv) | ||
of
subsection (c)(2) into a penal institution is a Class 1 | ||
felony. Possessing
an item of contraband listed in paragraph | ||
(iv) of subsection (c)(2) in a
penal institution is a Class 1 | ||
felony.
| ||
(i) Bringing an item of contraband listed in paragraph (v), | ||
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal | ||
institution is a Class 1 felony. Possessing an item of
| ||
contraband listed in paragraph (v), (ix), (x), or (xi) of
| ||
subsection (c)(2) in a
penal
institution is a Class 1 felony.
| ||
(j) Bringing an item of contraband listed in paragraphs | ||
(vi), (vii) or
(viii) of subsection (c)(2) in a penal | ||
institution is a Class X felony.
Possessing an item of | ||
contraband listed in paragraphs (vi), (vii), or
(viii) of | ||
subsection (c)(2) in a penal institution is a Class X felony.
| ||
(k) It shall be an affirmative defense to subsection
(b) | ||
hereof, that
such possession was specifically authorized by | ||
rule, regulation, or
directive of the governing authority of | ||
the penal institution or order
issued pursuant thereto.
| ||
(l) It shall be an affirmative defense to subsection (a)(1) | ||
and
subsection (b) hereof that the person bringing into or | ||
possessing
contraband in a penal institution had been arrested, | ||
and that that person
possessed such contraband at the time of | ||
his
arrest, and that such contraband was brought into or | ||
possessed in the penal
institution by that person as a direct | ||
and immediate result of his arrest.
| ||
(m) Items confiscated may be retained for use by the | ||
Department of
Corrections or disposed of as deemed appropriate | ||
by the Chief Administrative
Officer in accordance with | ||
Department rules or disposed of as required by
law.
| ||
(Source: P.A. 94-556, eff. 9-11-05.)
| ||
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
| ||
Sec. 31A-1.2. Unauthorized bringing of contraband into a | ||
penal institution
by an employee; unauthorized possessing of | ||
contraband in a penal institution by
an employee; unauthorized | ||
delivery of contraband in a penal institution by an
employee.
| ||
(a) A person commits the offense of unauthorized bringing | ||
of contraband into
a penal institution by an employee when a | ||
person who is an employee knowingly
and without authority or | ||
any person designated or authorized to grant such
authority:
| ||
(1) brings or attempts to bring an item of contraband | ||
listed in paragraphs
(i) through (iv) of subsection (d)(4) | ||
into a penal institution, or
| ||
(2) causes or permits another to bring an item of | ||
contraband listed in
paragraphs (i) through (iv) of | ||
subsection (d)(4) into a penal
institution.
| ||
(b) A person commits the offense of unauthorized possession | ||
of contraband in
a penal institution by an employee when a | ||
person who is an employee knowingly
and without authority of | ||
any person designated or authorized to grant such
authority | ||
possesses contraband listed in paragraphs (i) through (iv) of
| ||
subsection (d)(4) in a penal institution, regardless of the | ||
intent with which
he possesses it.
| ||
(c) A person commits the offense of unauthorized delivery | ||
of contraband
in a penal institution by an employee when a | ||
person who is an employee
knowingly and without authority of | ||
any person designated or authorized to grant
such authority:
| ||
(1) delivers or possesses with intent to deliver an | ||
item of contraband
to any inmate of a penal institution, or
| ||
(2) conspires to deliver or solicits the delivery of an | ||
item of
contraband to any inmate of a penal institution, or
| ||
(3) causes or permits the delivery of an item of | ||
contraband to any
inmate of a penal institution, or
| ||
(4) permits another person to attempt to deliver an | ||
item of contraband to
any inmate of a penal institution.
| ||
(d) For purpose of this Section, the words and phrases | ||
listed below
shall be defined as follows:
| ||
(1) "Penal Institution" shall have the meaning | ||
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | ||
this Code;
| ||
(2) "Employee" means any elected or appointed officer, | ||
trustee or
employee of a penal institution or of the | ||
governing authority of the penal
institution, or any person | ||
who performs services for the penal institution
pursuant to | ||
contract with the penal institution or its governing
| ||
authority.
| ||
(3) "Deliver" or "delivery" means the actual, | ||
constructive or attempted
transfer of possession of an item | ||
of contraband, with or without consideration,
whether or | ||
not there is an agency relationship;
| ||
(4) "Item of contraband" means any of the following:
| ||
(i) "Alcoholic liquor" as such term is defined in | ||
Section 1-3.05 of the
Liquor Control Act of 1934.
| ||
(ii) "Cannabis" as such term is defined in | ||
subsection (a) of
Section 3 of the Cannabis Control | ||
Act.
| ||
(iii) "Controlled substance" as such term is | ||
defined in the Illinois
Controlled Substances Act.
| ||
(iii-a) "Methamphetamine" as such term is defined | ||
in the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
| ||
(iv) "Hypodermic syringe" or hypodermic needle, or | ||
any instrument
adapted for use of controlled | ||
substances or cannabis by subcutaneous injection.
| ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
razor, stiletto,
broken bottle, or other piece of glass | ||
which could be used as a dangerous
weapon. Such term | ||
includes any of the devices or implements designated in
| ||
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | ||
of this Act, or any
other dangerous weapon or | ||
instrument of like character.
| ||
(vi) "Firearm" means any device, by whatever name | ||
known, which is
designed to expel a projectile or | ||
projectiles by the action of an explosion,
expansion of | ||
gas or escape of gas, including but not limited to:
| ||
(A) any pneumatic gun, spring gun, or B-B gun | ||
which expels a single
globular projectile not | ||
exceeding .18 inch in diameter; or
| ||
(B) any device used exclusively for signaling | ||
or safety and required
or recommended by the United | ||
States Coast Guard or the Interstate Commerce
| ||
Commission; or
| ||
(C) any device used exclusively for the firing | ||
of stud cartridges,
explosive rivets or industrial | ||
ammunition; or
| ||
(D) any device which is powered by electrical | ||
charging units, such as
batteries, and which fires | ||
one or several barbs attached to a length of
wire | ||
and which, upon hitting a human, can send out | ||
current capable of
disrupting the person's nervous | ||
system in such a manner as to render him
incapable | ||
of normal functioning, commonly referred to as a | ||
stun gun or taser.
| ||
(vii) "Firearm ammunition" means any | ||
self-contained cartridge or shotgun
shell, by whatever | ||
name known, which is designed to be used or adaptable | ||
to
use in a firearm, including but not limited to:
| ||
(A) any ammunition exclusively designed for | ||
use with a device used
exclusively for signaling or | ||
safety and required or recommended by the
United | ||
States Coast Guard or the Interstate Commerce | ||
Commission; or
| ||
(B) any ammunition designed exclusively for | ||
use with a stud or rivet
driver or other similar | ||
industrial ammunition.
| ||
(viii) "Explosive" means, but is not limited to, | ||
bomb, bombshell,
grenade, bottle or other container | ||
containing an explosive substance of
over one-quarter | ||
ounce for like purposes such as black powder bombs and
| ||
Molotov cocktails or artillery projectiles.
| ||
(ix) "Tool to defeat security mechanisms" means, | ||
but is not limited
to,
handcuff or security restraint | ||
key, tool designed to pick locks, or device or
| ||
instrument capable of unlocking handcuff or security | ||
restraints, doors to
cells, rooms, gates or other areas | ||
of the penal institution.
| ||
(x) "Cutting tool" means, but is not limited to, | ||
hacksaw blade,
wirecutter, or device, instrument or | ||
file capable of cutting through metal.
| ||
(xi) "Electronic contraband" means, but is not | ||
limited to, any
electronic, video recording device, | ||
computer, or cellular communications
equipment, | ||
including, but not
limited to, cellular telephones, | ||
cellular telephone batteries, videotape
recorders, | ||
pagers,
computers, and computer peripheral equipment.
| ||
(e) A violation of paragraphs (a) or (b) of this Section | ||
involving alcohol
is a Class 4 felony. A violation of paragraph | ||
(a) or (b) of this Section
involving cannabis is a Class 2 | ||
felony. A violation of paragraph (a) or (b)
involving any | ||
amount of a controlled substance classified in Schedules III, | ||
IV
or V of Article II of the Illinois Controlled Substances Act | ||
is a Class 1
felony. A
violation of paragraph (a) or (b) of | ||
this Section involving any amount of a
controlled substance | ||
classified in Schedules I or II of Article II of the
Illinois | ||
Controlled Substances Act is a Class X felony. A violation of
| ||
paragraph (a) or
(b) involving an item of contraband listed in | ||
paragraph (iv) of subsection
(d)(4) is a Class X felony. A | ||
violation of paragraph (a) or (b) involving an
item of | ||
contraband listed in paragraph (v) or (xi) of subsection (d)(4) | ||
is
a Class 1
felony. A violation of paragraph (a) or (b) | ||
involving an item of contraband
listed in paragraphs (vi), | ||
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
| ||
(f) A violation of paragraph (c) of this Section involving | ||
alcoholic
liquor is a Class 3 felony. A violation of paragraph | ||
(c) involving cannabis
is a Class 1 felony. A violation of | ||
paragraph (c) involving any amount of a
controlled substance | ||
classified in Schedules III, IV or V of Article II of the
| ||
Illinois Controlled Substances Act is a Class X felony. A | ||
violation of
paragraph (c)
involving any amount of a controlled | ||
substance classified in Schedules I or II
of Article II of the | ||
Illinois Controlled Substances Act is a Class X felony
for | ||
which
the minimum term of imprisonment shall be 8 years. A | ||
violation of paragraph
(c) involving an item of contraband | ||
listed in paragraph (iv) of subsection
(d)(4) is a Class X | ||
felony for which the minimum term of imprisonment shall be
8 | ||
years. A violation of paragraph (c) involving an item of | ||
contraband listed
in paragraph (v), (ix) or (x) of subsection | ||
(d)(4) is a Class X felony for
which the minimum
term of | ||
imprisonment shall be 10 years. A violation of paragraph (c) | ||
involving
an item of contraband listed in paragraphs (vi), | ||
(vii) or (viii) of subsection
(d)(4) is a Class X felony for | ||
which the minimum term of imprisonment shall be
12 years.
| ||
(g) Items confiscated may be retained for use by the | ||
Department of
Corrections or disposed of as deemed appropriate | ||
by the Chief Administrative
Officer in accordance with | ||
Department rules or disposed of as required by
law.
| ||
(Source: P.A. 94-556, eff. 9-11-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||