94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2412

 

Introduced 2/17/2005, by Rep. John E. Bradley

 

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 relating to the offenses of bringing contraband into a penal institution, possessing contraband in a penal institution, and unauthorized bringing of contraband into a penal institution by an employee. Provides that "M" (Mature) and "AO" (Adults Only) rated video games are contraband in Illinois Department of Corrections institutions and facilities and that bringing into or possessing an "M" or "AO" rated video game in an Illinois Department of Corrections institution or facility whether by a prisoner, employee, or other person is a Class A misdemeanor. Prohibits the Director of Corrections or chief administrative officer of a Department of Corrections institution or facility from authorizing "M" or "AO" rated video games to be brought into or possessed by any person in an Illinois Department of Corrections institution or facility.


LRB094 08327 RLC 41279 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2412 LRB094 08327 RLC 41279 b

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 Sections 31A-1.1 and 31A-1.2 as follows:
 
6     (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
7     Sec. 31A-1.1. Bringing Contraband into a Penal
8 Institution; Possessing Contraband in a Penal Institution.
9     (a) A person commits the offense of bringing contraband
10 into a penal institution when he knowingly and without
11 authority of any person designated or authorized to grant such
12 authority (1) brings an item of contraband into a penal
13 institution or (2) causes another to bring an item of
14 contraband into a penal institution or (3) places an item of
15 contraband in such proximity to a penal institution as to give
16 an inmate access to the contraband.
17     (b) A person commits the offense of possessing contraband
18 in a penal institution when he possesses contraband in a penal
19 institution, regardless of the intent with which he possesses
20 it.
21     (c) For the purposes of this Section, the words and phrases
22 listed below shall be defined as follows:
23         (1) "Penal institution" for the purposes of items of
24     contraband specified in clauses (i) through (xi) of
25     subsection (c)(2) means any penitentiary, State farm,
26     reformatory, prison, jail, house of correction, police
27     detention area, half-way house or other institution or
28     place for the incarceration or custody of persons under
29     sentence for offenses awaiting trial or sentence for
30     offenses, under arrest for an offense, a violation of
31     probation, a violation of parole, or a violation of
32     mandatory supervised release, or awaiting a bail setting

 

 

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1     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. "Penal institution" for purposes of items of
6     contraband specified in paragraph (xii) of subsection
7     (c)(2) means an institution or facility of the Illinois
8     Department of Corrections.
9         (2) "Item of contraband" means any of the following:
10             (i) "Alcoholic liquor" as such term is defined in
11         Section 1-3.05 of The Liquor Control Act of 1934 as
12         such Act may be now or hereafter amended.
13             (ii) "Cannabis" as such term is defined in
14         subsection (a) of Section 3 of the "Cannabis Control
15         Act", approved August 16, 1971, as now or hereafter
16         amended.
17             (iii) "Controlled substance" as such term is
18         defined in the "Illinois Controlled Substances Act",
19         approved August 16, 1971, as now or hereafter amended.
20             (iv) "Hypodermic syringe" or hypodermic needle, or
21         any instrument adapted for use of controlled
22         substances or cannabis by subcutaneous injection.
23             (v) "Weapon" means any knife, dagger, dirk, billy,
24         razor, stiletto, broken bottle, or other piece of glass
25         which could be used as a dangerous weapon. Such term
26         includes any of the devices or implements designated in
27         subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
28         of this Act, or any other dangerous weapon or
29         instrument of like character.
30             (vi) "Firearm" means any device, by whatever name
31         known, which is designed to expel a projectile or
32         projectiles by the action of an explosion, expansion of
33         gas or escape of gas, including but not limited to:
34                 (A) any pneumatic gun, spring gun, or B-B gun
35             which expels a single globular projectile not
36             exceeding .18 inch in diameter, or;

 

 

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1                 (B) any device used exclusively for signaling
2             or safety and required as recommended by the United
3             States Coast Guard or the Interstate Commerce
4             Commission; or
5                 (C) any device used exclusively for the firing
6             of stud cartridges, explosive rivets or industrial
7             ammunition; or
8                 (D) any device which is powered by electrical
9             charging units, such as batteries, and which fires
10             one or several barbs attached to a length of wire
11             and which, upon hitting a human, can send out
12             current capable of disrupting the person's nervous
13             system in such a manner as to render him incapable
14             of normal functioning, commonly referred to as a
15             stun gun or taser.
16             (vii) "Firearm ammunition" means any
17         self-contained cartridge or shotgun shell, by whatever
18         name known, which is designed to be used or adaptable
19         to use in a firearm, including but not limited to:
20                 (A) any ammunition exclusively designed for
21             use with a device used exclusively for signaling or
22             safety and required or recommended by the United
23             States Coast Guard or the Interstate Commerce
24             Commission; or
25                 (B) any ammunition designed exclusively for
26             use with a stud or rivet driver or other similar
27             industrial ammunition.
28             (viii) "Explosive" means, but is not limited to,
29         bomb, bombshell, grenade, bottle or other container
30         containing an explosive substance of over one-quarter
31         ounce for like purposes such as black powder bombs and
32         Molotov cocktails or artillery projectiles.
33             (ix) "Tool to defeat security mechanisms" means,
34         but is not limited to, handcuff or security restraint
35         key, tool designed to pick locks, or device or
36         instrument capable of unlocking handcuff or security

 

 

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1         restraints, doors to cells, rooms, gates or other areas
2         of the penal institution.
3             (x) "Cutting tool" means, but is not limited to,
4         hacksaw blade, wirecutter, or device, instrument or
5         file capable of cutting through metal.
6             (xi) "Electronic contraband" means, but is not
7         limited to, any electronic, video recording device,
8         computer, or cellular communications equipment,
9         including, but not limited to, cellular telephones,
10         cellular telephone batteries, videotape recorders,
11         pagers, computers, and computer peripheral equipment
12         brought into or possessed in a penal institution
13         without the written authorization of the Chief
14         Administrative Officer.
15             (xii) With respect to institutions and facilities
16         of the Illinois Department of Corrections only, video
17         games rated "M" (Mature) or "AO" (Adults Only) by the
18         Entertainment Software Rating Board.
19     (c-5) Bringing an "M" or "AO" rated video game into an
20 Illinois Department of Corrections institution or facility is a
21 Class A misdemeanor. Possessing an "M" or "AO" rated video game
22 in an Illinois Department of Corrections institution or
23 facility is a Class A misdemeanor.
24     (d) Bringing alcoholic liquor into a penal institution is a
25 Class 4 felony. Possessing alcoholic liquor in a penal
26 institution is a Class 4 felony.
27     (e) Bringing cannabis into a penal institution is a Class 3
28 felony. Possessing cannabis in a penal institution is a Class 3
29 felony.
30     (f) Bringing any amount of a controlled substance
31 classified in Schedules III, IV or V of Article II of the
32 Controlled Substance Act into a penal institution is a Class 2
33 felony. Possessing any amount of a controlled substance
34 classified in Schedule III, IV, or V of Article II of the
35 Controlled Substance Act in a penal institution is a Class 2
36 felony.

 

 

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1     (g) Bringing any amount of a controlled substance
2 classified in Schedules I or II of Article II of the Controlled
3 Substance Act into a penal institution is a Class 1 felony.
4 Possessing any amount of a controlled substance classified in
5 Schedules I or II of Article II of the Controlled Substance Act
6 in a penal institution is a Class 1 felony.
7     (h) Bringing an item of contraband listed in paragraph (iv)
8 of subsection (c)(2) into a penal institution is a Class 1
9 felony. Possessing an item of contraband listed in paragraph
10 (iv) of subsection (c)(2) in a penal institution is a Class 1
11 felony.
12     (i) Bringing an item of contraband listed in paragraph (v),
13 (ix), (x), or (xi) of subsection (c)(2) into a penal
14 institution is a Class 1 felony. Possessing an item of
15 contraband listed in paragraph (v), (ix), (x), or (xi) of
16 subsection (c)(2) in a penal institution is a Class 1 felony.
17     (j) Bringing an item of contraband listed in paragraphs
18 (vi), (vii) or (viii) of subsection (c)(2) in a penal
19 institution is a Class X felony. Possessing an item of
20 contraband listed in paragraphs (vi), (vii), or (viii) of
21 subsection (c)(2) in a penal institution is a Class X felony.
22     (k) It shall be an affirmative defense to subsection (b)
23 hereof, that such possession was specifically authorized by
24 rule, regulation, or directive of the governing authority of
25 the penal institution or order issued pursuant thereto.
26     (l) It shall be an affirmative defense to subsection (a)(1)
27 and subsection (b) hereof that the person bringing into or
28 possessing contraband in a penal institution had been arrested,
29 and that that person possessed such contraband at the time of
30 his arrest, and that such contraband was brought into or
31 possessed in the penal institution by that person as a direct
32 and immediate result of his arrest.
33     (l-5) The Director of Corrections or chief administrative
34 officer of a Department of Corrections institution or facility
35 may not authorize the bringing into or possession of "M" or
36 "AO" rated video games in a Department of Corrections

 

 

HB2412 - 6 - LRB094 08327 RLC 41279 b

1 institution or facility.
2     (m) Items confiscated may be retained for use by the
3 Department of Corrections or disposed of as deemed appropriate
4 by the Chief Administrative Officer in accordance with
5 Department rules or disposed of as required by law.
6 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
 
7     (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
8     Sec. 31A-1.2. Unauthorized bringing of contraband into a
9 penal institution by an employee; unauthorized possessing of
10 contraband in a penal institution by an employee; unauthorized
11 delivery of contraband in a penal institution by an employee.
12     (a) A person commits the offense of unauthorized bringing
13 of contraband into a penal institution by an employee when a
14 person who is an employee knowingly and without authority or
15 any person designated or authorized to grant such authority:
16         (1) brings or attempts to bring an item of contraband
17     listed in paragraphs (i) through (iv) or (xii) of
18     subsection (d)(4) into a penal institution, or
19         (2) causes or permits another to bring an item of
20     contraband listed in paragraphs (i) through (iv) or (xii)
21     of subsection (d)(4) into a penal institution.
22     (b) A person commits the offense of unauthorized possession
23 of contraband in a penal institution by an employee when a
24 person who is an employee knowingly and without authority of
25 any person designated or authorized to grant such authority
26 possesses contraband listed in paragraphs (i) through (iv) or
27 (xii) of subsection (d)(4) in a penal institution, regardless
28 of the intent with which he possesses it.
29     (c) A person commits the offense of unauthorized delivery
30 of contraband in a penal institution by an employee when a
31 person who is an employee knowingly and without authority of
32 any person designated or authorized to grant such authority:
33         (1) delivers or possesses with intent to deliver an
34     item of contraband to any inmate of a penal institution, or
35         (2) conspires to deliver or solicits the delivery of an

 

 

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1     item of contraband to any inmate of a penal institution, or
2         (3) causes or permits the delivery of an item of
3     contraband to any inmate of a penal institution, or
4         (4) permits another person to attempt to deliver an
5     item of contraband to any inmate of a penal institution.
6     (d) For purpose of this Section, the words and phrases
7 listed below shall be defined as follows:
8         (1) "Penal Institution" shall have the meaning
9     ascribed to it in subsection (c)(1) of Section 31A-1.1 of
10     this Code;
11         (2) "Employee" means any elected or appointed officer,
12     trustee or employee of a penal institution or of the
13     governing authority of the penal institution, or any person
14     who performs services for the penal institution pursuant to
15     contract with the penal institution or its governing
16     authority.
17         (3) "Deliver" or "delivery" means the actual,
18     constructive or attempted transfer of possession of an item
19     of contraband, with or without consideration, whether or
20     not there is an agency relationship;
21         (4) "Item of contraband" means any of the following:
22             (i) "Alcoholic liquor" as such term is defined in
23         Section 1-3.05 of the Liquor Control Act of 1934.
24             (ii) "Cannabis" as such term is defined in
25         subsection (a) of Section 3 of the Cannabis Control
26         Act.
27             (iii) "Controlled substance" as such term is
28         defined in the Illinois Controlled Substances Act.
29             (iv) "Hypodermic syringe" or hypodermic needle, or
30         any instrument adapted for use of controlled
31         substances or cannabis by subcutaneous injection.
32             (v) "Weapon" means any knife, dagger, dirk, billy,
33         razor, stiletto, broken bottle, or other piece of glass
34         which could be used as a dangerous weapon. Such term
35         includes any of the devices or implements designated in
36         subsections (a)(1), (a)(3) and (a)(6) of Section 24-1

 

 

HB2412 - 8 - LRB094 08327 RLC 41279 b

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

 

 

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1             (viii) "Explosive" means, but is not limited to,
2         bomb, bombshell, grenade, bottle or other container
3         containing an explosive substance of over one-quarter
4         ounce for like purposes such as black powder bombs and
5         Molotov cocktails or artillery projectiles.
6             (ix) "Tool to defeat security mechanisms" means,
7         but is not limited to, handcuff or security restraint
8         key, tool designed to pick locks, or device or
9         instrument capable of unlocking handcuff or security
10         restraints, doors to cells, rooms, gates or other areas
11         of the penal institution.
12             (x) "Cutting tool" means, but is not limited to,
13         hacksaw blade, wirecutter, or device, instrument or
14         file capable of cutting through metal.
15             (xi) "Electronic contraband" means, but is not
16         limited to, any electronic, video recording device,
17         computer, or cellular communications equipment,
18         including, but not limited to, cellular telephones,
19         cellular telephone batteries, videotape recorders,
20         pagers, computers, and computer peripheral equipment.
21             (xii) With respect to institutions and facilities
22         of the Illinois Department of Corrections only, video
23         games rated "M" (Mature) or "AO" (Adults Only) by the
24         Entertainment Software Rating Board.
25     (e) A violation of paragraph (a) or (b) of this Section
26 involving an "M" or "AO" rated video game is a Class A
27 misdemeanor. A violation of paragraphs (a) or (b) of this
28 Section involving alcohol is a Class 4 felony. A violation of
29 paragraph (a) or (b) of this Section involving cannabis is a
30 Class 2 felony. A violation of paragraph (a) or (b) involving
31 any amount of a controlled substance classified in Schedules
32 III, IV or V of Article II of the Illinois Controlled
33 Substances Act is a Class 1 felony. A violation of paragraph
34 (a) or (b) of this Section involving any amount of a controlled
35 substance classified in Schedules I or II of Article II of the
36 Illinois Controlled Substances Act is a Class X felony. A

 

 

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1 violation of paragraph (a) or (b) involving an item of
2 contraband listed in paragraph (iv) of subsection (d)(4) is a
3 Class X felony. A violation of paragraph (a) or (b) involving
4 an item of contraband listed in paragraph (v) or (xi) of
5 subsection (d)(4) is a Class 1 felony. A violation of paragraph
6 (a) or (b) involving an item of contraband listed in paragraphs
7 (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony.
8     (f) A violation of paragraph (c) of this Section involving
9 an "M" or "AO" rated video game is a Class A misdemeanor. A
10 violation of paragraph (c) of this Section involving alcoholic
11 liquor is a Class 3 felony. A violation of paragraph (c)
12 involving cannabis is a Class 1 felony. A violation of
13 paragraph (c) involving any amount of a controlled substance
14 classified in Schedules III, IV or V of Article II of the
15 Illinois Controlled Substances Act is a Class X felony. A
16 violation of paragraph (c) involving any amount of a controlled
17 substance classified in Schedules I or II of Article II of the
18 Illinois Controlled Substances Act is a Class X felony for
19 which the minimum term of imprisonment shall be 8 years. A
20 violation of paragraph (c) involving an item of contraband
21 listed in paragraph (iv) of subsection (d)(4) is a Class X
22 felony for which the minimum term of imprisonment shall be 8
23 years. A violation of paragraph (c) involving an item of
24 contraband listed in paragraph (v), (ix) or (x) of subsection
25 (d)(4) is a Class X felony for which the minimum term of
26 imprisonment shall be 10 years. A violation of paragraph (c)
27 involving an item of contraband listed in paragraphs (vi),
28 (vii) or (viii) of subsection (d)(4) is a Class X felony for
29 which the minimum term of imprisonment shall be 12 years.
30     (f-5) The Director of Corrections or chief administrative
31 officer of a Department of Corrections institution or facility
32 may not authorize the bringing into or possession of "M" or
33 "AO" rated video games by an employee in a Department of
34 Corrections institution or facility.
35     (g) Items confiscated may be retained for use by the
36 Department of Corrections or disposed of as deemed appropriate

 

 

HB2412 - 11 - LRB094 08327 RLC 41279 b

1 by the Chief Administrative Officer in accordance with
2 Department rules or disposed of as required by law.
3 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)