|
|
Public Act 094-1017
|
| SB2954 Enrolled |
LRB094 19066 EFG 54568 b |
|
|
AN ACT in relation to criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Article 1.
|
Section 1-1. Findings; purpose; validation. |
(a) The General Assembly finds and declares that: |
(1) Public Act 88-669, effective November 29, 1994, |
contained provisions amending the Criminal Code of 1961 and |
the Unified Code of Corrections. Public Act 88-669 also |
contained other provisions. |
(2) The Illinois Supreme Court declared Public Act |
88-669 to be unconstitutional as a violation of the single |
subject clause of the Illinois Constitution in People v. |
Olender, Docket No. 98932, opinion filed December 15, 2005. |
(b) The purpose of this Article 1 is to re-enact the |
provisions of the Criminal Code of 1961 and the Unified Code of |
Corrections that were affected by Public Act 88-669 and to |
minimize or prevent any problems concerning those provisions |
that may arise from the unconstitutionality of Public Act |
88-669. This re-enactment is intended to remove any question as |
to the validity and content of those provisions; it is not |
intended to supersede any other Public Act that amends the |
provisions re-enacted in this Article 1. The re-enacted |
material is shown in this Article 1 as existing text (i.e., |
without underscoring) and may include changes made by |
subsequent amendments. |
(c) The re-enactment of provisions of the Criminal Code of |
1961 and the Unified Code of Corrections by this Article 1 is |
not intended, and shall not be construed, to impair any legal |
argument concerning whether those provisions were |
substantially re-enacted by any other Public Act. |
(d) All otherwise lawful actions taken before the effective |
|
date of this Article 1 in reliance on or pursuant to the |
provisions re-enacted by this Article 1, as those provisions |
were set forth in Public Act 88-669 or as subsequently amended, |
by any officer, employee, or agency of State government or by |
any other person or entity, are hereby validated, except to the |
extent prohibited under the Illinois or United States |
Constitution. |
(e) This Article 1 applies, without limitation, to actions |
pending on or after the effective date of this Article 1, |
except to the extent prohibited under the Illinois or United |
States Constitution.
|
Section 1-5. The Criminal Code of 1961 is amended by |
re-enacting Section 36-1 as follows:
|
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
|
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used |
with the knowledge
and consent of the owner in the commission |
of, or in the attempt to commit as
defined in Section 8-4 of |
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, |
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, |
19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, |
or 28-1 of this Code,
paragraph (a) of Section 12-4 of this |
Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or |
(d) of Section
12-16 of this Code, or paragraph (a)(6) or |
(a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 |
or 26 of the Cigarette Tax
Act if the vessel, vehicle or |
aircraft contains more than 10 cartons of
such cigarettes; (c) |
Section 28, 29 or 30 of the Cigarette Use Tax Act if
the |
vessel, vehicle or aircraft contains more than 10 cartons of |
such
cigarettes; (d) Section 44 of the Environmental Protection |
Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the |
offenses described in the
following provisions of the Illinois |
Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), |
(c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) |
|
an offense described in subsection (g) of Section 6-303 of the
|
Illinois Vehicle Code; or (h) an offense described in |
subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
|
may be
seized and delivered forthwith to the sheriff of the |
county of seizure.
|
Within 15 days after such delivery the sheriff shall give |
notice of seizure
to each person according to the following |
method: Upon each such person
whose right, title or interest is |
of record in the office of the Secretary
of State, the |
Secretary of Transportation, the Administrator of the Federal
|
Aviation Agency, or any other Department of this State, or any |
other state
of the United States if such vessel, vehicle or |
aircraft is required to be
so registered, as the case may be, |
by mailing a copy of the notice by
certified mail to the |
address as given upon the records of the Secretary of
State, |
the Department of Aeronautics, Department of Public Works and
|
Buildings or any other Department of this State or the United |
States if
such vessel, vehicle or aircraft is required to be so |
registered. Within
that 15 day period the sheriff shall also |
notify the State's Attorney of
the county of seizure about the |
seizure.
|
In addition, any mobile or portable equipment used in the |
commission of an
act which is in violation of Section 7g of the |
Metropolitan Water Reclamation
District Act shall be subject to |
seizure and forfeiture under the same
procedures provided in |
this Article for the seizure and forfeiture of vessels,
|
vehicles and aircraft, and any such equipment shall be deemed a |
vessel, vehicle
or aircraft for purposes of this Article.
|
When a person discharges a firearm at another individual |
from a vehicle with
the knowledge and consent of the owner of |
the vehicle and with the intent to
cause death or great bodily |
harm to that individual and as a result causes
death or great |
bodily harm to that individual, the vehicle shall be subject to
|
seizure and forfeiture under the same procedures provided in |
this Article for
the seizure and forfeiture of vehicles used in |
violations of clauses (a), (b),
(c), or (d) of this Section.
|
|
If the spouse of the owner of a vehicle seized for
an |
offense described in subsection (g) of Section 6-303 of the
|
Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), |
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 |
of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes |
a showing
that the seized vehicle is the only source of |
transportation and it is
determined that the financial hardship |
to the family as a result of the seizure
outweighs the benefit |
to the State from the seizure, the vehicle may be
forfeited to |
the spouse or family member and the title to the vehicle shall |
be
transferred to the spouse or family member who is properly |
licensed and who
requires the use of the vehicle for employment |
or family transportation
purposes. A written declaration of |
forfeiture of a vehicle under this
Section shall be sufficient |
cause for the title to be transferred to the spouse
or family |
member. The provisions of this paragraph shall apply only to |
one
forfeiture per vehicle. If the vehicle is the subject of a |
subsequent
forfeiture proceeding by virtue of a subsequent |
conviction of either spouse or
the family member, the spouse or |
family member to whom the vehicle was
forfeited under the first |
forfeiture proceeding may not utilize the
provisions of this |
paragraph in another forfeiture proceeding. If the owner of
the |
vehicle seized owns more than one vehicle,
the procedure set |
out in this paragraph may be used for only one vehicle.
|
Property declared contraband under Section 40 of the |
Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
seized and forfeited under this
Article.
|
(Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)
|
Section 1-10. The Unified Code of Corrections is amended by |
re-enacting Sections 3-7-6, 3-12-2, and 3-12-5 as follows:
|
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
|
Sec. 3-7-6. Reimbursement for expenses.
|
(a) Responsibility of committed persons. For the purposes |
of this
Section, "committed persons" mean those persons who |
|
through judicial
determination have been placed in the custody |
of the Department on the basis of
a conviction as an adult. |
Committed
persons shall be responsible to reimburse the
|
Department for the expenses incurred by their incarceration at |
a rate to be
determined by the Department in accordance with |
this Section.
|
(1) Committed persons shall fully cooperate with the |
Department by
providing complete
financial information for |
the purposes under this Section.
|
(2) The failure of a committed person to fully |
cooperate as provided for
in
clauses (3)
and (4) of |
subsection (a-5) shall be considered for purposes of a |
parole
determination. Any committed person who willfully |
refuses to cooperate with the
obligations set forth in this |
Section may be subject to the loss of good
conduct credit
|
towards his or her sentence of up to 180 days.
|
(a-5) Assets information form.
|
(1) The Department shall develop a form, which shall be |
used by the
Department
to
obtain information from all |
committed persons regarding assets of the persons.
|
(2) In order to enable the Department to determine the |
financial status of
the
committed
person, the form shall |
provide for obtaining the age and marital status of a
|
committed
person, the number and ages of children of the |
person, the number and ages of
other
dependents, the type |
and value of real estate, the type and value of personal
|
property,
cash and bank accounts, the location of any lock |
boxes, the type and value of
investments, pensions and |
annuities and any other personalty of significant
cash
|
value, including but not limited to jewelry, art work and |
collectables, and all
medical
or dental insurance policies |
covering the committed person. The form may also
provide |
for other information deemed pertinent by the Department in |
the
investigation of a committed person's assets.
|
(3) Upon being developed, the form shall be submitted |
to each committed
person
as of
the date the form is |
|
developed and to every committed person who thereafter is
|
sentenced to imprisonment under the jurisdiction of the |
Department. The form
may
be resubmitted to a committed |
person by the Department for purpose of
obtaining
current |
information regarding the assets of the person.
|
(4) Every committed person shall complete the form or |
provide for
completion
of the
form and the committed person |
shall swear under oath or affirm that to the best
of his
or |
her knowledge the information provided is complete and |
accurate.
|
(b) Expenses. The rate at which sums to be charged for the |
expenses
incurred by a committed person for his or her |
confinement
shall be computed by
the Department as the average |
per capita cost per day for all inmates of that
institution or |
facility for that fiscal year. The average per capita cost per
|
day shall be computed by the Department based on the average |
per capita cost
per day for the operation of that institution |
or facility for the fiscal year
immediately preceding the |
period of incarceration for which the rate is being
calculated. |
The Department shall establish rules and regulations providing |
for
the computation of the above costs, and shall determine the |
average per capita
cost per day for each of its institutions or |
facilities for each fiscal year.
The Department shall have the
|
power to modify its rules and regulations, so as to provide for |
the most
accurate and most current average per capita cost per |
day computation. Where
the committed person is placed in a |
facility outside the
Department, the
Department may pay the |
actual cost of services in that facility, and may
collect |
reimbursement for the entire amount paid from the committed |
person
receiving those services.
|
(c) Records. The records of the Department, including, but |
not limited to,
those relating to: the average per capita cost |
per day for a particular
institution or facility for a |
particular year, and the calculation of the
average per capita |
cost per day; the average daily population of a particular
|
Department correctional institution or facility for a |
|
particular year; the
specific placement of a particular |
committed person in
various Department
correctional |
institutions or facilities for various periods of time; and the
|
record of transactions of a particular committed person's
trust |
account under
Section 3-4-3 of this Act; may be proved in any |
legal proceeding, by a
reproduced copy thereof or by a computer |
printout of Department records, under
the certificate of the |
Director. If
reproduced copies are used, the Director must |
certify that those are true and
exact copies of the records on |
file with the Department. If computer
printouts of records of |
the Department are offered as proof, the Director must
certify |
that those computer printouts are true and exact |
representations of
records properly entered into standard |
electronic computing equipment, in the
regular course of the |
Department's business, at or reasonably near the time of
the |
occurrence of the facts recorded, from trustworthy and reliable
|
information. The reproduced copy or computer printout shall, |
without further
proof, be admitted into evidence in any legal |
proceeding, and shall be prima
facie correct and prima facie |
evidence of the accuracy of the information
contained therein.
|
(d) Authority. The Director, or the Director's designee, |
may, when he or
she knows or reasonably believes that a |
committed person, or the estate of that
person, has assets |
which may be used to satisfy all or part of a judgment
rendered |
under this Act,
or when he or she knows or reasonably believes |
that
a committed person is engaged in gang-related activity and |
has a substantial sum of
money or other assets,
provide for the |
forwarding to the Attorney General of a report on the
committed |
person and that report shall contain a completed form under
|
subsection (a-5) together with all other information available |
concerning the
assets of
the committed person and an estimate |
of the total expenses for that committed
person, and
authorize |
the Attorney General to institute
proceedings to require the
|
persons, or the estates of the persons, to reimburse the |
Department for the
expenses incurred by their incarceration. |
The Attorney General, upon
authorization of the Director, or |
|
the Director's designee, shall institute
actions on behalf of |
the Department and pursue claims on the Department's
behalf in |
probate and bankruptcy proceedings, to recover from committed |
persons the expenses incurred by
their
confinement.
For |
purposes of this subsection (d), "gang-related" activity
has |
the meaning ascribed to it in Section 10 of the Illinois |
Streetgang
Terrorism Omnibus Prevention Act.
|
(e) Scope and limitations.
|
(1) No action under this Section shall be initiated |
more than 2 years
after the release or death of the |
committed person in
question.
|
(2) The death of a convicted person, by execution or |
otherwise, while
committed to a Department correctional |
institution or facility shall not act as
a bar to any |
action or proceeding under this Section.
|
(3) The assets of a committed person, for the purposes
|
of this Section,
shall
include any property, tangible or |
intangible, real or personal, belonging to
or due to a |
committed or formerly committed person including income or |
payments
to the person from social security, worker's |
compensation, veteran's
compensation, pension benefits, or |
from any other source whatsoever and any
and all assets and |
property of whatever character held in the name
of the |
person, held for the benefit of the person, or payable or |
otherwise
deliverable to the person. Any trust, or portion |
of a trust, of which a
convicted person is a beneficiary, |
shall be construed as an asset of the
person, to the extent |
that benefits thereunder are required to be paid to the
|
person, or shall in fact be paid to the person.
At the time |
of a legal proceeding by the Attorney General under this |
Section,
if it appears that the committed person has any |
assets which ought to be
subjected to the claim of the |
Department under this Section, the court may
issue an order |
requiring any person, corporation, or other legal entity
|
possessed or having custody of those assets to appropriate |
any of the assets
or a portion thereof toward reimbursing |
|
the Department as provided for under
this Section.
No |
provision of this Section
shall be construed in violation |
of any State or federal limitation on the
collection of |
money judgments.
|
(4) Nothing in this Section shall preclude the |
Department from applying
federal benefits that are |
specifically provided for the care and treatment of
a |
committed person toward the cost of care provided by a
|
State facility or
private agency.
|
(Source: P.A. 92-564, eff. 1-1-03.)
|
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
|
Sec. 3-12-2. Types of employment.
|
(a) The Department may establish, maintain, train and |
employ committed
persons in industries for the production of |
articles, materials or supplies for
resale to authorized |
purchasers. It may also employ committed persons on public
|
works, buildings and property, the conservation of natural |
resources of the
State, anti-pollution or environmental |
control projects, or for other public
purposes, for the |
maintenance of the Department's buildings and properties and
|
for the production of food or other necessities for its |
programs. The
Department may establish, maintain and employ |
committed persons in the
production of vehicle registration |
plates. A committed person's labor shall
not be sold, |
contracted or hired out by the Department except under this
|
Article and under Section 3-9-2.
|
(b) Works of art, literature, handicraft or other items |
produced by
committed persons as an avocation and not as a |
product of a work program of the
Department may be sold to the |
public under rules and regulations established by
the |
Department. The cost of selling such products may be deducted |
from the
proceeds, and the balance shall be credited to the |
person's account under
Section 3-4-3. The Department shall |
notify the Attorney General of the
existence of any proceeds |
which it believes should be applied towards a
satisfaction, in |
|
whole or in part, of the person's incarceration costs.
|
(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
|
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
|
Sec. 3-12-5. Compensation. Persons performing a work |
assignment under
subsection (a) of Section 3-12-2 may receive |
wages under rules and regulations
of the Department. In |
determining rates of compensation, the Department shall
|
consider the effort, skill and economic value of the work |
performed.
Compensation may be given to persons who participate |
in other programs of the
Department. Of the compensation earned |
pursuant to this Section, a portion, as
determined by the |
Department, shall be used to offset the cost of the committed
|
person's incarceration. If the committed person files a lawsuit |
determined
frivolous
under Article XXII of the Code of Civil |
Procedure, 50% of the
compensation shall be used to offset the |
filing fees and costs of the lawsuit
as provided in
that |
Article until all fees and costs are paid in full. All other |
wages shall
be deposited in the individual's
account under |
rules and regulations of the Department. The Department shall
|
notify the Attorney General of any compensation applied towards |
a satisfaction,
in whole or in part, of the person's |
incarceration costs.
|
(Source: P.A. 90-505, eff. 8-19-97.)
|
Article 2.
|
Section 2-1. Findings; purpose. |
(a) The General Assembly finds and declares that:
|
(1) Public Act 89-688, effective June 1, 1997, |
contained provisions
amending Sections 31A-1.1 and 31A-1.2 |
of the Criminal Code of 1961
relating to bringing |
contraband into a penal institution; possessing
contraband |
in a penal institution; and unauthorized bringing of |
contraband
into a penal institution by an employee. Public |
Act 89-688 also contained
other provisions.
|
|
(2) On October 20, 2000, in People v. Jerry Lee Foster, |
316 Ill. App.
3d 855, the Illinois Appellate Court, Fourth |
District, ruled that Public Act
89-688 violates the single |
subject clause of the Illinois Constitution (Article
IV, |
Section 8 (d)) and is therefore unconstitutional in its |
entirety.
The Illinois Supreme Court agreed with the |
reasoning of that court in People v. Burdunice, 211 Ill. 2d |
264 (2004). |
(3) The provisions added to Sections 31A-1.1 and |
31A-1.2 of the
Criminal Code of 1961 by Public Act 89-688 |
are of vital concern to the
people of this State. Prompt |
legislative action concerning those provisions is
|
necessary.
|
(4) Section 31A-1.1 of the Criminal Code of 1961 has |
subsequently
been amended by Public Act 94-556. Section |
31A-1.2 of the Criminal Code of 1961 has subsequently
been |
amended by Public Acts 90-655, 91-357, and 94-556.
|
(b) It is the purpose of this Article 2 to re-enact |
Sections 31A-1.1 and 31A-1.2
of the Criminal Code of 1961, |
including the provisions added by Public
Act 89-688 and the |
subsequent amendment to Section 31A-1.1 by Public Act 94-556 |
and subsequent amendments to Section 31A-1.2 by Public Acts |
90-655, 91-357, and 94-556. This re-enactment is intended to |
remove any question as to the
validity or content of those |
provisions; it is not intended to supersede any
other Public |
Act that amends the text of the Sections as set forth in this |
Article 2.
The re-enacted material is shown in this Article 2 |
as existing text (i.e., without
underscoring).
|
Section 2-5. The Criminal Code of 1961 is amended by |
re-enacting Sections 31A-1.1 and 31A-1.2 as follows:
|
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
|
Sec. 31A-1.1. Bringing Contraband into a Penal |
Institution;
Possessing Contraband in a Penal Institution.
|
(a) A person commits the offense of bringing contraband |
|
into a penal
institution when he knowingly and without |
authority of any person designated
or authorized to grant such |
authority (1) brings an item of contraband into
a penal |
institution or (2) causes another to bring an item of
|
contraband into a penal institution or (3) places an item of
|
contraband in such proximity to a penal institution as to give |
an
inmate access to the contraband.
|
(b) A person commits the offense of possessing contraband |
in a
penal institution when he possesses contraband in a penal |
institution,
regardless of the intent with which he possesses |
it.
|
(c) For the purposes of this Section, the words and phrases
|
listed below shall be defined as follows:
|
(1) "Penal institution" means any penitentiary, State |
farm,
reformatory, prison, jail, house of correction, |
police detention area,
half-way house or other institution |
or place for the incarceration or
custody of persons under |
sentence for offenses awaiting trial or sentence
for |
offenses, under arrest for an offense, a violation of |
probation, a
violation of parole, or a violation of |
mandatory supervised release, or
awaiting a bail setting |
hearing or preliminary hearing; provided that where
the |
place for incarceration or custody is housed within another |
public
building this Act shall not apply to that part of |
such building unrelated
to the incarceration or custody of |
persons.
|
(2) "Item of contraband" means any of the following:
|
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934.
|
(ii) "Cannabis" as such term is defined in |
subsection (a) of Section 3
of the Cannabis Control |
Act.
|
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act.
|
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
|
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection.
|
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this
Act, or any other dangerous weapon or |
instrument of like character.
|
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
projectiles by the action of an
explosion, expansion of |
gas or escape of gas, including but not limited to:
|
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter, or;
|
(B) any device used exclusively for signaling |
or safety and required
as
recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or
|
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or
|
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser.
|
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
|
to
use in a firearm, including but not limited to:
|
(A) any ammunition exclusively designed for |
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or
|
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition.
|
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles.
|
(ix) "Tool to defeat security mechanisms" means, |
but is not limited to,
handcuff or security restraint |
key, tool designed to pick locks, or device or
|
instrument capable of unlocking handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution.
|
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter,
or device, instrument or |
file capable of cutting through metal.
|
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
pagers,
computers, and computer peripheral equipment |
brought into or possessed in a
penal institution |
without the written authorization of the Chief |
Administrative
Officer.
|
(d) Bringing alcoholic liquor into a penal institution is a |
Class 4
felony. Possessing alcoholic liquor in a penal |
institution is a Class 4
felony.
|
(e) Bringing cannabis into a penal institution is a Class 3 |
|
felony.
Possessing cannabis in a penal institution is a Class 3 |
felony.
|
(f) Bringing any amount of a controlled substance |
classified in
Schedules III, IV or V of Article II of the |
Controlled Substance Act into a
penal institution is a Class 2 |
felony. Possessing any amount of a
controlled substance |
classified in Schedule III, IV, or V of Article II of
the |
Controlled Substance Act in a penal institution is a Class 2 |
felony.
|
(g) Bringing any amount of a controlled substance |
classified in
Schedules I or II of Article II of the Controlled |
Substance Act into a
penal institution is a Class 1 felony. |
Possessing any amount of a
controlled substance classified in |
Schedules I or II of Article II of the
Controlled Substance Act |
in a penal institution is a Class 1 felony.
|
(h) Bringing an item of contraband listed in paragraph (iv) |
of
subsection (c)(2) into a penal institution is a Class 1 |
felony. Possessing
an item of contraband listed in paragraph |
(iv) of subsection (c)(2) in a
penal institution is a Class 1 |
felony.
|
(i) Bringing an item of contraband listed in paragraph (v), |
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal |
institution is a Class 1 felony. Possessing an item of
|
contraband listed in paragraph (v), (ix), (x), or (xi) of
|
subsection (c)(2) in a
penal
institution is a Class 1 felony.
|
(j) Bringing an item of contraband listed in paragraphs |
(vi), (vii) or
(viii) of subsection (c)(2) in a penal |
institution is a Class X felony.
Possessing an item of |
contraband listed in paragraphs (vi), (vii), or
(viii) of |
subsection (c)(2) in a penal institution is a Class X felony.
|
(k) It shall be an affirmative defense to subsection
(b) |
hereof, that
such possession was specifically authorized by |
rule, regulation, or
directive of the governing authority of |
the penal institution or order
issued pursuant thereto.
|
(l) It shall be an affirmative defense to subsection (a)(1) |
and
subsection (b) hereof that the person bringing into or |
|
possessing
contraband in a penal institution had been arrested, |
and that that person
possessed such contraband at the time of |
his
arrest, and that such contraband was brought into or |
possessed in the penal
institution by that person as a direct |
and immediate result of his arrest.
|
(m) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
|
Sec. 31A-1.2. Unauthorized bringing of contraband into a |
penal institution
by an employee; unauthorized possessing of |
contraband in a penal institution by
an employee; unauthorized |
delivery of contraband in a penal institution by an
employee.
|
(a) A person commits the offense of unauthorized bringing |
of contraband into
a penal institution by an employee when a |
person who is an employee knowingly
and without authority or |
any person designated or authorized to grant such
authority:
|
(1) brings or attempts to bring an item of contraband |
listed in paragraphs
(i) through (iv) of subsection (d)(4) |
into a penal institution, or
|
(2) causes or permits another to bring an item of |
contraband listed in
paragraphs (i) through (iv) of |
subsection (d)(4) into a penal
institution.
|
(b) A person commits the offense of unauthorized possession |
of contraband in
a penal institution by an employee when a |
person who is an employee knowingly
and without authority of |
any person designated or authorized to grant such
authority |
possesses contraband listed in paragraphs (i) through (iv) of
|
subsection (d)(4) in a penal institution, regardless of the |
intent with which
he possesses it.
|
(c) A person commits the offense of unauthorized delivery |
of contraband
in a penal institution by an employee when a |
person who is an employee
knowingly and without authority of |
|
any person designated or authorized to grant
such authority:
|
(1) delivers or possesses with intent to deliver an |
item of contraband
to any inmate of a penal institution, or
|
(2) conspires to deliver or solicits the delivery of an |
item of
contraband to any inmate of a penal institution, or
|
(3) causes or permits the delivery of an item of |
contraband to any
inmate of a penal institution, or
|
(4) permits another person to attempt to deliver an |
item of contraband to
any inmate of a penal institution.
|
(d) For purpose of this Section, the words and phrases |
listed below
shall be defined as follows:
|
(1) "Penal Institution" shall have the meaning |
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
this Code;
|
(2) "Employee" means any elected or appointed officer, |
trustee or
employee of a penal institution or of the |
governing authority of the penal
institution, or any person |
who performs services for the penal institution
pursuant to |
contract with the penal institution or its governing
|
authority.
|
(3) "Deliver" or "delivery" means the actual, |
constructive or attempted
transfer of possession of an item |
of contraband, with or without consideration,
whether or |
not there is an agency relationship;
|
(4) "Item of contraband" means any of the following:
|
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934.
|
(ii) "Cannabis" as such term is defined in |
subsection (a) of
Section 3 of the Cannabis Control |
Act.
|
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act.
|
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
|
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection.
|
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this Act, or any
other dangerous weapon or |
instrument of like character.
|
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
projectiles by the action of an explosion,
expansion of |
gas or escape of gas, including but not limited to:
|
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter; or
|
(B) any device used exclusively for signaling |
or safety and required
or recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or
|
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or
|
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser.
|
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to:
|
(A) any ammunition exclusively designed for |
|
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or
|
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition.
|
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles.
|
(ix) "Tool to defeat security mechanisms" means, |
but is not limited
to,
handcuff or security restraint |
key, tool designed to pick locks, or device or
|
instrument capable of unlocking handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution.
|
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter, or device, instrument or |
file capable of cutting through metal.
|
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
pagers,
computers, and computer peripheral equipment.
|
(e) A violation of paragraphs (a) or (b) of this Section |
involving alcohol
is a Class 4 felony. A violation of paragraph |
(a) or (b) of this Section
involving cannabis is a Class 2 |
felony. A violation of paragraph (a) or (b)
involving any |
amount of a controlled substance classified in Schedules III, |
IV
or V of Article II of the Illinois Controlled Substances Act |
is a Class 1
felony. A
violation of paragraph (a) or (b) of |
this Section involving any amount of a
controlled substance |
classified in Schedules I or II of Article II of the
Illinois |
|
Controlled Substances Act is a Class X felony. A violation of
|
paragraph (a) or
(b) involving an item of contraband listed in |
paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
violation of paragraph (a) or (b) involving an
item of |
contraband listed in paragraph (v) or (xi) of subsection (d)(4) |
is
a Class 1
felony. A violation of paragraph (a) or (b) |
involving an item of contraband
listed in paragraphs (vi), |
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
|
(f) A violation of paragraph (c) of this Section involving |
alcoholic
liquor is a Class 3 felony. A violation of paragraph |
(c) involving cannabis
is a Class 1 felony. A violation of |
paragraph (c) involving any amount of a
controlled substance |
classified in Schedules III, IV or V of Article II of the
|
Illinois Controlled Substances Act is a Class X felony. A |
violation of
paragraph (c)
involving any amount of a controlled |
substance classified in Schedules I or II
of Article II of the |
Illinois Controlled Substances Act is a Class X felony
for |
which
the minimum term of imprisonment shall be 8 years. A |
violation of paragraph
(c) involving an item of contraband |
listed in paragraph (iv) of subsection
(d)(4) is a Class X |
felony for which the minimum term of imprisonment shall be
8 |
years. A violation of paragraph (c) involving an item of |
contraband listed
in paragraph (v), (ix) or (x) of subsection |
(d)(4) is a Class X felony for
which the minimum
term of |
imprisonment shall be 10 years. A violation of paragraph (c) |
involving
an item of contraband listed in paragraphs (vi), |
(vii) or (viii) of subsection
(d)(4) is a Class X felony for |
which the minimum term of imprisonment shall be
12 years.
|
(g) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|