Bill Text: IL SB3503 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. Provides that for the purposes of the offenses of bringing contraband into a penal institution, possessing contraband in a penal institution, unauthorized bringing of contraband into a penal institution by an employee, unauthorized possession of contraband in a penal institution by an employee, and unauthorized delivery of contraband in a penal institution by an employee, the term "item of contraband" includes poppers. Defines a popper as a device that, when placed in a locking mechanism of a cell door, can override, block or in any way defeat the locking mechanism of a cell door allowing the inmate to exit the unlocked cell. Establishes penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1112 [SB3503 Detail]

Download: Illinois-2009-SB3503-Enrolled.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. 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

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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.

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(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

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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

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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.

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(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)

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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.

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(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

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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

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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

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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.

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(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

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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

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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.)