HB 1678

Present law prohibits a person from knowingly taking, sending, or otherwise causing to be taken, (i) any weapon, ammunition, or explosive; (ii) any intoxicant, legend drug, controlled substance, or controlled substance analogue; or (iii) any telecommunic ation device into a penal institution where prisoners are held. Possession of these items with unlawful intent and without the express written consent of the chief administrator of such penal institution is also prohibited. This bill generally makes it a Class C felony to knowingly take or send any weapon, ammunition, or explosive into such a penal institution or to possess with unlawful intent a weapon, ammunition, or explosive in such a penal institution. A Class C felon y is punishable by imprisonment of three to 15 years and a fine up to $10,000. However, if such an action results in the death of another person, this bill makes it a Class B felony, which is punishable by imprisonment of eight to 30 years and a fine up to $25,000. This bill generally makes it a Class D felony to knowingly take or send any intoxicant, legend drug, controlled substance, controlled substance analogue, or telecommunications device into a penal institution where prisoners are held. Possession with unl awful intent of any intoxicant, legend drug, controlled substance, or controlled substance analogue without permission is also generally a Class D felony. A Class D felony is punishable by imprisonment of two to 12 years and a fine up to $5,000. However , if such actions result in the death of another person, it is a Class C felony. This bill generally makes it a Class E felony to possess a telecommunication device with unlawful intent and without permission in a penal institution where prisoners are kept. The first violation is punishable only by fine. A second or subsequent viol ation is punishable by a fine of $3,000.