Illinois General Assembly - Full Text of SB3503
Illinois General Assembly
  Home     Legislation & Laws     Senate     House     My Legislation     Site Map    

Previous General Assemblies

Full Text of SB3503  96th General Assembly

SB3503sam001 96TH GENERAL ASSEMBLY 
Sen. Mike Jacobs
Filed: 2/24/2010
 
 

 




 

 		












09600SB3503sam001

LRB096 18517 RLC 37473 a






1

AMENDMENT TO SENATE BILL 3503 




2
    AMENDMENT NO. ______. Amend Senate Bill 3503 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Criminal Code of 1961 is amended  by 
5
changing 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.
 


 






09600SB3503sam001
- 2 -
LRB096 18517 RLC 37473 a




1
    (b) A person commits the offense of possessing contraband 
2
in a
penal institution when he possesses contraband in a penal 
3
institution,
regardless of the intent with which he possesses 
4
it.
5
    (c) For the purposes of this Section, the words and phrases

6
listed below shall be defined as follows:
7
        (1) "Penal institution" means any penitentiary, State 
8
    farm,
reformatory, prison, jail, house of correction, 
9
    police detention area,
half-way house or other institution 
10
    or place for the incarceration or
custody of persons under 
11
    sentence for offenses awaiting trial or sentence
for 
12
    offenses, under arrest for an offense, a violation of 
13
    probation, a
violation of parole, or a violation of 
14
    mandatory supervised release, or
awaiting a bail setting 
15
    hearing or preliminary hearing; provided that where
the 
16
    place for incarceration or custody is housed within another 
17
    public
building this Act shall not apply to that part of 
18
    such building unrelated
to the incarceration or custody of 
19
    persons.
20
        (2) "Item of contraband" means any of the following:
21
            (i) "Alcoholic liquor" as such term is defined in 
22
        Section 1-3.05 of the

Liquor Control Act of 1934.
23
            (ii) "Cannabis" as such term is defined in 
24
        subsection (a) of Section 3
of the Cannabis Control 
25
        Act.
26
            (iii) "Controlled substance" as such term is 
 


 






09600SB3503sam001
- 3 -
LRB096 18517 RLC 37473 a




1
        defined in the Illinois
Controlled Substances Act.
2
            (iii-a) "Methamphetamine" as such term is defined 
3
        in the Illinois Controlled Substances Act or the 
4
        Methamphetamine Control and Community Protection Act.

5
            (iv) "Hypodermic syringe" or hypodermic needle, or 
6
        any instrument
adapted for use of controlled 
7
        substances or cannabis by subcutaneous injection.
8
            (v) "Weapon" means any knife, dagger, dirk, billy, 
9
        razor, stiletto,
broken bottle, or other piece of glass 
10
        which could be used as a dangerous
weapon.  Such term 
11
        includes any of the devices or implements designated in

12
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
13
        of this
Act, or any other dangerous weapon or 
14
        instrument of like character. 
15
            (vi) "Firearm" means any device, by whatever name 
16
        known, which is
designed to expel a projectile or 
17
        projectiles by the action of an
explosion, expansion of 
18
        gas or escape of gas, including but not limited to:
19
                (A) any pneumatic gun, spring gun, or B-B gun 
20
            which expels a single
globular projectile not 
21
            exceeding .18 inch in diameter, or;
22
                (B) any device used exclusively for signaling 
23
            or safety and required
as
recommended by the United 
24
            States Coast Guard or the Interstate Commerce

25
            Commission; or
26
                (C) any device used exclusively for the firing 
 


 






09600SB3503sam001
- 4 -
LRB096 18517 RLC 37473 a




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

 


 






09600SB3503sam001
- 5 -
LRB096 18517 RLC 37473 a




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


 






09600SB3503sam001
- 6 -
LRB096 18517 RLC 37473 a




1
    (f) Bringing any amount of a controlled substance 
2
classified in
Schedules III, IV or V of Article II of the 
3
Controlled Substance Act into a
penal institution is a Class 2 
4
felony.  Possessing any amount of a
controlled substance 
5
classified in Schedule III, IV, or V of Article II of
the 
6
Controlled Substance Act in a penal institution is a Class 2 
7
felony.
8
    (g) Bringing any amount of a controlled substance 
9
classified in
Schedules I or II of Article II of the Controlled 
10
Substance Act into a
penal institution is a Class 1 felony.  
11
Possessing any amount of a
controlled substance classified in 
12
Schedules I or II of Article II of the
Controlled Substance Act 
13
in a penal institution is a Class 1 felony.
14
    (h) Bringing an item of contraband listed in paragraph (iv) 
15
of
subsection (c)(2) into a penal institution is a Class 1 
16
felony.  Possessing
an item of contraband listed in paragraph 
17
(iv) of subsection (c)(2) in a
penal institution is a Class 1 
18
felony.
19
    (i) Bringing an item of contraband listed in paragraph (v), 
20
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
21
institution is a Class 1 felony.  Possessing an item of

22
contraband listed in paragraph (v), (ix), (x), or (xi) of

23
subsection (c)(2) in a
penal
institution is a Class 1 felony.
24
    (j) Bringing an item of contraband listed in paragraphs 
25
(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
26
institution is a Class X felony.
Possessing an item of 
 


 






09600SB3503sam001
- 7 -
LRB096 18517 RLC 37473 a




1
contraband listed in paragraphs (vi), (vii), or
(viii) of 
2
subsection (c)(2) in a penal institution is a Class X felony.
3
    (k) It shall be an affirmative defense to subsection
(b) 
4
hereof, that
such possession was specifically authorized by 
5
rule, regulation, or
directive of the governing authority of 
6
the penal institution or order
issued pursuant thereto.
7
    (l) It shall be an affirmative defense to subsection (a)(1) 
8
and
subsection (b) hereof that the person bringing into or 
9
possessing
contraband in a penal institution had been arrested, 
10
and that that person
possessed such contraband at the time of 
11
his
arrest, and that such contraband was brought into or 
12
possessed in the penal
institution by that person as a direct 
13
and immediate result of his arrest.
14
    (m) Items confiscated may be retained for use by the 
15
Department of
Corrections or disposed of as deemed appropriate 
16
by the Chief Administrative
Officer in accordance with 
17
Department rules or disposed of as required by
law.
18
(Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)
 
19
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
20
    Sec. 31A-1.2. Unauthorized bringing of contraband into a 
21
penal institution
by an employee; unauthorized possessing of 
22
contraband in a penal institution by
an employee; unauthorized 
23
delivery of contraband in a penal institution by an
employee.
24
    (a) A person commits the offense of unauthorized bringing 
25
of contraband into
a penal institution by an employee when a 
 


 






09600SB3503sam001
- 8 -
LRB096 18517 RLC 37473 a




1
person who is an employee knowingly
and without authority of
 
2
any person designated or authorized to grant such
authority:
3
        (1) brings or attempts to bring an item of contraband 
4
    listed in subsection (d)(4) into a penal institution, or
5
        (2) causes or permits another to bring an item of 
6
    contraband listed in
 subsection (d)(4) into a penal

7
    institution.
8
    (b) A person commits the offense of unauthorized possession 
9
of contraband in
a penal institution by an employee when a 
10
person who is an employee knowingly
and without authority of 
11
any person designated or authorized to grant such
authority 
12
possesses contraband listed in
subsection (d)(4) in a penal 
13
institution, regardless of the intent with which
he possesses 
14
it.
15
    (c) A person commits the offense of unauthorized delivery 
16
of contraband
in a penal institution by an employee when a 
17
person who is an employee
knowingly and without authority of 
18
any person designated or authorized to grant
such authority:
19
        (1) delivers or possesses with intent to deliver an 
20
    item of contraband
to any inmate of a penal institution, or
21
        (2) conspires to deliver or solicits the delivery of an 
22
    item of
contraband to any inmate of a penal institution, or
23
        (3) causes or permits the delivery of an item of 
24
    contraband to any
inmate of a penal institution, or
25
        (4) permits another person to attempt to deliver an 
26
    item of contraband to
any inmate of a penal institution.
 


 






09600SB3503sam001
- 9 -
LRB096 18517 RLC 37473 a




1
    (d) For purpose of this Section, the words and phrases 
2
listed below
shall be defined as follows:
3
        (1) "Penal Institution" shall have the meaning 
4
    ascribed to it in
subsection (c)(1) of Section 31A-1.1 of 
5
    this Code;
6
        (2) "Employee" means any elected or appointed officer, 
7
    trustee or
employee of a penal institution or of the 
8
    governing authority of the penal
institution, or any person 
9
    who performs services for the penal institution
pursuant to 
10
    contract with the penal institution or its governing

11
    authority.
12
        (3) "Deliver" or "delivery" means the actual, 
13
    constructive or attempted
transfer of possession of an item 
14
    of contraband, with or without consideration,
whether or 
15
    not there is an agency relationship;
16
        (4) "Item of contraband" means any of the following:
17
            (i) "Alcoholic liquor" as such term is defined in 
18
        Section 1-3.05 of the
Liquor Control Act of 1934.
19
            (ii) "Cannabis" as such term is defined in 
20
        subsection (a) of
Section 3 of the Cannabis Control 
21
        Act.
22
            (iii) "Controlled substance" as such term is 
23
        defined in the Illinois
Controlled Substances Act.
24
            (iii-a) "Methamphetamine" as such term is defined 
25
        in the Illinois Controlled Substances Act or the 
26
        Methamphetamine Control and Community Protection Act.
 


 






09600SB3503sam001
- 10 -
LRB096 18517 RLC 37473 a




1
            (iv) "Hypodermic syringe" or hypodermic needle, or 
2
        any instrument
adapted for use of controlled 
3
        substances or cannabis by subcutaneous injection.
4
            (v) "Weapon" means any knife, dagger, dirk, billy, 
5
        razor, stiletto,
broken bottle, or other piece of glass 
6
        which could be used as a dangerous
weapon.  Such term 
7
        includes any of the devices or implements designated in

8
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
9
        of this Act, or any
other dangerous weapon or 
10
        instrument of like character.
11
            (vi) "Firearm" means any device, by whatever name 
12
        known, which is
designed to expel a projectile or 
13
        projectiles by the action of an explosion,
expansion of 
14
        gas or escape of gas, including but not limited to:
15
                (A) any pneumatic gun, spring gun, or B-B gun 
16
            which expels a single
globular projectile not 
17
            exceeding .18 inch in diameter; or
18
                (B) any device used exclusively for signaling 
19
            or safety and required
or recommended by the United 
20
            States Coast Guard or the Interstate Commerce

21
            Commission; or
22
                (C) any device used exclusively for the firing 
23
            of stud cartridges,
explosive rivets or industrial 
24
            ammunition; or
25
                (D) any device which is powered by electrical 
26
            charging units, such as
batteries, and which fires 
 


 






09600SB3503sam001
- 11 -
LRB096 18517 RLC 37473 a




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

23
        Molotov cocktails or artillery projectiles.
24
            (ix) "Tool to defeat security mechanisms" means, 
25
        but is not limited
to,
handcuff or security restraint 
26
        key, tool designed to pick locks, popper, or any device 
 


 






09600SB3503sam001
- 12 -
LRB096 18517 RLC 37473 a




1
        or
instrument used to or capable of unlocking or 
2
        preventing from locking any handcuff or security 
3
        restraints, doors to
cells, rooms, gates or other areas 
4
        of the penal institution.
5
            (x) "Cutting tool" means, but is not limited to, 
6
        hacksaw blade,
wirecutter, or device, instrument or 
7
        file capable of cutting through metal.
8
            (xi) "Electronic contraband" means, but is not 
9
        limited to, any
electronic, video recording device, 
10
        computer, or cellular communications
equipment, 
11
        including, but not
limited to, cellular telephones, 
12
        cellular telephone batteries, videotape
recorders, 
13
        pagers,
computers, and computer peripheral equipment.
14
    For a violation of subsection (a) or (b) involving a 
15
cellular telephone or cellular telephone battery, the 
16
defendant must intend to provide the cellular telephone or 
17
cellular telephone battery to any inmate in a penal 
18
institution, or to use the cellular telephone or cellular 
19
telephone battery at the direction of an inmate or for the 
20
benefit of any inmate of a penal institution. 
21
    (e) A violation of paragraphs (a) or (b) of this Section 
22
involving alcohol
is a Class 4 felony. A violation of paragraph 
23
(a) or (b) of this Section
involving cannabis is a Class 2 
24
felony.  A violation of paragraph (a) or (b)
involving any 
25
amount of a controlled substance classified in Schedules III, 
26
IV
or V of Article II of the Illinois Controlled Substances Act 
 


 






09600SB3503sam001
- 13 -
LRB096 18517 RLC 37473 a




1
is a Class 1
felony.  A
violation of paragraph (a) or (b) of 
2
this Section involving any amount of a
controlled substance 
3
classified in Schedules I or II of Article II of the
Illinois 
4
Controlled Substances Act is a Class X felony.  A violation of

5
paragraph (a) or
(b) involving an item of contraband listed in 
6
paragraph (iv) of subsection
(d)(4) is a Class X felony. A 
7
violation of paragraph (a) or (b) involving an
item of 
8
contraband listed in paragraph (v) or (xi) of subsection (d)(4) 
9
is
a Class 1
felony.  A violation of paragraph (a) or (b) 
10
involving an item of contraband
listed in paragraphs (vi), 
11
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
12
    (f) A violation of paragraph (c) of this Section involving 
13
alcoholic
liquor is a Class 3 felony.   A violation of paragraph 
14
(c) involving cannabis
is a Class 1 felony.  A violation of 
15
paragraph (c) involving any amount of a
controlled substance 
16
classified in Schedules III, IV or V of Article II of the

17
Illinois Controlled Substances Act is a Class X felony.  A 
18
violation of
paragraph (c)
involving any amount of a controlled 
19
substance classified in Schedules I or II
of Article II of the 
20
Illinois Controlled Substances Act is a Class X felony
for 
21
which
the minimum term of imprisonment shall be 8 years.  A 
22
violation of paragraph
(c) involving an item of contraband 
23
listed in paragraph (iv) of subsection
(d)(4) is a Class X 
24
felony for which the minimum term of imprisonment shall be
8 
25
years.  A violation of paragraph (c) involving an item of 
26
contraband listed
in paragraph (v), (ix) or (x) of subsection 
 


 






09600SB3503sam001
- 14 -
LRB096 18517 RLC 37473 a




1
(d)(4) is a Class X felony for
which the minimum
term of 
2
imprisonment shall be 10 years.  A violation of paragraph (c) 
3
involving
an item of contraband listed in paragraphs (vi), 
4
(vii) or (viii) of subsection
(d)(4) is a Class X felony for 
5
which the minimum term of imprisonment shall be
12 years.
6
    (g) Items confiscated may be retained for use by the 
7
Department of
Corrections or disposed of as deemed appropriate 
8
by the Chief Administrative
Officer in accordance with 
9
Department rules or disposed of as required by
law.
10
    (h) For a violation of subsection (a) or (b) involving 
11
items described in clause (i), (v), (vi), (vii), (ix), (x), or 
12
(xi) of paragraph (4) of subsection (d), such items shall not 
13
be considered to be in a penal institution when they are 
14
secured in an employee's locked, private motor vehicle parked 
15
on the grounds of a penal institution. 
16
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)".
















  

    

      

      Home | 
      Legislation & Laws | 
      House | 
      Senate |
      My Legislation |
      Disclaimers |
      Email
      		
    

    

		


    

    

		  Legislative Information System logo
		This site is maintained for the Illinois General Assembly 
by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
 

      Contact ILGA Webmaster