Sen. Tim Bivins

Filed: 2/26/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2344

2    AMENDMENT NO. ______. Amend Senate Bill 2344 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 31A-1.1 and 31A-1.2 and by adding Sections
62-2.5, 2-11.5, 2-21.5, 2-23, 21-5.3, and 31A-1.3 as follows:
 
7    (720 ILCS 5/2-2.5 new)
8    Sec. 2-2.5. Aircraft.
9    "Aircraft" means any contrivance invented, used, or
10designed to navigate, or fly in, the air.
 
11    (720 ILCS 5/2-11.5 new)
12    Sec. 2-11.5. Navigable airspace.
13    "Navigable airspace" has the meaning ascribed to it in 49
14U.S.C. 40102.
 

 

 

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1    (720 ILCS 5/2-21.5 new)
2    Sec. 2-21.5. State penal institution.
3    "State penal institution" means a facility or institution
4of the Department of Corrections or Department of Juvenile
5Justice.
 
6    (720 ILCS 5/2-23 new)
7    Sec. 2-23. Unmanned aerial vehicle.
8    "Unmanned aerial vehicle" means an unmanned aircraft or
9drone and its associated elements, including, but not limited
10to, communication links and the components that control the
11unmanned aircraft that are required for the pilot in command to
12operate safely and efficiently in the national airspace system.
 
13    (720 ILCS 5/21-5.3 new)
14    Sec. 21-5.3. Criminal trespass to a State penal institution
15with an aircraft or unmanned aerial vehicle.
16    (a) Except as provided in subsection (b) of this Section, a
17person commits criminal trespass to a State penal institution
18with an aircraft or unmanned aerial vehicle when he or she,
19without lawful authority, knowingly and intentionally operates
20an aircraft or unmanned aerial vehicle below the navigable
21airspace overlaying a State penal institution.
22    (b) This Section does not apply to an employee of the State
23penal institution who operates the aircraft or unmanned aerial
24vehicle within the scope of his or her employment, or a person

 

 

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1who receives prior permission from the State penal institution
2to operate the aircraft or unmanned aerial vehicle.
3    (c) Sentence. A violation of this Section is a Class A
4misdemeanor.
 
5    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
6    Sec. 31A-1.1. Bringing Contraband into a Penal
7Institution; Possessing Contraband in a Penal Institution.
8    (a) A person commits bringing contraband into a penal
9institution when he or she knowingly and without authority of
10any person designated or authorized to grant this authority (1)
11brings an item of contraband into a penal institution or (2)
12causes another to bring an item of contraband into a penal
13institution or (3) places an item of contraband in such
14proximity to a penal institution as to give an inmate access to
15the contraband.
16    (b) A person commits possessing contraband in a penal
17institution when he or she knowingly possesses contraband in a
18penal institution, regardless of the intent with which he or
19she possesses it.
20    (c) (Blank).
21    (d) Sentence.
22        (1) Bringing into or possessing alcoholic liquor in a
23    penal institution is a Class 4 felony.
24        (2) Bringing into or possessing cannabis in a penal
25    institution is a Class 3 felony.

 

 

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1        (3) Bringing into or possessing any amount of a
2    controlled substance classified in Schedules III, IV or V
3    of Article II of the Illinois Controlled Substances Act in
4    a penal institution is a Class 2 felony.
5        (4) Bringing into or possessing any amount of a
6    controlled substance classified in Schedules I or II of
7    Article II of the Illinois Controlled Substances Act in a
8    penal institution is a Class 1 felony.
9        (5) Bringing into or possessing a hypodermic syringe in
10    a penal institution is a Class 1 felony.
11        (6) Bringing into or possessing a weapon, tool to
12    defeat security mechanisms, cutting tool, or electronic
13    contraband in a penal institution is a Class 1 felony.
14        (7) Bringing into or possessing a firearm, firearm
15    ammunition, or explosive in a penal institution is a Class
16    X felony.
17        (8) If a person commits bringing contraband into a
18    penal institution by use of an unmanned aerial vehicle, in
19    addition to any other penalty provided in this subsection
20    (d), one year of imprisonment shall be added to the
21    sentence imposed by the court.
22    (e) It shall be an affirmative defense to subsection (b),
23that the possession was specifically authorized by rule,
24regulation, or directive of the governing authority of the
25penal institution or order issued under it.
26    (f) It shall be an affirmative defense to subsection (a)(1)

 

 

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1and subsection (b) that the person bringing into or possessing
2contraband in a penal institution had been arrested, and that
3person possessed the contraband at the time of his or her
4arrest, and that the contraband was brought into or possessed
5in the penal institution by that person as a direct and
6immediate result of his or her arrest.
7    (g) Items confiscated may be retained for use by the
8Department of Corrections or disposed of as deemed appropriate
9by the Chief Administrative Officer in accordance with
10Department rules or disposed of as required by law.
11(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
 
12    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
13    Sec. 31A-1.2. Unauthorized bringing of contraband into a
14penal institution by an employee; unauthorized possessing of
15contraband in a penal institution by an employee; unauthorized
16delivery of contraband in a penal institution by an employee.
17    (a) A person commits unauthorized bringing of contraband
18into a penal institution by an employee when a person who is an
19employee knowingly and without authority of any person
20designated or authorized to grant this authority:
21        (1) brings or attempts to bring an item of contraband
22    into a penal institution, or
23        (2) causes or permits another to bring an item of
24    contraband into a penal institution.
25    (b) A person commits unauthorized possession of contraband

 

 

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1in a penal institution by an employee when a person who is an
2employee knowingly and without authority of any person
3designated or authorized to grant this authority possesses an
4item of contraband in a penal institution, regardless of the
5intent with which he or she possesses it.
6    (c) A person commits unauthorized delivery of contraband in
7a penal institution by an employee when a person who is an
8employee knowingly and without authority of any person
9designated or authorized to grant this authority:
10        (1) delivers or possesses with intent to deliver an
11    item of contraband to any inmate of a penal institution, or
12        (2) conspires to deliver or solicits the delivery of an
13    item of contraband to any inmate of a penal institution, or
14        (3) causes or permits the delivery of an item of
15    contraband to any inmate of a penal institution, or
16        (4) permits another person to attempt to deliver an
17    item of contraband to any inmate of a penal institution.
18    (d) For a violation of subsection (a) or (b) involving a
19cellular telephone or cellular telephone battery, the
20defendant must intend to provide the cellular telephone or
21cellular telephone battery to any inmate in a penal
22institution, or to use the cellular telephone or cellular
23telephone battery at the direction of an inmate or for the
24benefit of any inmate of a penal institution.
25    (e) Sentence.
26        (1) A violation of paragraphs (a) or (b) of this

 

 

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1    Section involving alcohol is a Class 4 felony. A violation
2    of paragraph (a) or (b) of this Section involving cannabis
3    is a Class 2 felony. A violation of paragraph (a) or (b)
4    involving any amount of a controlled substance classified
5    in Schedules III, IV or V of Article II of the Illinois
6    Controlled Substances Act is a Class 1 felony. A violation
7    of paragraph (a) or (b) of this Section involving any
8    amount of a controlled substance classified in Schedules I
9    or II of Article II of the Illinois Controlled Substances
10    Act is a Class X felony. A violation of paragraph (a) or
11    (b) involving a hypodermic syringe is a Class X felony. A
12    violation of paragraph (a) or (b) involving a weapon, tool
13    to defeat security mechanisms, cutting tool, or electronic
14    contraband is a Class 1 felony. A violation of paragraph
15    (a) or (b) involving a firearm, firearm ammunition, or
16    explosive is a Class X felony.
17        (2) A violation of paragraph (c) of this Section
18    involving alcoholic liquor is a Class 3 felony. A violation
19    of paragraph (c) involving cannabis is a Class 1 felony. A
20    violation of paragraph (c) involving any amount of a
21    controlled substance classified in Schedules III, IV or V
22    of Article II of the Illinois Controlled Substances Act is
23    a Class X felony. A violation of paragraph (c) involving
24    any amount of a controlled substance classified in
25    Schedules I or II of Article II of the Illinois Controlled
26    Substances Act is a Class X felony for which the minimum

 

 

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1    term of imprisonment shall be 8 years. A violation of
2    paragraph (c) involving a hypodermic syringe is a Class X
3    felony for which the minimum term of imprisonment shall be
4    8 years. A violation of paragraph (c) involving a weapon,
5    tool to defeat security mechanisms, cutting tool, or
6    electronic contraband is a Class X felony for which the
7    minimum term of imprisonment shall be 10 years. A violation
8    of paragraph (c) involving a firearm, firearm ammunition,
9    or explosive is a Class X felony for which the minimum term
10    of imprisonment shall be 12 years.
11        (3) If a person violates this Section by use of an
12    unmanned aerial vehicle, in addition to any other penalty
13    provided in this subsection (e), one year of imprisonment
14    shall be added to the sentence imposed by the court.
15    (f) Items confiscated may be retained for use by the
16Department of Corrections or disposed of as deemed appropriate
17by the Chief Administrative Officer in accordance with
18Department rules or disposed of as required by law.
19    (g) For a violation of subsection (a) or (b) involving
20alcoholic liquor, a weapon, firearm, firearm ammunition, tool
21to defeat security mechanisms, cutting tool, or electronic
22contraband, the items shall not be considered to be in a penal
23institution when they are secured in an employee's locked,
24private motor vehicle parked on the grounds of a penal
25institution.
26(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;

 

 

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196-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff.
21-1-13.)
 
3    (720 ILCS 5/31A-1.3 new)
4    Sec. 31A-1.3. Capturing images or data of a State penal
5institution through the operation of an aircraft or unmanned
6aerial vehicle.
7    (a) Except as provided in subsection (b) of this Section, a
8person commits capturing images or data of a State penal
9institution through the operation of an aircraft or unmanned
10aerial vehicle when he or she, without lawful authority,
11knowingly and intentionally operates an aircraft or unmanned
12aerial vehicle below the navigable airspace overlaying a State
13penal institution and captures images or data of the State
14penal institution through the operation of the aircraft or
15unmanned aerial vehicle, with the intent to commit, facilitate,
16or aid in the commission of a violation of this Article or
17Section 31-6 or 31-7 of the Criminal Code of 2012.
18    (b) This Section does not apply to an employee of the State
19penal institution who captures images or data of the facility
20or institution through the operation of an aircraft or unmanned
21aerial vehicle within the scope of his or her employment, or a
22person who receives prior permission from the State penal
23institution to capture images or data of the facility or
24institution through the operation of an aircraft or unmanned
25aerial vehicle.

 

 

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1    (c) Sentence. A violation of this Section is a Class 4
2felony.".