SB 3503 — CRIM CD-CONTRABAND-PENAL

SB3503 EngrossedEnrolled LRB096 18517 RLC 33898 b AN ACT concerning criminal law.

(1) "Penal institution" means any penitentiary, State SB3503 EngrossedEnrolled - 2 - LRB096 18517 RLC 33898 b 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;

SB3503 EngrossedEnrolled - 3 - LRB096 18517 RLC 33898 b (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.

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 SB3503 EngrossedEnrolled - 4 - LRB096 18517 RLC 33898 b system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.

(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 SB3503 EngrossedEnrolled - 5 - LRB096 18517 RLC 33898 b of the penal institution.

SB3503 EngrossedEnrolled - 6 - LRB096 18517 RLC 33898 b (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.

(l) It shall be an affirmative defense to subsection (a)(1) SB3503 EngrossedEnrolled - 7 - LRB096 18517 RLC 33898 b 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.

SB3503 EngrossedEnrolled - 8 - LRB096 18517 RLC 33898 b (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.

(2) "Employee" means any elected or appointed officer, trustee or employee of a penal institution or of the SB3503 EngrossedEnrolled - 9 - LRB096 18517 RLC 33898 b 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.

Such term includes any of the devices or implements designated in SB3503 EngrossedEnrolled - 10 - LRB096 18517 RLC 33898 b 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.

(vii) "Firearm ammunition" means any SB3503 EngrossedEnrolled - 11 - LRB096 18517 RLC 33898 b 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:

SB3503 EngrossedEnrolled - 12 - LRB096 18517 RLC 33898 b (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.

A violation of paragraph (a) or (b) involving an item of SB3503 EngrossedEnrolled - 13 - LRB096 18517 RLC 33898 b contraband listed in paragraph (v) or (xi) of subsection (d)(4) is a Class 1 felony.

(g) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate SB3503 EngrossedEnrolled - 14 - LRB096 18517 RLC 33898 b by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.