Public Act 096-1112
 
SB3503 EnrolledLRB096 18517 RLC 33898 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
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, popper, or any device 
        or
instrument used to or capable of unlocking or 
        preventing from locking any 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; 94-1017, eff. 7-7-06.)
 
    (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 of
 
any person designated or authorized to grant such
authority:
        (1) brings or attempts to bring an item of contraband 
    listed in subsection (d)(4) into a penal institution, or
        (2) causes or permits another to bring an item of 
    contraband listed in
 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
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, popper, or any device 
        or
instrument used to or capable of unlocking or 
        preventing from locking any 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.
    For a violation of subsection (a) or (b) involving a 
cellular telephone or cellular telephone battery, the 
defendant must intend to provide the cellular telephone or 
cellular telephone battery to any inmate in a penal 
institution, or to use the cellular telephone or cellular 
telephone battery at the direction of an inmate or for the 
benefit of any inmate of a penal institution. 
    (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.
    (h) For a violation of subsection (a) or (b) involving 
items described in clause (i), (v), (vi), (vii), (ix), (x), or 
(xi) of paragraph (4) of subsection (d), such items shall not 
be considered to be in a penal institution when they are 
secured in an employee's locked, private motor vehicle parked 
on the grounds of a penal institution. 
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09.)