94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2613


 
Introduced 1/20/2006, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		
















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







    Amends the Criminal Code of 1961. Re-enacts the provisions of
Public Act 89-688 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
was held unconstitutional as violating the single subject clause of the
Illinois
Constitution). Effective immediately.
















LRB094 16170 RLC 51412 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2613

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1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Findings; purpose.
5
    (a) The General Assembly finds and declares that:

6
        (1) Public Act 89-688, effective June 1, 1997, 
7
    contained provisions
amending Sections 31A-1.1 and 31A-1.2 
8
    of the Criminal Code of 1961
relating to bringing 
9
    contraband into a penal institution; possessing
contraband 
10
    in a penal institution; and unauthorized bringing of 
11
    contraband
into a penal institution by an employee. Public 
12
    Act 89-688 also contained
other provisions.

13
        (2) On October 20, 2000, in People v. Jerry Lee Foster, 
14
    316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth 
15
    District, ruled that Public Act
89-688 violates the single 
16
    subject clause of the Illinois Constitution (Article
IV, 
17
    Section 8 (d)) and is therefore unconstitutional in its 
18
    entirety.
The Illinois Supreme Court agreed with the 
19
    reasoning of  that court in People v. Burdunice, 211 Ill. 2d 
20
    264 (2004).
21
        (3) The provisions added to Sections 31A-1.1 and 
22
    31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 
23
    are of vital concern to the
people of this State. Prompt 
24
    legislative action concerning those provisions is

25
    necessary.

26
        (4) Section 31A-1.1 of the Criminal Code of 1961 has 
27
    subsequently
been amended by Public Act 94-556.  Section 
28
    31A-1.2 of the Criminal Code of 1961 has subsequently
been 
29
    amended by Public Acts 90-655, 91-357, and 94-556.

30
    (b) It is the purpose of this Act to re-enact Sections 
31
31A-1.1 and 31A-1.2
of the Criminal Code of 1961, including the 
32
provisions added by Public
Act 89-688 and the subsequent 
33
amendment to Section 31A-1.1 by Public Act 94-556 and 
 


 






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subsequent amendments to Section 31A-1.2 by Public Acts 90-655, 
2
91-357, and 94-556. This re-enactment is intended to remove any 
3
question as to the
validity or content of those provisions; it 
4
is not intended to supersede any
other Public Act that amends 
5
the text of the Sections as set forth in this Act.
The 
6
re-enacted material is shown in this Act as existing text 
7
(i.e., without
underscoring).

 
8
    Section 5. The Criminal Code of 1961 is amended  by 
9
re-enacting Sections 31A-1.1 and 31A-1.2 as follows:
 



10
    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)


11
    Sec. 31A-1.1. Bringing Contraband into a Penal 
12
Institution;
Possessing Contraband in a Penal Institution.

13
    (a) A person commits the offense of bringing contraband 
14
into a penal
institution when he knowingly and without 
15
authority of any person designated
or authorized to grant such 
16
authority (1) brings an item of contraband into
a penal 
17
institution or (2) causes another to bring an item of

18
contraband into a penal institution or (3) places an item of

19
contraband in such proximity to a penal institution as to give 
20
an
inmate access to the contraband.

21
    (b) A person commits the offense of possessing contraband 
22
in a
penal institution when he possesses contraband in a penal 
23
institution,
regardless of the intent with which he possesses 
24
it.

25
    (c) For the purposes of this Section, the words and phrases

26
listed below shall be defined as follows:


27
        (1) "Penal institution" means any penitentiary, State 
28
    farm,
reformatory, prison, jail, house of correction, 
29
    police detention area,
half-way house or other institution 
30
    or place for the incarceration or
custody of persons under 
31
    sentence for offenses awaiting trial or sentence
for 
32
    offenses, under arrest for an offense, a violation of 
33
    probation, a
violation of parole, or a violation of 
34
    mandatory supervised release, or
awaiting a bail setting 
 


 






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    hearing or preliminary hearing; provided that where
the 
2
    place for incarceration or custody is housed within another 
3
    public
building this Act shall not apply to that part of 
4
    such building unrelated
to the incarceration or custody of 
5
    persons.


6
        (2) "Item of contraband" means any of the following:


7
            (i) "Alcoholic liquor" as such term is defined in 
8
        Section 1-3.05 of the

Liquor Control Act of 1934.


9
            (ii) "Cannabis" as such term is defined in 
10
        subsection (a) of Section 3
of the Cannabis Control 
11
        Act.


12
            (iii) "Controlled substance" as such term is 
13
        defined in the Illinois
Controlled Substances Act.

14
            (iii-a) "Methamphetamine" as such term is defined 
15
        in the Illinois Controlled Substances Act or the 
16
        Methamphetamine Control and Community Protection Act.


17
            (iv) "Hypodermic syringe" or hypodermic needle, or 
18
        any instrument
adapted for use of controlled 
19
        substances or cannabis by subcutaneous injection.


20
            (v) "Weapon" means any knife, dagger, dirk, billy, 
21
        razor, stiletto,
broken bottle, or other piece of glass 
22
        which could be used as a dangerous
weapon.  Such term 
23
        includes any of the devices or implements designated in

24
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
25
        of this
Act, or any other dangerous weapon or 
26
        instrument of like character. 


27
            (vi) "Firearm" means any device, by whatever name 
28
        known, which is
designed to expel a projectile or 
29
        projectiles by the action of an
explosion, expansion of 
30
        gas or escape of gas, including but not limited to:


31
                (A) any pneumatic gun, spring gun, or B-B gun 
32
            which expels a single
globular projectile not 
33
            exceeding .18 inch in diameter, or;


34
                (B) any device used exclusively for signaling 
35
            or safety and required
as
recommended by the United 
36
            States Coast Guard or the Interstate Commerce

 


 






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            Commission; or


2
                (C) any device used exclusively for the firing 
3
            of stud cartridges,
explosive rivets or industrial 
4
            ammunition; or


5
                (D) any device which is powered by electrical 
6
            charging units, such as
batteries, and which fires 
7
            one or several barbs attached to a length of
wire 
8
            and which, upon hitting a human, can send out 
9
            current capable of
disrupting the person's nervous 
10
            system in such a manner as to render him
incapable 
11
            of normal functioning, commonly referred to as a 
12
            stun gun or taser.


13
            (vii) "Firearm ammunition" means any 
14
        self-contained cartridge or shotgun
shell, by whatever 
15
        name known, which is designed to be used or adaptable 
16
        to
use in a firearm, including but not limited to:


17
                (A) any ammunition exclusively designed for 
18
            use with a device used
exclusively for signaling or 
19
            safety and required or recommended by the
United 
20
            States Coast Guard or the Interstate Commerce 
21
            Commission; or


22
                (B) any ammunition designed exclusively for 
23
            use with a stud or rivet
driver or other similar 
24
            industrial ammunition.


25
            (viii) "Explosive" means, but is not limited to, 
26
        bomb, bombshell,
grenade, bottle or other container 
27
        containing an explosive substance of
over one-quarter 
28
        ounce for like purposes such as black powder bombs and

29
        Molotov cocktails or artillery projectiles.


30
            (ix) "Tool to defeat security mechanisms" means, 
31
        but is not limited to,
handcuff or security restraint 
32
        key, tool designed to pick locks, or device or

33
        instrument capable of unlocking handcuff or security 
34
        restraints, doors to
cells, rooms, gates or other areas 
35
        of the penal institution.


36
            (x) "Cutting tool" means, but is not limited to, 
 


 






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        hacksaw blade,
wirecutter,
or device, instrument or 
2
        file capable of cutting through metal.


3
            (xi) "Electronic contraband" means, but is not 
4
        limited to, any
electronic, video recording device, 
5
        computer, or cellular communications
equipment, 
6
        including, but not
limited to, cellular telephones, 
7
        cellular telephone batteries, videotape
recorders, 
8
        pagers,
computers, and computer peripheral equipment 
9
        brought into or possessed in a
penal institution 
10
        without the written authorization of the Chief 
11
        Administrative
Officer.

12
    (d) Bringing alcoholic liquor into a penal institution is a 
13
Class 4
felony.  Possessing alcoholic liquor in a penal 
14
institution is a Class 4
felony.

15
    (e) Bringing cannabis into a penal institution is a Class 3 
16
felony.
Possessing cannabis in a penal institution is a Class 3 
17
felony.

18
    (f) Bringing any amount of a controlled substance 
19
classified in
Schedules III, IV or V of Article II of the 
20
Controlled Substance Act into a
penal institution is a Class 2 
21
felony.  Possessing any amount of a
controlled substance 
22
classified in Schedule III, IV, or V of Article II of
the 
23
Controlled Substance Act in a penal institution is a Class 2 
24
felony.

25
    (g) Bringing any amount of a controlled substance 
26
classified in
Schedules I or II of Article II of the Controlled 
27
Substance Act into a
penal institution is a Class 1 felony.  
28
Possessing any amount of a
controlled substance classified in 
29
Schedules I or II of Article II of the
Controlled Substance Act 
30
in a penal institution is a Class 1 felony.

31
    (h) Bringing an item of contraband listed in paragraph (iv) 
32
of
subsection (c)(2) into a penal institution is a Class 1 
33
felony.  Possessing
an item of contraband listed in paragraph 
34
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
35
felony.

36
    (i) Bringing an item of contraband listed in paragraph (v), 
 


 






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(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
2
institution is a Class 1 felony.  Possessing an item of

3
contraband listed in paragraph (v), (ix), (x), or (xi) of

4
subsection (c)(2) in a
penal
institution is a Class 1 felony.

5
    (j) Bringing an item of contraband listed in paragraphs 
6
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
7
institution is a Class X felony.
Possessing an item of 
8
contraband listed in paragraphs (vi), (vii), or
(viii) of 
9
subsection (c)(2) in a penal institution is a Class X felony.

10
    (k) It shall be an affirmative defense to subsection
(b) 
11
hereof, that
such possession was specifically authorized by 
12
rule, regulation, or
directive of the governing authority of 
13
the penal institution or order
issued pursuant thereto.

14
    (l) It shall be an affirmative defense to subsection (a)(1) 
15
and
subsection (b) hereof that the person bringing into or 
16
possessing
contraband in a penal institution had been arrested, 
17
and that that person
possessed such contraband at the time of 
18
his
arrest, and that such contraband was brought into or 
19
possessed in the penal
institution by that person as a direct 
20
and immediate result of his arrest.

21
    (m) Items confiscated may be retained for use by the 
22
Department of
Corrections or disposed of as deemed appropriate 
23
by the Chief Administrative
Officer in accordance with 
24
Department rules or disposed of as required by
law.

25
(Source: P.A. 94-556, eff. 9-11-05.)

 



26
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)


27
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
28
penal institution
by an employee; unauthorized possessing of 
29
contraband in a penal institution by
an employee; unauthorized 
30
delivery of contraband in a penal institution by an
employee.

31
    (a) A person commits the offense of unauthorized bringing 
32
of contraband into
a penal institution by an employee when a 
33
person who is an employee knowingly
and without authority or 
34
any person designated or authorized to grant such
authority:


35
        (1) brings or attempts to bring an item of contraband 
 


 






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    listed in paragraphs
(i) through (iv) of subsection (d)(4) 
2
    into a penal institution, or


3
        (2) causes or permits another to bring an item of 
4
    contraband listed in
paragraphs (i) through (iv) of 
5
    subsection (d)(4) into a penal
institution.

6
    (b) A person commits the offense of unauthorized possession 
7
of contraband in
a penal institution by an employee when a 
8
person who is an employee knowingly
and without authority of 
9
any person designated or authorized to grant such
authority 
10
possesses contraband listed in paragraphs (i) through (iv) of

11
subsection (d)(4) in a penal institution, regardless of the 
12
intent with which
he possesses it.

13
    (c) A person commits the offense of unauthorized delivery 
14
of contraband
in a penal institution by an employee when a 
15
person who is an employee
knowingly and without authority of 
16
any person designated or authorized to grant
such authority:


17
        (1) delivers or possesses with intent to deliver an 
18
    item of contraband
to any inmate of a penal institution, or


19
        (2) conspires to deliver or solicits the delivery of an 
20
    item of
contraband to any inmate of a penal institution, or


21
        (3) causes or permits the delivery of an item of 
22
    contraband to any
inmate of a penal institution, or


23
        (4) permits another person to attempt to deliver an 
24
    item of contraband to
any inmate of a penal institution.

25
    (d) For purpose of this Section, the words and phrases 
26
listed below
shall be defined as follows:


27
        (1) "Penal Institution" shall have the meaning 
28
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
29
    this Code;


30
        (2) "Employee" means any elected or appointed officer, 
31
    trustee or
employee of a penal institution or of the 
32
    governing authority of the penal
institution, or any person 
33
    who performs services for the penal institution
pursuant to 
34
    contract with the penal institution or its governing

35
    authority.


36
        (3) "Deliver" or "delivery" means the actual, 
 


 






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    constructive or attempted
transfer of possession of an item 
2
    of contraband, with or without consideration,
whether or 
3
    not there is an agency relationship;


4
        (4) "Item of contraband" means any of the following:


5
            (i) "Alcoholic liquor" as such term is defined in 
6
        Section 1-3.05 of the
Liquor Control Act of 1934.


7
            (ii) "Cannabis" as such term is defined in 
8
        subsection (a) of
Section 3 of the Cannabis Control 
9
        Act.


10
            (iii) "Controlled substance" as such term is 
11
        defined in the Illinois
Controlled Substances Act.

12
            (iii-a) "Methamphetamine" as such term is defined 
13
        in the Illinois Controlled Substances Act or the 
14
        Methamphetamine Control and Community Protection Act.

15
            (iv) "Hypodermic syringe" or hypodermic needle, or 
16
        any instrument
adapted for use of controlled 
17
        substances or cannabis by subcutaneous injection.


18
            (v) "Weapon" means any knife, dagger, dirk, billy, 
19
        razor, stiletto,
broken bottle, or other piece of glass 
20
        which could be used as a dangerous
weapon.  Such term 
21
        includes any of the devices or implements designated in

22
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
23
        of this Act, or any
other dangerous weapon or 
24
        instrument of like character.


25
            (vi) "Firearm" means any device, by whatever name 
26
        known, which is
designed to expel a projectile or 
27
        projectiles by the action of an explosion,
expansion of 
28
        gas or escape of gas, including but not limited to:


29
                (A) any pneumatic gun, spring gun, or B-B gun 
30
            which expels a single
globular projectile not 
31
            exceeding .18 inch in diameter; or


32
                (B) any device used exclusively for signaling 
33
            or safety and required
or recommended by the United 
34
            States Coast Guard or the Interstate Commerce

35
            Commission; or


36
                (C) any device used exclusively for the firing 
 


 






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1
            of stud cartridges,
explosive rivets or industrial 
2
            ammunition; or


3
                (D) any device which is powered by electrical 
4
            charging units, such as
batteries, and which fires 
5
            one or several barbs attached to a length of
wire 
6
            and which, upon hitting a human, can send out 
7
            current capable of
disrupting the person's nervous 
8
            system in such a manner as to render him
incapable 
9
            of normal functioning, commonly referred to as a 
10
            stun gun or taser.


11
            (vii) "Firearm ammunition" means any 
12
        self-contained cartridge or shotgun
shell, by whatever 
13
        name known, which is designed to be used or adaptable 
14
        to
use in a firearm, including but not limited to:


15
                (A) any ammunition exclusively designed for 
16
            use with a device used
exclusively for signaling or 
17
            safety and required or recommended by the
United 
18
            States Coast Guard or the Interstate Commerce 
19
            Commission; or


20
                (B) any ammunition designed exclusively for 
21
            use with a stud or rivet
driver or other similar 
22
            industrial ammunition.


23
            (viii) "Explosive" means, but is not limited to, 
24
        bomb, bombshell,
grenade, bottle or other container 
25
        containing an explosive substance of
over one-quarter 
26
        ounce for like purposes such as black powder bombs and

27
        Molotov cocktails or artillery projectiles.


28
            (ix) "Tool to defeat security mechanisms" means, 
29
        but is not limited
to,
handcuff or security restraint 
30
        key, tool designed to pick locks, or device or

31
        instrument capable of unlocking handcuff or security 
32
        restraints, doors to
cells, rooms, gates or other areas 
33
        of the penal institution.


34
            (x) "Cutting tool" means, but is not limited to, 
35
        hacksaw blade,
wirecutter, or device, instrument or 
36
        file capable of cutting through metal.


 


 






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            (xi) "Electronic contraband" means, but is not 
2
        limited to, any
electronic, video recording device, 
3
        computer, or cellular communications
equipment, 
4
        including, but not
limited to, cellular telephones, 
5
        cellular telephone batteries, videotape
recorders, 
6
        pagers,
computers, and computer peripheral equipment.

7
    (e) A violation of paragraphs (a) or (b) of this Section 
8
involving alcohol
is a Class 4 felony. A violation of paragraph 
9
(a) or (b) of this Section
involving cannabis is a Class 2 
10
felony.  A violation of paragraph (a) or (b)
involving any 
11
amount of a controlled substance classified in Schedules III, 
12
IV
or V of Article II of the Illinois Controlled Substances Act 
13
is a Class 1
felony.  A
violation of paragraph (a) or (b) of 
14
this Section involving any amount of a
controlled substance 
15
classified in Schedules I or II of Article II of the
Illinois 
16
Controlled Substances Act is a Class X felony.  A violation of

17
paragraph (a) or
(b) involving an item of contraband listed in 
18
paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
19
violation of paragraph (a) or (b) involving an
item of 
20
contraband listed in paragraph (v) or (xi) of subsection (d)(4) 
21
is
a Class 1
felony.  A violation of paragraph (a) or (b) 
22
involving an item of contraband
listed in paragraphs (vi), 
23
(vii) or (viii) of subsection (d)(4) is a Class X
felony.

24
    (f) A violation of paragraph (c) of this Section involving 
25
alcoholic
liquor is a Class 3 felony.   A violation of paragraph 
26
(c) involving cannabis
is a Class 1 felony.  A violation of 
27
paragraph (c) involving any amount of a
controlled substance 
28
classified in Schedules III, IV or V of Article II of the

29
Illinois Controlled Substances Act is a Class X felony.  A 
30
violation of
paragraph (c)
involving any amount of a controlled 
31
substance classified in Schedules I or II
of Article II of the 
32
Illinois Controlled Substances Act is a Class X felony
for 
33
which
the minimum term of imprisonment shall be 8 years.  A 
34
violation of paragraph
(c) involving an item of contraband 
35
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
36
felony for which the minimum term of imprisonment shall be
8 
 


 






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1
years.  A violation of paragraph (c) involving an item of 
2
contraband listed
in paragraph (v), (ix) or (x) of subsection 
3
(d)(4) is a Class X felony for
which the minimum
term of 
4
imprisonment shall be 10 years.  A violation of paragraph (c) 
5
involving
an item of contraband listed in paragraphs (vi), 
6
(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
7
which the minimum term of imprisonment shall be
12 years.

8
    (g) Items confiscated may be retained for use by the 
9
Department of
Corrections or disposed of as deemed appropriate 
10
by the Chief Administrative
Officer in accordance with 
11
Department rules or disposed of as required by
law.

12
(Source: P.A. 94-556, eff. 9-11-05.)

 

13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.