Bill Text: IL HB3904 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: If and only if House Bill 3653 of the 101st General Assembly becomes law, amends the Criminal Code of 2012. Removes stun guns and tasers from the definition of "firearm". Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3904 Detail]

Download: Illinois-2021-HB3904-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if House Bill 3653 of the 101st
General Assembly becomes law, the Criminal Code of 2012 is
amended by changing Section 31A-0.1 as follows:
(720 ILCS 5/31A-0.1)
Sec. 31A-0.1. Definitions. For the purposes of this
Article:
"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.
"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.
"Item of contraband" means any of the following:
(i) "Alcoholic liquor" as that term is defined in
Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as that term is defined in subsection
(a) of Section 3 of the Cannabis Control Act.

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(iii) "Controlled substance" as that term is defined
in the Illinois Controlled Substances Act.
(iii-a) "Methamphetamine" as that 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. This term
includes any of the devices or implements designated in
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
this Code, 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

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(C) any device used exclusively for the firing of
stud cartridges, explosive rivets or industrial
ammunition; or
(D) (blank) 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 or her
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

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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" for the purposes of
Section 31A-1.1 of this Article 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. "Electronic contraband"
for the purposes of Section 31A-1.2 of this Article,
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

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equipment.
"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, a violation of aftercare release, or a violation of
mandatory supervised release, or awaiting a hearing on the
setting of conditions of pretrial release or preliminary
hearing; provided that where the place for incarceration or
custody is housed within another public building this Article
shall not apply to that part of the building unrelated to the
incarceration or custody of persons.
(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14;
10100HB3653enr.)
Section 99. Effective date. This Act takes effect upon
becoming law.