HB4122 100TH GENERAL ASSEMBLY

LRB100 15058 RLC 29897 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4122

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:

720 ILCS 5/2-2.5 new
720 ILCS 5/2-11.5 new
720 ILCS 5/2-23 new
720 ILCS 5/21-5.3 new
720 ILCS 5/31A-1.1	from Ch. 38, par. 31A-1.1
720 ILCS 5/31A-1.2	from Ch. 38, par. 31A-1.2
720 ILCS 5/31A-1.3 new

Amends the Criminal Code of 2012. Creates the offense of criminal trespass to a penal institution with an aircraft or unmanned aerial vehicle. Provides that a person commits the offense when he or she, without lawful authority, knowingly and intentionally operates an aircraft or unmanned aerial vehicle below the navigable airspace overlaying a penal institution. Creates the offense of capturing images or data of a penal institution through the operation of an aircraft or unmanned aerial vehicle. Provides that a person commits the offense when he or she, without lawful authority, knowingly and intentionally operates an aircraft or unmanned aerial vehicle below the navigable airspace overlaying a penal institution and captures images or data of the penal institution through the operation of the aircraft or unmanned aerial vehicle, with the intent to commit, facilitate, or aid in the commission of a violation of the Interference With Penal Institution Article of the Code or the offense of escape or aiding escape. Establishes penalties and provides exemptions.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 31A-1.1 and 31A-1.2 and by adding Sections 2-2.5, 2-11.5, 2-23, 21-5.3, and 31A-1.3 as follows:

(720 ILCS 5/2-2.5 new)

Sec. 2-2.5. Aircraft.

"Aircraft" means any contrivance invented, used, or designed to navigate, or fly in, the air.

(720 ILCS 5/2-11.5 new)

Sec. 2-11.5. Navigable airspace.

"Navigable airspace" has the meaning ascribed to it in 49 U.S.C. 40102.

(720 ILCS 5/2-23 new)

Sec. 2-23. Unmanned aerial vehicle.

"Unmanned aerial vehicle" means an unmanned aircraft or drone and its associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

(720 ILCS 5/21-5.3 new)

Sec. 21-5.3. Criminal trespass to a penal institution with an aircraft or unmanned aerial vehicle.

(a) Except as provided in subsection (b) of this Section, a person commits criminal trespass to a penal institution with an aircraft or unmanned aerial vehicle when he or she, without lawful authority, knowingly and intentionally operates an aircraft or unmanned aerial vehicle below the navigable airspace overlaying a penal institution.

(b) This Section does not apply to an employee of the penal institution who operates the aircraft or unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to operate the aircraft or unmanned aerial vehicle.

(c) Sentence. A violation of this Section is a Class A misdemeanor.

(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 bringing contraband into a penal institution when he or she knowingly and without authority of any person designated or authorized to grant this 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 possessing contraband in a penal institution when he or she knowingly possesses contraband in a penal institution, regardless of the intent with which he or she possesses it.

(c) (Blank).

(d) Sentence.

(1) Bringing into or possessing alcoholic liquor in a penal institution is a Class 4 felony.

(2) Bringing into or possessing cannabis in a penal institution is a Class 3 felony.

(3) Bringing into or possessing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 2 felony.

(4) Bringing into or possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 1 felony.

(5) Bringing into or possessing a hypodermic syringe in a penal institution is a Class 1 felony.

(6) Bringing into or possessing a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband in a penal institution is a Class 1 felony.

(7) Bringing into or possessing a firearm, firearm ammunition, or explosive in a penal institution is a Class X felony.

(8) If a person commits bringing contraband into a penal institution by use of an unmanned aerial vehicle, in addition to any other penalty provided in this subsection (d), one year of imprisonment shall be added to the sentence imposed by the court.

(e) It shall be an affirmative defense to subsection (b), that the possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued under it.

(f) It shall be an affirmative defense to subsection (a)(1) and subsection (b) that the person bringing into or possessing contraband in a penal institution had been arrested, and that person possessed the contraband at the time of his or her arrest, and that the contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his or her arrest.

(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. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

(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 unauthorized bringing of contraband into 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 this authority:

(1) brings or attempts to bring an item of contraband into a penal institution, or

(2) causes or permits another to bring an item of contraband into a penal institution.

(b) A person commits 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 this authority possesses an item of contraband in a penal institution, regardless of the intent with which he or she possesses it.

(c) A person commits 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 this 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 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) Sentence.

(1) 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 a hypodermic syringe is a Class X felony. A violation of paragraph (a) or (b) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class 1 felony. A violation of paragraph (a) or (b) involving a firearm, firearm ammunition, or explosive is a Class X felony.

(2) 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 a hypodermic syringe is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving a firearm, firearm ammunition, or explosive is a Class X felony for which the minimum term of imprisonment shall be 12 years.

(3) If a person violates this Section by use of an unmanned aerial vehicle, in addition to any other penalty provided in this subsection (e), one year of imprisonment shall be added to the sentence imposed by the court.

(f) 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.

(g) For a violation of subsection (a) or (b) involving alcoholic liquor, a weapon, firearm, firearm ammunition, tool to defeat security mechanisms, cutting tool, or electronic contraband, the 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. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.)

(720 ILCS 5/31A-1.3 new)

Sec. 31A-1.3. Capturing images or data of a penal institution through the operation of an aircraft or unmanned aerial vehicle.

(a) Except as provided in subsection (b) of this Section, a person commits capturing images or data of a penal institution through the operation of an aircraft or unmanned aerial vehicle when he or she, without lawful authority, knowingly and intentionally operates an aircraft or unmanned aerial vehicle below the navigable airspace overlaying a penal institution and captures images or data of the penal institution through the operation of the aircraft or unmanned aerial vehicle, with the intent to commit, facilitate, or aid in the commission of a violation of this Article or Section 31-6 or 31-7 of the Criminal Code of 2012.

(b) This Section does not apply to an employee of the penal institution who captures images or data of the facility or institution through the operation of an aircraft or unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to capture images or data of the facility or institution through the operation of an aircraft or unmanned aerial vehicle.

(c) Sentence. A violation of this Section is a Class 4 felony.