96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5525

 

Introduced 2/9/2010, by Rep. Karen A. Yarbrough

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31A-1.2   from Ch. 38, par. 31A-1.2

    Amends the Criminal Code of 1961. Provides that it is a Class 1 felony for an employee of a penal institution, without authority of any person designated or authorized to grant such authority, to bring into or to attempt to bring into the penal institution, or to possess in the penal institution a tool to defeat security mechanisms or a cutting tool. Provides that it is a Class X felony with a minimum term of imprisonment of 10 years for a person who is an employee of a penal institution to knowingly and without authority of any person designated or authorized to grant such authority to deliver or possess with intent to deliver electronic contraband in the penal institution. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 5. The Criminal Code of 1961 is amended by changing
5 Section 31A-1.2 as follows:
 
6     (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
7     Sec. 31A-1.2. Unauthorized bringing of contraband into a
8 penal institution by an employee; unauthorized possessing of
9 contraband in a penal institution by an employee; unauthorized
10 delivery of contraband in a penal institution by an employee.
11     (a) A person commits the offense of unauthorized bringing
12 of contraband into a penal institution by an employee when a
13 person who is an employee knowingly and without authority of
14 any person designated or authorized to grant such authority:
15         (1) brings or attempts to bring an item of contraband
16     listed in subsection (d)(4) into a penal institution, or
17         (2) causes or permits another to bring an item of
18     contraband listed in subsection (d)(4) into a penal
19     institution.
20     (b) A person commits the offense of unauthorized possession
21 of contraband in a penal institution by an employee when a
22 person who is an employee knowingly and without authority of
23 any person designated or authorized to grant such authority

 

 

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1 possesses contraband listed in subsection (d)(4) in a penal
2 institution, regardless of the intent with which he possesses
3 it.
4     (c) A person commits the offense of unauthorized delivery
5 of contraband in a penal institution by an employee when a
6 person who is an employee knowingly and without authority of
7 any person designated or authorized to grant such authority:
8         (1) delivers or possesses with intent to deliver an
9     item of contraband to any inmate of a penal institution, or
10         (2) conspires to deliver or solicits the delivery of an
11     item of contraband to any inmate of a penal institution, or
12         (3) causes or permits the delivery of an item of
13     contraband to any inmate of a penal institution, or
14         (4) permits another person to attempt to deliver an
15     item of contraband to any inmate of a penal institution.
16     (d) For purpose of this Section, the words and phrases
17 listed below shall be defined as follows:
18         (1) "Penal Institution" shall have the meaning
19     ascribed to it in subsection (c)(1) of Section 31A-1.1 of
20     this Code;
21         (2) "Employee" means any elected or appointed officer,
22     trustee or employee of a penal institution or of the
23     governing authority of the penal institution, or any person
24     who performs services for the penal institution pursuant to
25     contract with the penal institution or its governing
26     authority.

 

 

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1         (3) "Deliver" or "delivery" means the actual,
2     constructive or attempted transfer of possession of an item
3     of contraband, with or without consideration, whether or
4     not there is an agency relationship;
5         (4) "Item of contraband" means any of the following:
6             (i) "Alcoholic liquor" as such term is defined in
7         Section 1-3.05 of the Liquor Control Act of 1934.
8             (ii) "Cannabis" as such term is defined in
9         subsection (a) of Section 3 of the Cannabis Control
10         Act.
11             (iii) "Controlled substance" as such term is
12         defined in the Illinois Controlled Substances Act.
13             (iii-a) "Methamphetamine" as such term is defined
14         in the Illinois Controlled Substances Act or the
15         Methamphetamine Control and Community Protection Act.
16             (iv) "Hypodermic syringe" or hypodermic needle, or
17         any instrument adapted for use of controlled
18         substances or cannabis by subcutaneous injection.
19             (v) "Weapon" means any knife, dagger, dirk, billy,
20         razor, stiletto, broken bottle, or other piece of glass
21         which could be used as a dangerous weapon. Such term
22         includes any of the devices or implements designated in
23         subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
24         of this Act, or any other dangerous weapon or
25         instrument of like character.
26             (vi) "Firearm" means any device, by whatever name

 

 

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1         known, which is designed to expel a projectile or
2         projectiles by the action of an explosion, expansion of
3         gas or escape of gas, including but not limited to:
4                 (A) any pneumatic gun, spring gun, or B-B gun
5             which expels a single globular projectile not
6             exceeding .18 inch in diameter; or
7                 (B) any device used exclusively for signaling
8             or safety and required or recommended by the United
9             States Coast Guard or the Interstate Commerce
10             Commission; or
11                 (C) any device used exclusively for the firing
12             of stud cartridges, explosive rivets or industrial
13             ammunition; or
14                 (D) any device which is powered by electrical
15             charging units, such as batteries, and which fires
16             one or several barbs attached to a length of wire
17             and which, upon hitting a human, can send out
18             current capable of disrupting the person's nervous
19             system in such a manner as to render him incapable
20             of normal functioning, commonly referred to as a
21             stun gun or taser.
22             (vii) "Firearm ammunition" means any
23         self-contained cartridge or shotgun shell, by whatever
24         name known, which is designed to be used or adaptable
25         to use in a firearm, including but not limited to:
26                 (A) any ammunition exclusively designed for

 

 

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1             use with a device used exclusively for signaling or
2             safety and required or recommended by the United
3             States Coast Guard or the Interstate Commerce
4             Commission; or
5                 (B) any ammunition designed exclusively for
6             use with a stud or rivet driver or other similar
7             industrial ammunition.
8             (viii) "Explosive" means, but is not limited to,
9         bomb, bombshell, grenade, bottle or other container
10         containing an explosive substance of over one-quarter
11         ounce for like purposes such as black powder bombs and
12         Molotov cocktails or artillery projectiles.
13             (ix) "Tool to defeat security mechanisms" means,
14         but is not limited to, handcuff or security restraint
15         key, tool designed to pick locks, or device or
16         instrument capable of unlocking handcuff or security
17         restraints, doors to cells, rooms, gates or other areas
18         of the penal institution.
19             (x) "Cutting tool" means, but is not limited to,
20         hacksaw blade, wirecutter, or device, instrument or
21         file capable of cutting through metal.
22             (xi) "Electronic contraband" means, but is not
23         limited to, any electronic, video recording device,
24         computer, or cellular communications equipment,
25         including, but not limited to, cellular telephones,
26         cellular telephone batteries, videotape recorders,

 

 

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1         pagers, computers, and computer peripheral equipment.
2     For a violation of subsection (a) or (b) involving a
3 cellular telephone or cellular telephone battery, the
4 defendant must intend to provide the cellular telephone or
5 cellular telephone battery to any inmate in a penal
6 institution, or to use the cellular telephone or cellular
7 telephone battery at the direction of an inmate or for the
8 benefit of any inmate of a penal institution.
9     (e) A violation of paragraphs (a) or (b) of this Section
10 involving alcohol is a Class 4 felony. A violation of paragraph
11 (a) or (b) of this Section involving cannabis is a Class 2
12 felony. A violation of paragraph (a) or (b) involving any
13 amount of a controlled substance classified in Schedules III,
14 IV or V of Article II of the Illinois Controlled Substances Act
15 is a Class 1 felony. A violation of paragraph (a) or (b) of
16 this Section involving any amount of a controlled substance
17 classified in Schedules I or II of Article II of the Illinois
18 Controlled Substances Act is a Class X felony. A violation of
19 paragraph (a) or (b) involving an item of contraband listed in
20 paragraph (iv) of subsection (d)(4) is a Class X felony. A
21 violation of paragraph (a) or (b) involving an item of
22 contraband listed in paragraph (v), (ix), (x), or (xi) of
23 subsection (d)(4) is a Class 1 felony. A violation of paragraph
24 (a) or (b) involving an item of contraband listed in paragraphs
25 (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony.
26     (f) A violation of paragraph (c) of this Section involving

 

 

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1 alcoholic liquor is a Class 3 felony. A violation of paragraph
2 (c) involving cannabis is a Class 1 felony. A violation of
3 paragraph (c) involving any amount of a controlled substance
4 classified in Schedules III, IV or V of Article II of the
5 Illinois Controlled Substances Act is a Class X felony. A
6 violation of paragraph (c) involving any amount of a controlled
7 substance classified in Schedules I or II of Article II of the
8 Illinois Controlled Substances Act is a Class X felony for
9 which the minimum term of imprisonment shall be 8 years. A
10 violation of paragraph (c) involving an item of contraband
11 listed in paragraph (iv) of subsection (d)(4) is a Class X
12 felony for which the minimum term of imprisonment shall be 8
13 years. A violation of paragraph (c) involving an item of
14 contraband listed in paragraph (v), (ix), or (x), or (xi) of
15 subsection (d)(4) is a Class X felony for which the minimum
16 term of imprisonment shall be 10 years. A violation of
17 paragraph (c) involving an item of contraband listed in
18 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
19 Class X felony for which the minimum term of imprisonment shall
20 be 12 years.
21     (g) 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     (h) For a violation of subsection (a) or (b) involving
26 items described in clause (i), (v), (vi), (vii), (ix), (x), or

 

 

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1 (xi) of paragraph (4) of subsection (d), such items shall not
2 be considered to be in a penal institution when they are
3 secured in an employee's locked, private motor vehicle parked
4 on the grounds of a penal institution.
5 (Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.