|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3904 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
|
| |
If and only if House Bill 3653 of the 101st General Assembly becomes law, amends the Criminal Code of 2012. Removes stun guns and tasers from the definition of "firearm". Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | HB3904 | | LRB102 16933 RLC 22349 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. If and only if House Bill 3653 of the 101st |
| 5 | | General Assembly becomes law, the Criminal Code of 2012 is |
| 6 | | amended 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 |
| 9 | | Article: |
| 10 | | "Deliver" or "delivery" means the actual, constructive or |
| 11 | | attempted
transfer of possession of an item of contraband, |
| 12 | | with or without consideration,
whether or not there is an |
| 13 | | agency relationship. |
| 14 | | "Employee" means any elected or appointed officer, trustee |
| 15 | | or
employee of a penal institution or of the governing |
| 16 | | authority of the penal
institution, or any person who performs |
| 17 | | services for the penal institution
pursuant to contract with |
| 18 | | the 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. |
|
| | HB3904 | - 2 - | LRB102 16933 RLC 22349 b |
|
|
|
| 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 |
|
| | HB3904 | - 3 - | LRB102 16933 RLC 22349 b |
|
|
|
| 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 |
|
| | HB3904 | - 4 - | LRB102 16933 RLC 22349 b |
|
|
|
| 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 |
|
| | HB3904 | - 5 - | LRB102 16933 RLC 22349 b |
|
|
|
| 1 | | equipment. |
| 2 | | "Penal institution" means any penitentiary, State farm,
|
| 3 | | reformatory, prison, jail, house of correction, police |
| 4 | | detention area,
half-way house or other institution or place |
| 5 | | for the incarceration or
custody of persons under sentence for |
| 6 | | offenses awaiting trial or sentence
for offenses, under arrest |
| 7 | | for an offense, a violation of probation, a
violation of |
| 8 | | parole, a violation of aftercare release, or a violation of |
| 9 | | mandatory supervised release, or
awaiting a hearing on the |
| 10 | | setting of conditions of pretrial release or preliminary |
| 11 | | hearing; provided that where
the place for incarceration or |
| 12 | | custody is housed within another public
building this Article |
| 13 | | shall not apply to that part of the building unrelated
to the |
| 14 | | incarceration or custody of persons.
|
| 15 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14; |
| 16 | | 10100HB3653enr.)
|
| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.
|