HB3936 102ND GENERAL ASSEMBLY

LRB102 16964 RLC 22382 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3936

Introduced 2/22/2021, by Rep. Tony McCombie

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31A-0.1
720 ILCS 5/31A-1.3 new

Amends the Criminal Code of 2012. Creates the offense of violation of a parole host agreement. Provides that a person commits violation of a parole host agreement when he or she hosts a releasee and he or she knowingly stores or leaves, within premises under his or her control, a firearm if the person knows or has reason to believe that the releasee is likely to gain access to the firearm and the releasee gains access to the firearm. Includes a person who hosts a person serving aftercare release and who has entered into an agreement with the Department of Juvenile Justice to host a person serving aftercare release. Provides exceptions. Provides that violation of a parole host agreement is a Class A misdemeanor. Provides that if the releasee gains access to the host's firearm, the violation is a Class A misdemeanor. Provides that if the releasee uses the firearm in the commission of an offense that does not result in death or great bodily harm to another person, the host is guilty of a Class 4 felony and a Class 3 felony if the releasee's use of the firearm proximately causes death or great bodily harm to another person.

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 Section 31A-0.1 and by adding Section 31A-1.3 as follows:

(720 ILCS 5/31A-0.1)

Sec. 31A-0.1. Definitions. For the purposes of this Article:

"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.

"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.

"Hosts" means to provide a residence in his or her dwelling to a person serving a parole, aftercare, or mandatory supervised release term under a parole or release plan adopted by the Department of Corrections or the Department of Juvenile Justice that identifies the host as the person in whose household the releasee will reside or is residing.

"Item of contraband" means any of the following:

(i) "Alcoholic liquor" as that term is defined in Section 1-3.05 of the Liquor Control Act of 1934.

(ii) "Cannabis" as that term is defined in subsection (a) of Section 3 of the Cannabis Control Act.

(iii) "Controlled substance" as that term is defined in the Illinois Controlled Substances Act.

(iii-a) "Methamphetamine" as that 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. This term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of this Code, or any other dangerous weapon or instrument of like character.

(vi) For purposes of this Section and Sections 31A-1.1 and 31A-1.2 only, "firearm" "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 or her 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" for the purposes of Section 31A-1.1 of this Article 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. "Electronic contraband" for the purposes of Section 31A-1.2 of this Article, 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.

"Host site agreement" means an agreement between a person who hosts a person serving aftercare release and the Department of Juvenile Justice.

"Parole host agreement" means a host site agreement, electronic detention host agreement, or similar written agreement between a person who hosts a releasee and the Department of Corrections.

"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, a violation of aftercare release, 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 Article shall not apply to that part of the building unrelated to the incarceration or custody of persons.

"Releasee" means a person serving a term of parole, mandatory supervised release, or aftercare release.

(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)

(720 ILCS 5/31A-1.3 new)

Sec. 31A-1.3. Violation of a parole host agreement or host site agreement.

(a) A person commits violation of a parole host agreement or host site agreement when he or she hosts a releasee and he or she knowingly stores or leaves, within premises under his or her control, a firearm if the person knows or has reason to believe that the releasee is likely to gain access to the firearm and the releasee gains access to the firearm unless the firearm is:

(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable;

(2) placed in a securely locked box or container; or

(3) placed in some other location that a reasonable person would believe to be secure from the releasee.

(b) Subsection (a) does not apply:

(1) if the releasee gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

(2) to any firearm obtained by the releasee because of an unlawful entry of the premises by the releasee or another person.

(c) Sentence. A person who violates subsection (a) is guilty of a Class A misdemeanor, except that it is a Class 4 felony if the releasee uses the firearm in the commission of an offense that does not result in death or great bodily harm to another person; or a Class 3 felony if the releasee uses the firearm in the commission of an offense that proximately causes death or great bodily harm to another person.