Rep. John E. Bradley
Filed: 3/15/2005
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1 | AMENDMENT TO HOUSE BILL 2412
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2 | AMENDMENT NO. ______. Amend House Bill 2412, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "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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8 | (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
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9 | Sec. 31A-1.1. Bringing Contraband into a Penal | ||||||
10 | Institution;
Possessing Contraband in a Penal Institution.
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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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19 | (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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23 | (c) For the purposes of this Section, the words and phrases
| ||||||
24 | listed below shall be defined as follows:
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1 | (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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4 | 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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20 | (2) "Item of contraband" means any of the following:
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21 | (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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31 | (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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34 | (v) "Weapon" means any knife, dagger, dirk, billy, |
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| |||||||
1 | 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
| ||||||
4 | 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.
| ||||||
7 | (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;
| ||||||
14 | (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
| ||||||
17 | Commission; or
| ||||||
18 | (C) any device used exclusively for the firing | ||||||
19 | of stud cartridges,
explosive rivets or industrial | ||||||
20 | ammunition; or
| ||||||
21 | (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.
| ||||||
29 | (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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| |||||||
1 | safety and required or recommended by the
United | ||||||
2 | States Coast Guard or the Interstate Commerce | ||||||
3 | Commission; or
| ||||||
4 | (B) any ammunition designed exclusively for | ||||||
5 | use with a stud or rivet
driver or other similar | ||||||
6 | industrial ammunition.
| ||||||
7 | (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
| ||||||
11 | Molotov cocktails or artillery projectiles.
| ||||||
12 | (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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21 | (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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30 | (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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1 | (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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17 | (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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22 | (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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26 | "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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29 | (7) "Video game" means an object or device that stores
| ||||||
30 | 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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1 | console, or other technology.
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2 | (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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9 | (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.
| ||||||
16 | (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.
| ||||||
19 | (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.
| ||||||
22 | (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.
| ||||||
29 | (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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1 | (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.
| ||||||
6 | (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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9 | contraband listed in paragraph (v), (ix), (x), or (xi) of
| ||||||
10 | subsection (c)(2) in a
penal
institution is a Class 1 felony.
| ||||||
11 | (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.
| ||||||
16 | (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.
| ||||||
20 | (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.
| ||||||
27 | (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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| |||||||
1 | by the Chief Administrative
Officer in accordance with | ||||||
2 | Department rules or disposed of as required by
law.
| ||||||
3 | (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
| ||||||
4 | (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
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5 | 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.
| ||||||
26 | (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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| |||||||
1 | (3) causes or permits the delivery of an item of | ||||||
2 | contraband to any
inmate of a penal institution, or
| ||||||
3 | (4) permits another person to attempt to deliver an | ||||||
4 | item of contraband to
any inmate of a penal institution.
| ||||||
5 | (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;
| ||||||
10 | (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.
| ||||||
16 | (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
|
| |||||||
| |||||||
1 | 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
|
| |||||||
| |||||||
1 | (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 |
| |||||||
| |||||||
1 | 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 |
| |||||||
| |||||||
1 | 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.)".
|