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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. If and only if House Bill 3653 of the 101st 
5General Assembly becomes law, the Criminal Code of 2012 is 
6amended by changing Section 31A-0.1 as follows:

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

13 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of 
14 this
Code, or any other dangerous weapon or instrument of 
15 like character. 
16  (vi) "Firearm" means any device, by whatever name 
17 known, which is
designed to expel a projectile or 
18 projectiles by the action of an
explosion, expansion of 
19 gas or escape of gas, including but not limited to: 
20   (A) any pneumatic gun, spring gun, or B-B gun 
21 which expels a single
globular projectile not 
22 exceeding .18 inch in diameter; or 
23   (B) any device used exclusively for signaling or 
24 safety and required
as
recommended by the United 
25 States Coast Guard or the Interstate Commerce

26 Commission; or 
 
 
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1   (C) any device used exclusively for the firing of 
2 stud cartridges,
explosive rivets or industrial 
3 ammunition; or 
4   (D) (blank) any device which is powered by 
5 electrical charging units, such as
batteries, and 
6 which fires one or several barbs attached to a length 
7 of
wire and which, upon hitting a human, can send out 
8 current capable of
disrupting the person's nervous 
9 system in such a manner as to render him or her 
10 incapable of normal functioning, commonly referred to 
11 as a stun gun or taser. 
12  (vii) "Firearm ammunition" means any self-contained 
13 cartridge or shotgun
shell, by whatever name known, which 
14 is designed to be used or adaptable to
use in a firearm, 
15 including but not limited to: 
16   (A) any ammunition exclusively designed for use 
17 with a device used
exclusively for signaling or safety 
18 and required or recommended by the
United States Coast 
19 Guard or the Interstate Commerce Commission; or 
20   (B) any ammunition designed exclusively for use 
21 with a stud or rivet
driver or other similar 
22 industrial ammunition. 
23  (viii) "Explosive" means, but is not limited to, bomb, 
24 bombshell,
grenade, bottle or other container containing 
25 an explosive substance of
over one-quarter ounce for like 
26 purposes such as black powder bombs and
Molotov cocktails 
 
 
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1 or artillery projectiles. 
2  (ix) "Tool to defeat security mechanisms" means, but 
3 is not limited to,
handcuff or security restraint key, 
4 tool designed to pick locks, popper, or any device or

5 instrument used to or capable of unlocking or preventing 
6 from locking any handcuff or security restraints, doors to

7 cells, rooms, gates or other areas of the penal 
8 institution. 
9  (x) "Cutting tool" means, but is not limited to, 
10 hacksaw blade,
wirecutter,
or device, instrument or file 
11 capable of cutting through metal. 
12  (xi) "Electronic contraband" for the purposes of 
13 Section 31A-1.1 of this Article means, but is not limited 
14 to, any
electronic, video recording device, computer, or 
15 cellular communications
equipment, including, but not

16 limited to, cellular telephones, cellular telephone 
17 batteries, videotape
recorders, pagers,
computers, and 
18 computer peripheral equipment brought into or possessed in 
19 a
penal institution without the written authorization of 
20 the Chief Administrative
Officer. "Electronic contraband" 
21 for the purposes of Section 31A-1.2 of this Article, 
22 means, but is not limited to, any
electronic, video 
23 recording device, computer, or cellular communications

24 equipment, including, but not
limited to, cellular 
25 telephones, cellular telephone batteries, videotape

26 recorders, pagers,
computers, and computer peripheral 
 
 
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1 equipment. 
2 "Penal institution" means any penitentiary, State farm,

3reformatory, prison, jail, house of correction, police 
4detention area,
half-way house or other institution or place 
5for the incarceration or
custody of persons under sentence for 
6offenses awaiting trial or sentence
for offenses, under arrest 
7for an offense, a violation of probation, a
violation of 
8parole, a violation of aftercare release, or a violation of 
9mandatory supervised release, or
awaiting a hearing on the 
10setting of conditions of pretrial release or preliminary 
11hearing; provided that where
the place for incarceration or 
12custody is housed within another public
building this Article 
13shall not apply to that part of the building unrelated
to the 
14incarceration or custody of persons.

15(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14; 
1610100HB3653enr.)


17 Section 99. Effective date. This Act takes effect upon 
18becoming law.