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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| any person designated or authorized to grant such
authority |
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| possesses contraband listed in paragraphs (i) through (iv) of
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| subsection (d)(4) in a penal institution, regardless of the |
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| intent with which
he possesses it.
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| (c) A person commits the offense of unauthorized delivery |
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| of contraband
in a penal institution by an employee when a |
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| person who is an employee
knowingly and without authority of |
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| any person designated or authorized to grant
such authority:
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| (1) delivers or possesses with intent to deliver an |
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| item of contraband
to any inmate of a penal institution, or
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| (2) conspires to deliver or solicits the delivery of an |
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| item of
contraband to any inmate of a penal institution, or
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| (3) causes or permits the delivery of an item of |
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| contraband to any
inmate of a penal institution, or
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| (4) permits another person to attempt to deliver an |
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| item of contraband to
any inmate of a penal institution.
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| (d) For purpose of this Section, the words and phrases |
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| listed below
shall be defined as follows:
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| (1) "Penal Institution" shall have the meaning |
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| ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
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| this Code;
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| (2) "Employee" means any elected or appointed officer, |
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| trustee or
employee of a penal institution or of the |
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| governing authority of the penal
institution, or any person |
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| who performs services for the penal institution
pursuant to |
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| contract with the penal institution or its governing
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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| authority.
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| (3) "Deliver" or "delivery" means the actual, |
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| constructive or attempted
transfer of possession of an item |
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| of contraband, with or without consideration,
whether or |
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| not there is an agency relationship;
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| (4) "Item of contraband" means any of the following:
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| (i) "Alcoholic liquor" as such term is defined in |
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| Section 1-3.05 of the
Liquor Control Act of 1934.
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| (ii) "Cannabis" as such term is defined in |
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| subsection (a) of
Section 3 of the Cannabis Control |
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| Act.
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| (iii) "Controlled substance" as such term is |
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| defined in the Illinois
Controlled Substances Act.
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| (iii-a) "Methamphetamine" as such term is defined |
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| in the Illinois Controlled Substances Act or the |
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| Methamphetamine Control and Community Protection Act.
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| (iv) "Hypodermic syringe" or hypodermic needle, or |
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| any instrument
adapted for use of controlled |
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| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, |
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| razor, stiletto,
broken bottle, or other piece of glass |
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| which could be used as a dangerous
weapon. Such term |
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| 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 |
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| of this Act, or any
other dangerous weapon or |
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| instrument of like character.
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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| (vi) "Firearm" means any device, by whatever name |
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| known, which is
designed to expel a projectile or |
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| projectiles by the action of an explosion,
expansion of |
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| gas or escape of gas, including but not limited to:
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| (A) any pneumatic gun, spring gun, or B-B gun |
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| which expels a single
globular projectile not |
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| exceeding .18 inch in diameter; or
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| (B) any device used exclusively for signaling |
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| or safety and required
or recommended by the United |
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| States Coast Guard or the Interstate Commerce
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| Commission; or
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| (C) any device used exclusively for the firing |
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| of stud cartridges,
explosive rivets or industrial |
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| ammunition; or
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| (D) any device which is powered by electrical |
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| charging units, such as
batteries, and which fires |
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| one or several barbs attached to a length of
wire |
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| and which, upon hitting a human, can send out |
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| current capable of
disrupting the person's nervous |
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| system in such a manner as to render him
incapable |
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| of normal functioning, commonly referred to as a |
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| stun gun or taser.
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| (vii) "Firearm ammunition" means any |
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| self-contained cartridge or shotgun
shell, by whatever |
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| name known, which is designed to be used or adaptable |
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| to
use in a firearm, including but not limited to:
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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| (A) any ammunition exclusively designed for |
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| use with a device used
exclusively for signaling or |
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| safety and required or recommended by the
United |
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| States Coast Guard or the Interstate Commerce |
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| Commission; or
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| (B) any ammunition designed exclusively for |
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| use with a stud or rivet
driver or other similar |
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| industrial ammunition.
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| (viii) "Explosive" means, but is not limited to, |
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| bomb, bombshell,
grenade, bottle or other container |
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| containing an explosive substance of
over one-quarter |
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| ounce for like purposes such as black powder bombs and
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| Molotov cocktails or artillery projectiles.
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| (ix) "Tool to defeat security mechanisms" means, |
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| but is not limited
to,
handcuff or security restraint |
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| key, tool designed to pick locks, or device or
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| instrument capable of unlocking handcuff or security |
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| restraints, doors to
cells, rooms, gates or other areas |
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| of the penal institution.
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| (x) "Cutting tool" means, but is not limited to, |
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| hacksaw blade,
wirecutter, or device, instrument or |
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| file capable of cutting through metal.
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| (xi) "Electronic contraband" means, but is not |
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| limited to, any
electronic, video recording device, |
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| computer, or cellular communications
equipment, |
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| including, but not
limited to, cellular telephones, |
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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| cellular telephone batteries, videotape
recorders, |
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| pagers,
computers, and computer peripheral equipment.
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| For a violation of subsection (a) or (b) involving a |
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| cellular telephone or cellular telephone battery, the |
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| defendant must intend to provide the cellular telephone or |
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| cellular telephone battery to any inmate in a penal |
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| institution, or to use the cellular telephone or cellular |
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| telephone battery at the direction of an inmate or for the |
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| benefit of any inmate of a penal institution. |
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| (e) A violation of paragraphs (a) or (b) of this Section |
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| involving alcohol
is a Class 4 felony. A violation of paragraph |
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| (a) or (b) of this Section
involving cannabis is a Class 2 |
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| felony. A violation of paragraph (a) or (b)
involving any |
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| amount of a controlled substance classified in Schedules III, |
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| IV
or V of Article II of the Illinois Controlled Substances Act |
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| is a Class 1
felony. A
violation of paragraph (a) or (b) of |
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| this Section involving any amount of a
controlled substance |
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| classified in Schedules I or II of Article II of the
Illinois |
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| 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 |
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| paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
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| violation of paragraph (a) or (b) involving an
item of |
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| contraband listed in paragraph (v) or (xi) of subsection (d)(4) |
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| is
a Class 1
felony. A violation of paragraph (a) or (b) |
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| involving an item of contraband
listed in paragraphs (vi), |
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| (vii) or (viii) of subsection (d)(4) is a Class X
felony.
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SB1975 Engrossed |
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LRB095 18740 RLC 44853 b |
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| (f) A violation of paragraph (c) of this Section involving |
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| alcoholic
liquor is a Class 3 felony. A violation of paragraph |
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| (c) involving cannabis
is a Class 1 felony. A violation of |
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| paragraph (c) involving any amount of a
controlled substance |
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| 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 |
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| violation of
paragraph (c)
involving any amount of a controlled |
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| substance classified in Schedules I or II
of Article II of the |
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| Illinois Controlled Substances Act is a Class X felony
for |
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| which
the minimum term of imprisonment shall be 8 years. A |
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| violation of paragraph
(c) involving an item of contraband |
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| listed in paragraph (iv) of subsection
(d)(4) is a Class X |
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| felony for which the minimum term of imprisonment shall be
8 |
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| years. A violation of paragraph (c) involving an item of |
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| contraband listed
in paragraph (v), (ix) or (x) of subsection |
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| (d)(4) is a Class X felony for
which the minimum
term of |
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| imprisonment shall be 10 years. A violation of paragraph (c) |
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| involving
an item of contraband listed in paragraphs (vi), |
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| (vii) or (viii) of subsection
(d)(4) is a Class X felony for |
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| which the minimum term of imprisonment shall be
12 years.
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| (g) Items confiscated may be retained for use by the |
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| Department of
Corrections or disposed of as deemed appropriate |
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| by the Chief Administrative
Officer in accordance with |
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| Department rules or disposed of as required by
law.
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| (h) For a violation of subsection (a) or (b) involving |
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| items described in clause (i), (v), (vi), (vii), (ix), (x), or |