HB2935 EngrossedLRB100 10360 RLC 20552 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 31A-0.1, 31A-1.1, and 31A-1.2 as follows:

6 (720 ILCS 5/31A-0.1)
7 Sec. 31A-0.1. Definitions. For the purposes of this 
8Article: 
9 "Deliver" or "delivery" means the actual, constructive or 
10attempted
transfer of possession of an item of contraband, with 
11or without consideration,
whether or not there is an agency 
12relationship. 
13 "Employee" means any elected or appointed officer, trustee 
14or
employee of a penal institution or of the governing 
15authority of the penal
institution, or any person who performs 
16services for the penal institution
pursuant to contract with 
17the penal institution or its governing
authority. 
18 "Item of contraband" means any of the following:
19  (i) "Alcoholic liquor" as that term is defined in 
20 Section 1-3.05 of the
Liquor Control Act of 1934. 
21  (i-d) "Broadcast equipment" means, but is not limited 
22 to, any hardware, instrument, apparatus, software, or item 
23 that contains a camera or recording device of any type, or 
 
 
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1 is capable of capturing, transmitting, intercepting, or 
2 projecting any sound, image, pulse wave, radio signal, 
3 television signal, or radio signal and television signal. 
4  (ii) "Cannabis" as that term is defined in subsection 
5 (a) of Section 3
of the Cannabis Control Act. 
6  (iii) "Controlled substance" as that term is defined in 
7 the Illinois
Controlled Substances Act. 
8  (iii-a) "Methamphetamine" as that term is defined in 
9 the Illinois Controlled Substances Act or the 
10 Methamphetamine Control and Community Protection Act. 
11  (iv) "Hypodermic syringe" or hypodermic needle, or any 
12 instrument
adapted for use of controlled substances or 
13 cannabis by subcutaneous injection. 
14  (v) "Weapon" means any knife, dagger, dirk, billy, 
15 razor, stiletto,
broken bottle, or other piece of glass 
16 which could be used as a dangerous
weapon. This term 
17 includes any of the devices or implements designated in

18 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of 
19 this
Code, or any other dangerous weapon or instrument of 
20 like character. 
21  (vi) "Firearm" means any device, by whatever name 
22 known, which is
designed to expel a projectile or 
23 projectiles by the action of an
explosion, expansion of gas 
24 or escape of gas, including but not limited to: 
25   (A) any pneumatic gun, spring gun, or B-B gun which 
26 expels a single
globular projectile not exceeding .18 
 
 
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1 inch in diameter; or 
2   (B) any device used exclusively for signaling or 
3 safety and required
as
recommended by the United States 
4 Coast Guard or the Interstate Commerce
Commission; or 
5   (C) any device used exclusively for the firing of 
6 stud cartridges,
explosive rivets or industrial 
7 ammunition; or 
8   (D) any device which is powered by electrical 
9 charging units, such as
batteries, and which fires one 
10 or several barbs attached to a length of
wire and 
11 which, upon hitting a human, can send out current 
12 capable of
disrupting the person's nervous system in 
13 such a manner as to render him or her incapable of 
14 normal functioning, commonly referred to as a stun gun 
15 or taser. 
16  (vii) "Firearm ammunition" means any self-contained 
17 cartridge or shotgun
shell, by whatever name known, which 
18 is designed to be used or adaptable to
use in a firearm, 
19 including but not limited to: 
20   (A) any ammunition exclusively designed for use 
21 with a device used
exclusively for signaling or safety 
22 and required or recommended by the
United States Coast 
23 Guard or the Interstate Commerce Commission; or 
24   (B) any ammunition designed exclusively for use 
25 with a stud or rivet
driver or other similar industrial 
26 ammunition. 
 
 
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1  (viii) "Explosive" means, but is not limited to, bomb, 
2 bombshell,
grenade, bottle or other container containing 
3 an explosive substance of
over one-quarter ounce for like 
4 purposes such as black powder bombs and
Molotov cocktails 
5 or artillery projectiles. 
6  (ix) "Tool to defeat security mechanisms" means, but is 
7 not limited to,
handcuff or security restraint key, tool 
8 designed to pick locks, popper, or any device or
instrument 
9 used to or capable of unlocking or preventing from locking 
10 any handcuff or security restraints, doors to
cells, rooms, 
11 gates or other areas of the penal institution. 
12  (x) "Cutting tool" means, but is not limited to, 
13 hacksaw blade,
wirecutter,
or device, instrument or file 
14 capable of cutting through metal. 
15  (xi) "Electronic contraband" for the purposes of 
16 Section 31A-1.1 of this Article means, but is not limited 
17 to, any
electronic, software operated device, video 
18 recording device, computer, radio or radio-operated 
19 device, or cellular communications
equipment, including, 
20 but not
limited to, cellular telephones, cellular 
21 telephone batteries, videotape
recorders, pagers,

22 computers, and computer peripheral equipment brought into 
23 or possessed in a
penal institution without the written 
24 authorization of the Chief Administrative
Officer. 
25 "Electronic contraband" for the purposes of Section 
26 31A-1.2 of this Article, means, but is not limited to, any

 
 
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1 electronic, software operated device, video recording 
2 device, computer, radio or radio-operated device, or 
3 cellular communications
equipment, including, but not

4 limited to, cellular telephones, cellular telephone 
5 batteries, videotape
recorders, pagers,
computers, and 
6 computer peripheral equipment. 
7  (xii) "Recording device" means, but is not limited to, 
8 any instrument, apparatus, method, or device that is 
9 capable of receiving, recording, intercepting, or 
10 capturing any sounds or images, including, but not limited 
11 to, magnetic, digital, chemical, thermodynamic, 
12 photochemical, mechanical, magnetic, optical, electrical, 
13 or emulsion.
14 "Penal institution" means any penitentiary, State farm,

15reformatory, prison, jail, house of correction, police 
16detention area,
half-way house or other institution or place 
17for the incarceration or
custody of persons under sentence for 
18offenses awaiting trial or sentence
for offenses, under arrest 
19for an offense, a violation of probation, a
violation of 
20parole, a violation of aftercare release, or a violation of 
21mandatory supervised release, or
awaiting a bail setting 
22hearing or preliminary hearing; provided that where
the place 
23for incarceration or custody is housed within another public

24building this Article shall not apply to that part of the 
25building unrelated
to the incarceration or custody of persons. 

26(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)

 
 
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1 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
2 Sec. 31A-1.1. Bringing Contraband into a Penal 
3Institution;
Possessing Contraband in a Penal Institution.
4 (a) A person commits bringing contraband into a penal

5institution when he or she knowingly and without authority of 
6any person designated
or authorized to grant this authority 
7  (1) brings an item of contraband into
a penal 
8 institution; or 
9  (2) causes another to bring an item of
contraband into 
10 a penal institution; or 
11  (3) places an item of
contraband in such proximity to a 
12 penal institution as to give an
inmate access to the 
13 contraband; or .
14  (4) places or causes to be placed a recording device, 
15 broadcast
equipment, or electronic contraband on penal 
16 institution property, or
within the proximity of penal 
17 institution property with the intent to
disrupt safety, 
18 security, or operations of the penal institution. 
19 (b) A person commits possessing contraband in a
penal 
20institution when he or she knowingly and without authority 
21possesses contraband in a penal institution,
regardless of the 
22intent with which he or she possesses it.
23 (c) (Blank).
24 (d) Sentence.
25  (1) Bringing into or possessing alcoholic liquor in a 
 
 
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1 penal institution is a Class 4
felony.
2  (2) Bringing into or possessing cannabis in a penal 
3 institution is a Class 3 felony.

4  (3) Bringing into or possessing any amount of a 
5 controlled substance classified in
Schedules III, IV or V 
6 of Article II of the Illinois Controlled Substances Act in 
7 a
penal institution is a Class 2 felony.
8  (4) Bringing into or possessing any amount of a 
9 controlled substance classified in
Schedules I or II of 
10 Article II of the Illinois Controlled Substances Act in a

11 penal institution is a Class 1 felony.
12  (5) Bringing into or possessing a hypodermic syringe in 
13 a penal institution is a Class 1 felony.
14  (6) Bringing into or possessing a weapon, tool to 
15 defeat security mechanisms, cutting tool, or electronic 
16 contraband, recording
device, broadcast equipment, or 
17 electronic contraband in a penal
institution, on penal 
18 institution property, or within the proximity of
penal 
19 institution property with the intent to disrupt safety, 
20 security,
or operations of the penal institution in a penal 
21 institution is a Class 1 felony.
22  (7) Bringing into or possessing a firearm, firearm 
23 ammunition, or explosive in a penal institution is a Class 
24 X felony.

25 (e) It shall be an affirmative defense to subsection
(b), 
26that
the possession was specifically authorized by rule, 
 
 
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1regulation, or
directive of the governing authority of the 
2penal institution or order
issued under it.
3 (f) It shall be an affirmative defense to subsection (a)(1) 
4and
subsection (b) that the person bringing into or possessing

5contraband in a penal institution had been arrested, and that 
6person
possessed the contraband at the time of his
or her 
7arrest, and that the contraband was brought into or possessed 
8in the penal
institution by that person as a direct and 
9immediate result of his or her arrest.
10 (g) Items confiscated may be retained for use by the 
11Department of
Corrections or disposed of as deemed appropriate 
12by the Chief Administrative
Officer in accordance with 
13Department rules or disposed of as required by
law.
14(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

15 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
16 Sec. 31A-1.2. Unauthorized bringing of contraband into a 
17penal institution
by an employee; unauthorized possessing of 
18contraband in a penal institution by
an employee; unauthorized 
19delivery of contraband in a penal institution by an
employee.
20 (a) A person commits unauthorized bringing of contraband 
21into
a penal institution by an employee when a person who is an 
22employee knowingly
and without authority of
any person 
23designated or authorized to grant this
authority:
24  (1) brings or attempts to bring an item of contraband 
25 into a penal institution; , or
 
 
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1  (2) causes or permits another to bring an item of 
2 contraband into a penal
institution; or .
3  (3) places or causes to be placed, or permits another 
4 to place or cause to
be placed, any item of contraband on 
5 penal institution property, or
within the proximity of 
6 penal institution property, with the intent to
disrupt 
7 safety, security, or operations of the penal institution. 
8 (b) A person commits unauthorized possession of contraband 
9in
a penal institution by an employee when a person who is an 
10employee knowingly
and without authority of any person 
11designated or authorized to grant this
authority possesses an 
12item of contraband in a penal institution, regardless of the 
13intent with which
he or she possesses it.
14 (c) A person commits unauthorized delivery of contraband
in 
15a penal institution by an employee when a person who is an 
16employee
knowingly and without authority of any person 
17designated or authorized to grant
this authority:
18  (1) delivers or possesses with intent to deliver an 
19 item of contraband
to any inmate of a penal institution; , 
20 or
21  (2) conspires to deliver or solicits the delivery of an 
22 item of
contraband to any inmate of a penal institution; , 
23 or
24  (3) causes or permits the delivery of an item of 
25 contraband to any
inmate of a penal institution; , or
26  (4) permits another person to attempt to deliver an 
 
 
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1 item of contraband to
any inmate of a penal institution; 
2 or .
3  (5) delivers, possesses, conspires to deliver or 
4 solicits delivery, causes
or permits delivery, or permits 
5 another to attempt to deliver, any item
of contraband 
6 within the proximity of penal institution property with
the 
7 intent to disrupt safety, security, or operations of the 
8 penal
institution. 
9 (d) For a violation of subsection (a) or (b) involving a 
10cellular telephone or cellular telephone battery, the 
11defendant must intend to provide the cellular telephone or 
12cellular telephone battery to any inmate in a penal 
13institution, or to use the cellular telephone or cellular 
14telephone battery at the direction of an inmate or for the 
15benefit of any inmate of a penal institution. 
16 (e) Sentence.
17  (1) A violation of paragraphs (a) or (b) of this 
18 Section involving alcohol
is a Class 4 felony. A violation 
19 of paragraph (a) or (b) of this Section
involving cannabis 
20 is a Class 2 felony. A violation of paragraph (a) or (b)

21 involving any amount of a controlled substance classified 
22 in Schedules III, IV
or V of Article II of the Illinois 
23 Controlled Substances Act is a Class 1
felony. A
violation 
24 of paragraph (a) or (b) of this Section involving any 
25 amount of a
controlled substance classified in Schedules I 
26 or II of Article II of the
Illinois Controlled Substances 
 
 
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1 Act is a Class X felony. A violation of
paragraph (a) or

2 (b) involving a hypodermic syringe is a Class X felony. A 
3 violation of
paragraph (a) or (b) involving placing or 
4 causing to be placed, or
allowing another to place or cause 
5 to place a recording device,
broadcast equipment, or 
6 electronic contraband on penal institution
property or 
7 within the proximity of penal institution property with
the 
8 intent to disrupt safety, security, or operations of the 
9 penal
institution is a Class 2 felony. A violation of 
10 paragraph (a) or (b) involving a weapon, tool to defeat 
11 security mechanisms, cutting tool, or electronic 
12 contraband is
a Class 1
felony. A violation of paragraph 
13 (a) or (b) involving a firearm, firearm ammunition, or 
14 explosive is a Class X
felony.
15  (2) A violation of paragraph (c) of this Section 
16 involving alcoholic
liquor is a Class 3 felony. A violation 
17 of paragraph (c) involving cannabis
is a Class 1 felony. A 
18 violation of paragraph (c) involving any amount of a

19 controlled substance classified in Schedules III, IV or V 
20 of Article II of the
Illinois Controlled Substances Act is 
21 a Class X felony. A violation of
paragraph (c)
involving 
22 any amount of a controlled substance classified in 
23 Schedules I or II
of Article II of the Illinois Controlled 
24 Substances Act is a Class X felony
for which
the minimum 
25 term of imprisonment shall be 8 years. A violation of 
26 paragraph
(c) involving a hypodermic syringe is a Class X 
 
 
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1 felony for which the minimum term of imprisonment shall be

2 8 years. A violation of paragraph (c) involving a weapon, 
3 tool to defeat security mechanisms, cutting tool, or 
4 electronic contraband is a Class X felony for
which the 
5 minimum
term of imprisonment shall be 10 years. A violation 
6 of paragraph (c) involving
placing or causing to be placed, 
7 or allowing another to place or cause to
place a recording 
8 device, broadcast equipment, or electronic
contraband on 
9 penal institution property or within the proximity of
penal 
10 institution property with the intent to disrupt safety, 
11 security,
or operations of the penal institution is a Class 
12 4 felony. A violation of paragraph (c) involving
a firearm, 
13 firearm ammunition, or explosive is a Class X felony for 
14 which the minimum term of imprisonment shall be
12 years.
15 (f) Items confiscated may be retained for use by the 
16Department of
Corrections or disposed of as deemed appropriate 
17by the Chief Administrative
Officer in accordance with 
18Department rules or disposed of as required by
law.
19 (g) For a violation of subsection (a) or (b) involving 
20alcoholic liquor, a weapon, firearm, firearm ammunition, tool 
21to defeat security mechanisms, cutting tool, or electronic 
22contraband, the items shall not be considered to be in a penal 
23institution when they are secured in an employee's locked, 
24private motor vehicle parked on the grounds of a penal 
25institution. 
26(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; 
 
 
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196-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. 
21-1-13.)


 
 
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1
INDEX

2
Statutes amended in order of appearance