Bill Text: IL HB5132 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 concerning the Interference With Penal Institution Article of the Code. Provides that in addition to any other penalty provided by law, an additional one year of imprisonment shall be added to the sentence of a person who commits bringing contraband into a penal institution or unauthorized bringing or delivery of contraband into a penal institution by an employee by using an unmanned aerial vehicle. Provides that a person who knowingly and intentionally operates an unmanned aerial vehicle below the navigable airspace overlying a State penal institution is guilty of a Class A misdemeanor. Provides that this provision does not apply to an employee who operates the unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to operate the unmanned aerial vehicle. Provides that a person who knowingly and intentionally captures images or data of a State penal institution through the operation of an unmanned aerial vehicle is guilty of a Class 4 felony. Provides that this provision does not apply to an employee who captures images or data of a State penal institution through the operation of an unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to capture images or data of a State penal institution through the operation of an unmanned aerial vehicle. Defines "State penal institution" and "unmanned aerial vehicle".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5132 Detail]

Download: Illinois-2023-HB5132-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5132 Introduced 2/8/2024, by Rep. Dave Severin - Patrick Windhorst - David Friess SYNOPSIS AS INTRODUCED:
720 ILCS 5/31A-0.1
720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
720 ILCS 5/31A-1.3 new
720 ILCS 5/31A-1.4 new
Amends the Criminal Code of 2012 concerning the Interference With Penal Institution Article of the Code. Provides that in addition to any other penalty provided by law, an additional one year of imprisonment shall be added to the sentence of a person who commits bringing contraband into a penal institution or unauthorized bringing or delivery of contraband into a penal institution by an employee by using an unmanned aerial vehicle. Provides that a person who knowingly and intentionally operates an unmanned aerial vehicle below the navigable airspace overlying a State penal institution is guilty of a Class A misdemeanor. Provides that this provision does not apply to an employee who operates the unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to operate the unmanned aerial vehicle. Provides that a person who knowingly and intentionally captures images or data of a State penal institution through the operation of an unmanned aerial vehicle is guilty of a Class 4 felony. Provides that this provision does not apply to an employee who captures images or data of a State penal institution through the operation of an unmanned aerial vehicle within the scope of his or her employment, or a person who receives prior permission from the penal institution to capture images or data of a State penal institution through the operation of an unmanned aerial vehicle. Defines "State penal institution" and "unmanned aerial vehicle".
LRB103 36012 RLC 66099 b
A BILL FOR
HB5132 LRB103 36012 RLC 66099 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 2012 is amended by
changing Sections 31A-0.1, 31A-1.1, and 31A-1.2 and by adding
Sections 31A-1.3 and 31A-1.4 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) 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.
"State penal institution" means a facility or institution
of the Department of Corrections.
"Unmanned aerial vehicle" means an unmanned aircraft or
drone and its associated elements, including, but not limited
to, communication links and the components that control the
unmanned aircraft that are required for the pilot in command
to operate safely and efficiently in the national airspace
system.
(Source: P.A. 101-652, eff. 1-1-23.)
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
Sec. 31A-1.1. Bringing Contraband into a Penal

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Institution; Possessing Contraband in a Penal Institution.
(a) A person commits bringing contraband into a penal
institution when he or she knowingly and without authority of
any person designated or authorized to grant this 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 possessing contraband in a penal
institution when he or she knowingly possesses contraband in a
penal institution, regardless of the intent with which he or
she possesses it.
(c) (Blank).
(d) Sentence.
(1) Bringing into or possessing alcoholic liquor in a
penal institution is a Class 4 felony.
(2) Bringing into or possessing cannabis in a penal
institution is a Class 3 felony.
(3) Bringing into or possessing any amount of a
controlled substance classified in Schedules III, IV or V
of Article II of the Illinois Controlled Substances Act in
a penal institution is a Class 2 felony.
(4) Bringing into or possessing any amount of a
controlled substance classified in Schedules I or II of
Article II of the Illinois Controlled Substances Act in a

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penal institution is a Class 1 felony.
(5) Bringing into or possessing a hypodermic syringe
in a penal institution is a Class 1 felony.
(6) Bringing into or possessing a weapon, tool to
defeat security mechanisms, cutting tool, or electronic
contraband in a penal institution is a Class 1 felony.
(7) Bringing into or possessing a firearm, firearm
ammunition, or explosive in a penal institution is a Class
X felony.
(8) If a person commits bringing contraband into a
penal institution by use of an unmanned aerial vehicle, in
addition to any other penalty provided in this subsection
(d), one year of imprisonment shall be added to the
sentence imposed by the court.
(e) It shall be an affirmative defense to subsection (b),
that the possession was specifically authorized by rule,
regulation, or directive of the governing authority of the
penal institution or order issued under it.
(f) It shall be an affirmative defense to subsection
(a)(1) and subsection (b) that the person bringing into or
possessing contraband in a penal institution had been
arrested, and that person possessed the contraband at the time
of his or her arrest, and that the contraband was brought into
or possessed in the penal institution by that person as a
direct and immediate result of his or her arrest.
(g) Items confiscated may be retained for use by the

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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. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
(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 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 this authority:
(1) brings or attempts to bring an item of contraband
into a penal institution, or
(2) causes or permits another to bring an item of
contraband into a penal institution.
(b) A person commits 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 this authority possesses an
item of contraband in a penal institution, regardless of the
intent with which he or she possesses it.
(c) A person commits unauthorized delivery of contraband
in a penal institution by an employee when a person who is an

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employee knowingly and without authority of any person
designated or authorized to grant this 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 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) Sentence.
(1) 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

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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 a hypodermic syringe is a Class X felony. A
violation of paragraph (a) or (b) involving a weapon, tool
to defeat security mechanisms, cutting tool, or electronic
contraband is a Class 1 felony. A violation of paragraph
(a) or (b) involving a firearm, firearm ammunition, or
explosive is a Class X felony.
(2) 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 a hypodermic syringe
is a Class X felony for which the minimum term of
imprisonment shall be 8 years. A violation of paragraph
(c) involving a weapon, tool to defeat security

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mechanisms, cutting tool, or electronic contraband is a
Class X felony for which the minimum term of imprisonment
shall be 10 years. A violation of paragraph (c) involving
a firearm, firearm ammunition, or explosive is a Class X
felony for which the minimum term of imprisonment shall be
12 years.
(3) If a person violates this Section by use of an
unmanned aerial vehicle, in addition to any other penalty
provided in this subsection (e), one year of imprisonment
shall be added to the sentence imposed by the court.
(f) 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.
(g) For a violation of subsection (a) or (b) involving
alcoholic liquor, a weapon, firearm, firearm ammunition, tool
to defeat security mechanisms, cutting tool, or electronic
contraband, the 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. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;
96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff.
1-1-13.)
(720 ILCS 5/31A-1.3 new)

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Sec. 31A-1.3. Operating an unmanned aerial vehicle below
the navigable airspace overlying a State penal institution.
(a) Except as provided in subsection (b) of this Section,
a person commits operating an unmanned aerial vehicle below
the navigable airspace overlying a State penal institution
when he or she knowingly and intentionally operates an
unmanned aerial vehicle below the navigable airspace, as
defined in 49 U.S.C. 40102, overlying a State penal
institution.
(b) This Section does not apply to an employee who
operates the unmanned aerial vehicle within the scope of his
or her employment, or a person who receives prior permission
from the penal institution to operate the unmanned aerial
vehicle.
(c) Sentence. A violation of this Section is a Class A
misdemeanor.
(720 ILCS 5/31A-1.4 new)
Sec. 31A-1.4. Capturing images or data of a State penal
institution through the operation of an unmanned aerial
vehicle.
(a) Except as provided in subsection (b) of this Section,
a person commits capturing images or data of a State penal
institution through the operation of an unmanned aerial
vehicle when he or she knowingly and intentionally captures
images or data of a State penal institution through the

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