104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4003 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 720 ILCS 5/31A-0.1720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2720 ILCS 5/31A-1.3 new720 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". LRB104 12509 RLC 22910 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4003 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 720 ILCS 5/31A-0.1720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2720 ILCS 5/31A-1.3 new720 ILCS 5/31A-1.4 new 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". LRB104 12509 RLC 22910 b LRB104 12509 RLC 22910 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4003 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
720 ILCS 5/31A-0.1720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2720 ILCS 5/31A-1.3 new720 ILCS 5/31A-1.4 new 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
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".
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LRB104 12509 RLC 22910 b
A BILL FOR
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HB4003 LRB104 12509 RLC 22910 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. The Criminal Code of 2012 is amended by
5 changing Sections 31A-0.1, 31A-1.1, and 31A-1.2 and by adding
6 Sections 31A-1.3 and 31A-1.4 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.
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4003 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
720 ILCS 5/31A-0.1720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2720 ILCS 5/31A-1.3 new720 ILCS 5/31A-1.4 new 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
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".
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LRB104 12509 RLC 22910 b
A BILL FOR
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
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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) any device which is powered by electrical
5 charging units, such as batteries, and which fires one
6 or several barbs attached to a length of wire and
7 which, upon hitting a human, can send out current
8 capable of disrupting the person's nervous system in
9 such a manner as to render him or her incapable of
10 normal functioning, commonly referred to as a stun gun
11 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,
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 "State penal institution" means a facility or institution
16 of the Department of Corrections.
17 "Unmanned aerial vehicle" means an unmanned aircraft or
18 drone and its associated elements, including, but not limited
19 to, communication links and the components that control the
20 unmanned aircraft that are required for the pilot in command
21 to operate safely and efficiently in the national airspace
22 system.
23 (Source: P.A. 101-652, eff. 1-1-23.)
24 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
25 Sec. 31A-1.1. Bringing Contraband into a Penal
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1 Institution; Possessing Contraband in a Penal Institution.
2 (a) A person commits bringing contraband into a penal
3 institution when he or she knowingly and without authority of
4 any person designated or authorized to grant this authority
5 (1) brings an item of contraband into a penal institution or
6 (2) causes another to bring an item of contraband into a penal
7 institution or (3) places an item of contraband in such
8 proximity to a penal institution as to give an inmate access to
9 the contraband.
10 (b) A person commits possessing contraband in a penal
11 institution when he or she knowingly possesses contraband in a
12 penal institution, regardless of the intent with which he or
13 she possesses it.
14 (c) (Blank).
15 (d) Sentence.
16 (1) Bringing into or possessing alcoholic liquor in a
17 penal institution is a Class 4 felony.
18 (2) Bringing into or possessing cannabis in a penal
19 institution is a Class 3 felony.
20 (3) Bringing into or possessing any amount of a
21 controlled substance classified in Schedules III, IV or V
22 of Article II of the Illinois Controlled Substances Act in
23 a penal institution is a Class 2 felony.
24 (4) Bringing into or possessing any amount of a
25 controlled substance classified in Schedules I or II of
26 Article II of the Illinois Controlled Substances Act in a
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1 penal institution is a Class 1 felony.
2 (5) Bringing into or possessing a hypodermic syringe
3 in a penal institution is a Class 1 felony.
4 (6) Bringing into or possessing a weapon, tool to
5 defeat security mechanisms, cutting tool, or electronic
6 contraband in a penal institution is a Class 1 felony.
7 (7) Bringing into or possessing a firearm, firearm
8 ammunition, or explosive in a penal institution is a Class
9 X felony.
10 (8) If a person commits bringing contraband into a
11 penal institution by use of an unmanned aerial vehicle, in
12 addition to any other penalty provided in this subsection
13 (d), one year of imprisonment shall be added to the
14 sentence imposed by the court.
15 (e) It shall be an affirmative defense to subsection (b),
16 that the possession was specifically authorized by rule,
17 regulation, or directive of the governing authority of the
18 penal institution or order issued under it.
19 (f) It shall be an affirmative defense to subsection
20 (a)(1) and subsection (b) that the person bringing into or
21 possessing contraband in a penal institution had been
22 arrested, and that person possessed the contraband at the time
23 of his or her arrest, and that the contraband was brought into
24 or possessed in the penal institution by that person as a
25 direct and immediate result of his or her arrest.
26 (g) Items confiscated may be retained for use by the
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1 Department of Corrections or disposed of as deemed appropriate
2 by the Chief Administrative Officer in accordance with
3 Department rules or disposed of as required by law.
4 (Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
5 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
6 Sec. 31A-1.2. Unauthorized bringing of contraband into a
7 penal institution by an employee; unauthorized possessing of
8 contraband in a penal institution by an employee; unauthorized
9 delivery of contraband in a penal institution by an employee.
10 (a) A person commits unauthorized bringing of contraband
11 into a penal institution by an employee when a person who is an
12 employee knowingly and without authority of any person
13 designated or authorized to grant this authority:
14 (1) brings or attempts to bring an item of contraband
15 into a penal institution, or
16 (2) causes or permits another to bring an item of
17 contraband into a penal institution.
18 (b) A person commits unauthorized possession of contraband
19 in a penal institution by an employee when a person who is an
20 employee knowingly and without authority of any person
21 designated or authorized to grant this authority possesses an
22 item of contraband in a penal institution, regardless of the
23 intent with which he or she possesses it.
24 (c) A person commits unauthorized delivery of contraband
25 in a penal institution by an employee when a person who is an
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1 employee knowingly and without authority of any person
2 designated or authorized to grant this authority:
3 (1) delivers or possesses with intent to deliver an
4 item of contraband to any inmate of a penal institution,
5 or
6 (2) conspires to deliver or solicits the delivery of
7 an item of contraband to any inmate of a penal
8 institution, or
9 (3) causes or permits the delivery of an item of
10 contraband to any inmate of a penal institution, or
11 (4) permits another person to attempt to deliver an
12 item of contraband to any inmate of a penal institution.
13 (d) For a violation of subsection (a) or (b) involving a
14 cellular telephone or cellular telephone battery, the
15 defendant must intend to provide the cellular telephone or
16 cellular telephone battery to any inmate in a penal
17 institution, or to use the cellular telephone or cellular
18 telephone battery at the direction of an inmate or for the
19 benefit of any inmate of a penal institution.
20 (e) Sentence.
21 (1) A violation of paragraphs (a) or (b) of this
22 Section involving alcohol is a Class 4 felony. A violation
23 of paragraph (a) or (b) of this Section involving cannabis
24 is a Class 2 felony. A violation of paragraph (a) or (b)
25 involving any amount of a controlled substance classified
26 in Schedules III, IV or V of Article II of the Illinois
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1 Controlled Substances Act is a Class 1 felony. A violation
2 of paragraph (a) or (b) of this Section involving any
3 amount of a controlled substance classified in Schedules I
4 or II of Article II of the Illinois Controlled Substances
5 Act is a Class X felony. A violation of paragraph (a) or
6 (b) involving a hypodermic syringe is a Class X felony. A
7 violation of paragraph (a) or (b) involving a weapon, tool
8 to defeat security mechanisms, cutting tool, or electronic
9 contraband is a Class 1 felony. A violation of paragraph
10 (a) or (b) involving a firearm, firearm ammunition, or
11 explosive is a Class X felony.
12 (2) A violation of paragraph (c) of this Section
13 involving alcoholic liquor is a Class 3 felony. A
14 violation of paragraph (c) involving cannabis is a Class 1
15 felony. A violation of paragraph (c) involving any amount
16 of a controlled substance classified in Schedules III, IV
17 or V of Article II of the Illinois Controlled Substances
18 Act is a Class X felony. A violation of paragraph (c)
19 involving any amount of a controlled substance classified
20 in Schedules I or II of Article II of the Illinois
21 Controlled Substances Act is a Class X felony for which
22 the minimum term of imprisonment shall be 8 years. A
23 violation of paragraph (c) involving a hypodermic syringe
24 is a Class X felony for which the minimum term of
25 imprisonment shall be 8 years. A violation of paragraph
26 (c) involving a weapon, tool to defeat security
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1 mechanisms, cutting tool, or electronic contraband is a
2 Class X felony for which the minimum term of imprisonment
3 shall be 10 years. A violation of paragraph (c) involving
4 a firearm, firearm ammunition, or explosive is a Class X
5 felony for which the minimum term of imprisonment shall be
6 12 years.
7 (3) If a person violates this Section by use of an
8 unmanned aerial vehicle, in addition to any other penalty
9 provided in this subsection (e), one year of imprisonment
10 shall be added to the sentence imposed by the court.
11 (f) Items confiscated may be retained for use by the
12 Department of Corrections or disposed of as deemed appropriate
13 by the Chief Administrative Officer in accordance with
14 Department rules or disposed of as required by law.
15 (g) For a violation of subsection (a) or (b) involving
16 alcoholic liquor, a weapon, firearm, firearm ammunition, tool
17 to defeat security mechanisms, cutting tool, or electronic
18 contraband, the items shall not be considered to be in a penal
19 institution when they are secured in an employee's locked,
20 private motor vehicle parked on the grounds of a penal
21 institution.
22 (Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;
23 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff.
24 1-1-13.)
25 (720 ILCS 5/31A-1.3 new)
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1 Sec. 31A-1.3. Operating an unmanned aerial vehicle below
2 the navigable airspace overlying a State penal institution.
3 (a) Except as provided in subsection (b) of this Section,
4 a person commits operating an unmanned aerial vehicle below
5 the navigable airspace overlying a State penal institution
6 when he or she knowingly and intentionally operates an
7 unmanned aerial vehicle below the navigable airspace, as
8 defined in 49 U.S.C. 40102, overlying a State penal
9 institution.
10 (b) This Section does not apply to an employee who
11 operates the unmanned aerial vehicle within the scope of his
12 or her employment, or a person who receives prior permission
13 from the penal institution to operate the unmanned aerial
14 vehicle.
15 (c) Sentence. A violation of this Section is a Class A
16 misdemeanor.
17 (720 ILCS 5/31A-1.4 new)
18 Sec. 31A-1.4. Capturing images or data of a State penal
19 institution through the operation of an unmanned aerial
20 vehicle.
21 (a) Except as provided in subsection (b) of this Section,
22 a person commits capturing images or data of a State penal
23 institution through the operation of an unmanned aerial
24 vehicle when he or she knowingly and intentionally captures
25 images or data of a State penal institution through the
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1 operation of an unmanned aerial vehicle.
2 (b) This Section does not apply to an employee who
3 captures images or data of a State penal institution through
4 the operation of an unmanned aerial vehicle within the scope
5 of his or her employment, or a person who receives prior
6 permission from the penal institution to capture images or
7 data of a State penal institution through the operation of an
8 unmanned aerial vehicle.
9 (c) Sentence. A violation of this Section is a Class 4
10 felony.
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