Illinois General Assembly - Full Text of HB3904
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Full Text of HB3904  102nd General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. If and only if House Bill 3653 of the 101st
5General Assembly becomes law, the Criminal Code of 2012 is
6amended by changing Section 31A-0.1 as follows:
7    (720 ILCS 5/31A-0.1)
8    Sec. 31A-0.1. Definitions. For the purposes of this
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband,
12with or without consideration, whether or not there is an
13agency relationship.
14    "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the penal institution or its governing authority.
19    "Item of contraband" means any of the following:
20        (i) "Alcoholic liquor" as that term is defined in
21    Section 1-3.05 of the Liquor Control Act of 1934.
22        (ii) "Cannabis" as that term is defined in subsection
23    (a) of Section 3 of the Cannabis Control Act.



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1        (iii) "Controlled substance" as that term is defined
2    in the Illinois Controlled Substances Act.
3        (iii-a) "Methamphetamine" as that term is defined in
4    the Illinois Controlled Substances Act or the
5    Methamphetamine Control and Community Protection Act.
6        (iv) "Hypodermic syringe" or hypodermic needle, or any
7    instrument adapted for use of controlled substances or
8    cannabis by subcutaneous injection.
9        (v) "Weapon" means any knife, dagger, dirk, billy,
10    razor, stiletto, broken bottle, or other piece of glass
11    which could be used as a dangerous weapon. This term
12    includes any of the devices or implements designated in
13    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
14    this Code, or any other dangerous weapon or instrument of
15    like character.
16        (vi) "Firearm" means any device, by whatever name
17    known, which is designed to expel a projectile or
18    projectiles by the action of an explosion, expansion of
19    gas or escape of gas, including but not limited to:
20            (A) any pneumatic gun, spring gun, or B-B gun
21        which expels a single globular projectile not
22        exceeding .18 inch in diameter; or
23            (B) any device used exclusively for signaling or
24        safety and required as recommended by the United
25        States Coast Guard or the Interstate Commerce
26        Commission; or



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



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1    or artillery projectiles.
2        (ix) "Tool to defeat security mechanisms" means, but
3    is not limited to, handcuff or security restraint key,
4    tool designed to pick locks, popper, or any device or
5    instrument used to or capable of unlocking or preventing
6    from locking any handcuff or security restraints, doors to
7    cells, rooms, gates or other areas of the penal
8    institution.
9        (x) "Cutting tool" means, but is not limited to,
10    hacksaw blade, wirecutter, or device, instrument or file
11    capable of cutting through metal.
12        (xi) "Electronic contraband" for the purposes of
13    Section 31A-1.1 of this Article means, but is not limited
14    to, any electronic, video recording device, computer, or
15    cellular communications equipment, including, but not
16    limited to, cellular telephones, cellular telephone
17    batteries, videotape recorders, pagers, computers, and
18    computer peripheral equipment brought into or possessed in
19    a penal institution without the written authorization of
20    the Chief Administrative Officer. "Electronic contraband"
21    for the purposes of Section 31A-1.2 of this Article,
22    means, but is not limited to, any electronic, video
23    recording device, computer, or cellular communications
24    equipment, including, but not limited to, cellular
25    telephones, cellular telephone batteries, videotape
26    recorders, pagers, computers, and computer peripheral



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1    equipment.
2    "Penal institution" means any penitentiary, State farm,
3reformatory, prison, jail, house of correction, police
4detention area, half-way house or other institution or place
5for the incarceration or custody of persons under sentence for
6offenses awaiting trial or sentence for offenses, under arrest
7for an offense, a violation of probation, a violation of
8parole, a violation of aftercare release, or a violation of
9mandatory supervised release, or awaiting a hearing on the
10setting of conditions of pretrial release or preliminary
11hearing; provided that where the place for incarceration or
12custody is housed within another public building this Article
13shall not apply to that part of the building unrelated to the
14incarceration or custody of persons.
15(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14;
17    Section 99. Effective date. This Act takes effect upon
18becoming law.