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| Public Act 096-1112 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
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
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contraband into a penal institution or (3) places an item of
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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
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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.
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(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
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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
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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
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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, popper, or any device | ||
or
instrument used to or capable of unlocking or | ||
preventing from locking any 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
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contraband listed in paragraph (v), (ix), (x), or (xi) of
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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; 94-1017, eff. 7-7-06.) | ||
(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 of
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any person designated or authorized to grant such
authority: | ||
(1) brings or attempts to bring an item of contraband | ||
listed in subsection (d)(4) into a penal institution, or | ||
(2) causes or permits another to bring an item of | ||
contraband listed in
subsection (d)(4) into a penal
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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
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
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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
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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, popper, or any device | ||
or
instrument used to or capable of unlocking or | ||
preventing from locking any 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. | ||
For a violation of subsection (a) or (b) involving a | ||
cellular telephone or cellular telephone battery, the | ||
defendant must intend to provide the cellular telephone or | ||
cellular telephone battery to any inmate in a penal | ||
institution, or to use the cellular telephone or cellular | ||
telephone battery at the direction of an inmate or for the | ||
benefit of any inmate of a penal institution. | ||
(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
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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
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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. | ||
(h) For a violation of subsection (a) or (b) involving | ||
items described in clause (i), (v), (vi), (vii), (ix), (x), or | ||
(xi) of paragraph (4) of subsection (d), such items shall not | ||
be considered to be in a penal institution when they are | ||
secured in an employee's locked, private motor vehicle parked | ||
on the grounds of a penal institution. | ||
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)
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