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Full Text of SB2344  99th General Assembly

SB2344 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2344

 

Introduced 1/28/2016, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012 concerning the Interference With Penal Institution Article of the Code. Provides that in addition to any other penalty provided by law, an additional one year of imprisonment shall be added to the sentence of a person who commits bringing contraband into a penal institution or unauthorized bringing or delivery of contraband into a penal institution by an employee by using an unmanned aerial vehicle. Provides that a person who knowingly and intentionally operates an unmanned aerial vehicle below the navigable airspace overlaying a State penal institution is guilty of a Class A misdemeanor. Provides that this provision does not apply to an employee who operates the unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to operate the unmanned aerial vehicle. Provides that a person who knowingly and intentionally captures images or data of a State penal institution through the operation of an unmanned aerial vehicle is guilty of a Class 4 felony. Provides that this provision does not apply to an employee who captures images or data of a State penal institution through the operation of an unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to capture images or data of a State penal institution through the operation of an unmanned aerial vehicle. Defines "State penal institution" and "unmanned aerial vehicle".


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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,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 31A-0.1, 31A-1.1, and 31A-1.2 and by adding Sections
631A-1.3 and 31A-1.4 as follows:
 
7    (720 ILCS 5/31A-0.1)
8    Sec. 31A-0.1. Definitions. For the purposes of this
9Article:
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband, with
12or without consideration, whether or not there is an agency
13relationship.
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 in
2    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 gas
19    or escape of gas, including but not limited to:
20            (A) any pneumatic gun, spring gun, or B-B gun which
21        expels a single globular projectile not exceeding .18
22        inch in diameter; or
23            (B) any device used exclusively for signaling or
24        safety and required as recommended by the United States
25        Coast Guard or the Interstate Commerce Commission; or
26            (C) any device used exclusively for the firing of

 

 

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

 

 

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

 

 

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1detention area, half-way house or other institution or place
2for the incarceration or custody of persons under sentence for
3offenses awaiting trial or sentence for offenses, under arrest
4for an offense, a violation of probation, a violation of
5parole, a violation of aftercare release, or a violation of
6mandatory supervised release, or awaiting a bail setting
7hearing or preliminary hearing; provided that where the place
8for incarceration or custody is housed within another public
9building this Article shall not apply to that part of the
10building unrelated to the incarceration or custody of persons.
11    "State penal institution" means a facility or institution
12of the Department of Corrections.
13    "Unmanned aerial vehicle" means an unmanned aircraft or
14drone and its associated elements, including, but not limited
15to, communication links and the components that control the
16unmanned aircraft that are required for the pilot in command to
17operate safely and efficiently in the national airspace system.
18(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
19    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
20    Sec. 31A-1.1. Bringing Contraband into a Penal
21Institution; Possessing Contraband in a Penal Institution.
22    (a) A person commits bringing contraband into a penal
23institution when he or she knowingly and without authority of
24any person designated or authorized to grant this authority (1)
25brings an item of contraband into a penal institution or (2)

 

 

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1causes another to bring an item of contraband into a penal
2institution or (3) places an item of contraband in such
3proximity to a penal institution as to give an inmate access to
4the contraband.
5    (b) A person commits possessing contraband in a penal
6institution when he or she knowingly possesses contraband in a
7penal institution, regardless of the intent with which he or
8she possesses it.
9    (c) (Blank).
10    (d) Sentence.
11        (1) Bringing into or possessing alcoholic liquor in a
12    penal institution is a Class 4 felony.
13        (2) Bringing into or possessing cannabis in a penal
14    institution is a Class 3 felony.
15        (3) Bringing into or possessing any amount of a
16    controlled substance classified in Schedules III, IV or V
17    of Article II of the Illinois Controlled Substances Act in
18    a penal institution is a Class 2 felony.
19        (4) Bringing into or possessing any amount of a
20    controlled substance classified in Schedules I or II of
21    Article II of the Illinois Controlled Substances Act in a
22    penal institution is a Class 1 felony.
23        (5) Bringing into or possessing a hypodermic syringe in
24    a penal institution is a Class 1 felony.
25        (6) Bringing into or possessing a weapon, tool to
26    defeat security mechanisms, cutting tool, or electronic

 

 

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1    contraband in a penal institution is a Class 1 felony.
2        (7) Bringing into or possessing a firearm, firearm
3    ammunition, or explosive in a penal institution is a Class
4    X felony.
5        (8) If a person commits bringing contraband into a
6    penal institution by use of an unmanned aerial vehicle, in
7    addition to any other penalty provided in this subsection
8    (d), one year of imprisonment shall be added to the
9    sentence imposed by the court.
10    (e) It shall be an affirmative defense to subsection (b),
11that the possession was specifically authorized by rule,
12regulation, or directive of the governing authority of the
13penal institution or order issued under it.
14    (f) It shall be an affirmative defense to subsection (a)(1)
15and subsection (b) that the person bringing into or possessing
16contraband in a penal institution had been arrested, and that
17person possessed the contraband at the time of his or her
18arrest, and that the contraband was brought into or possessed
19in the penal institution by that person as a direct and
20immediate result of his or her arrest.
21    (g) Items confiscated may be retained for use by the
22Department of Corrections or disposed of as deemed appropriate
23by the Chief Administrative Officer in accordance with
24Department rules or disposed of as required by law.
25(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
 

 

 

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1    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
2    Sec. 31A-1.2. Unauthorized bringing of contraband into a
3penal institution by an employee; unauthorized possessing of
4contraband in a penal institution by an employee; unauthorized
5delivery of contraband in a penal institution by an employee.
6    (a) A person commits unauthorized bringing of contraband
7into a 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) brings or attempts to bring an item of contraband
11    into a penal institution, or
12        (2) causes or permits another to bring an item of
13    contraband into a penal institution.
14    (b) A person commits unauthorized possession of contraband
15in a penal institution by an employee when a person who is an
16employee knowingly and without authority of any person
17designated or authorized to grant this authority possesses an
18item of contraband in a penal institution, regardless of the
19intent with which he or she possesses it.
20    (c) A person commits unauthorized delivery of contraband in
21a penal institution by an employee when a person who is an
22employee knowingly and without authority of any person
23designated or authorized to grant this authority:
24        (1) delivers or possesses with intent to deliver an
25    item of contraband to any inmate of a penal institution, or
26        (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 a violation of subsection (a) or (b) involving a
7cellular telephone or cellular telephone battery, the
8defendant must intend to provide the cellular telephone or
9cellular telephone battery to any inmate in a penal
10institution, or to use the cellular telephone or cellular
11telephone battery at the direction of an inmate or for the
12benefit of any inmate of a penal institution.
13    (e) Sentence.
14        (1) A violation of paragraphs (a) or (b) of this
15    Section involving alcohol is a Class 4 felony. A violation
16    of paragraph (a) or (b) of this Section involving cannabis
17    is a Class 2 felony. A violation of paragraph (a) or (b)
18    involving any amount of a controlled substance classified
19    in Schedules III, IV or V of Article II of the Illinois
20    Controlled Substances Act is a Class 1 felony. A violation
21    of paragraph (a) or (b) of this Section involving any
22    amount of a controlled substance classified in Schedules I
23    or II of Article II of the Illinois Controlled Substances
24    Act is a Class X felony. A violation of paragraph (a) or
25    (b) involving a hypodermic syringe is a Class X felony. A
26    violation of paragraph (a) or (b) involving a weapon, tool

 

 

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

 

 

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1    provided in this subsection (e), one year of imprisonment
2    shall be added to the sentence imposed by the court.
3    (f) Items confiscated may be retained for use by the
4Department of Corrections or disposed of as deemed appropriate
5by the Chief Administrative Officer in accordance with
6Department rules or disposed of as required by law.
7    (g) For a violation of subsection (a) or (b) involving
8alcoholic liquor, a weapon, firearm, firearm ammunition, tool
9to defeat security mechanisms, cutting tool, or electronic
10contraband, the items shall not be considered to be in a penal
11institution when they are secured in an employee's locked,
12private motor vehicle parked on the grounds of a penal
13institution.
14(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;
1596-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff.
161-1-13.)
 
17    (720 ILCS 5/31A-1.3 new)
18    Sec. 31A-1.3. Operating an unmanned aerial vehicle below
19the navigable airspace overlaying a State penal institution.
20    (a) Except as provided in subsection (b) of this Section, a
21person commits operating an unmanned aerial vehicle below the
22navigable airspace overlaying a State penal institution when he
23or she knowingly and intentionally operates an unmanned aerial
24vehicle below the navigable airspace, as defined in 49 U.S.C.
2540102, overlaying a State penal institution.

 

 

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1    (b) This Section does not apply to an employee who operates
2the unmanned aerial vehicle within the scope of his or her
3employment, or a person who receives prior permission from the
4penal institution to operate the unmanned aerial vehicle.
5    (c) Sentence. A violation of this Section is a Class A
6misdemeanor.
 
7    (720 ILCS 5/31A-1.4 new)
8    Sec. 31A-1.4. Capturing images or data of a State penal
9institution through the operation of an unmanned aerial
10vehicle.
11    (a) Except as provided in subsection (b) of this Section, a
12person commits capturing images or data of a State penal
13institution through the operation of an unmanned aerial vehicle
14when he or she knowingly and intentionally captures images or
15data of a State penal institution through the operation of an
16unmanned aerial vehicle.
17    (b) This Section does not apply to an employee who captures
18images or data of a State penal institution through the
19operation of an unmanned aerial vehicle within the scope of his
20or her employment, or a person who receives prior permission
21from the penal institution to capture images or data of a State
22penal institution through the operation of an unmanned aerial
23vehicle.
24    (c) Sentence. A violation of this Section is a Class 4
25felony.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/31A-0.1
4    720 ILCS 5/31A-1.1from Ch. 38, par. 31A-1.1
5    720 ILCS 5/31A-1.2from Ch. 38, par. 31A-1.2
6    720 ILCS 5/31A-1.3 new
7    720 ILCS 5/31A-1.4 new