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Public Act 094-0730 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 2-13, 32-5.1, 32-5.2, and 32-5.5 and by adding | ||||
Sections 32-5.1-1 and 32-5.4-1 as follows:
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(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
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Sec. 2-13. "Peace officer". "Peace officer" means any | ||||
person who by
virtue of his office or public
employment is | ||||
vested by law with a duty to maintain public order or to make
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arrests for offenses, whether that duty extends to all offenses | ||||
or is
limited to specific offenses.
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For purposes of Sections concerning unlawful use of | ||||
weapons,
for the purposes of assisting an Illinois peace | ||||
officer in an arrest, or when
the commission of a felony under | ||||
Illinois law is directly observed by the
person, and statutes | ||||
involving the false personation of a peace officer, false | ||||
personation of a peace officer while carrying a deadly weapon, | ||||
and aggravated false personation of a peace officer, then | ||||
officers, agents or employees of the federal government
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commissioned by
federal statute to make arrests for violations | ||||
of federal criminal laws
shall be considered "peace officers" | ||||
under this Code, including, but not
limited to all criminal | ||||
investigators of:
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(1) The United States Department of Justice, The Federal | ||||
Bureau of
Investigation, The Drug Enforcement Agency and The | ||||
Department of
Immigration and Naturalization;
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(2) The United States Department of the Treasury, The | ||||
Secret Service,
The Bureau of Alcohol, Tobacco and Firearms and | ||||
The Customs Service;
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(3) The United States Internal Revenue Service;
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(4) The United States General Services Administration;
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(5) The United States Postal Service; and
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(6) all United States Marshals
Marshalls or Deputy United | ||
States Marshals
Marshalls whose
duties involve the enforcement | ||
of federal criminal laws.
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(Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
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(720 ILCS 5/32-5.1) (from Ch. 38, par. 32-5.1)
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Sec. 32-5.1. False Personation of a Peace Officer. A | ||
person who knowingly and falsely represents himself or herself
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to be a peace
officer of any jurisdiction commits a Class 4 | ||
felony.
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(Source: P.A. 85-741.)
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(720 ILCS 5/32-5.1-1 new)
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Sec. 32-5.1-1. False personation of a peace officer while | ||
carrying a deadly weapon. A person who knowingly and falsely | ||
represents himself or herself to be a peace officer while | ||
carrying a deadly weapon commits a Class 3 felony.
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(720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
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Sec. 32-5.2. Aggravated False Personation of a Peace | ||
Officer. A person who knowingly and falsely
represents himself | ||
or herself to be a peace officer of any
jurisdiction in | ||
attempting or committing a felony commits a Class 2
3 felony.
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(Source: P.A. 85-741.)
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(720 ILCS 5/32-5.4-1 new)
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Sec. 32-5.4-1. False personation of a fire fighter while | ||
carrying a deadly weapon. A person who knowingly and falsely | ||
represents himself or herself to be a fire fighter while | ||
carrying a deadly weapon commits a Class 3 felony. | ||
(720 ILCS 5/32-5.5) | ||
Sec. 32-5.5. Aggravated false personation of a fire | ||
fighter. A person who knowingly and falsely represents himself | ||
or herself to be a fire fighter of any jurisdiction in |
attempting or committing a felony commits a Class 2
3 felony.
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(Source: P.A. 94-323, eff. 1-1-06.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 12-215 as follows:
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(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
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Sec. 12-215. Oscillating, rotating or flashing lights on | ||
motor vehicles. Except as otherwise provided in this Code:
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(a) The use of red or white oscillating, rotating or | ||
flashing lights,
whether lighted or unlighted, is prohibited | ||
except on:
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1. Law enforcement vehicles of State, Federal or
local | ||
authorities;
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2. A vehicle operated by a police officer or county | ||
coroner
and designated or authorized by local authorities, | ||
in writing, as a law
enforcement vehicle; however, such | ||
designation or authorization must
be carried in the | ||
vehicle;
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2.1. A vehicle operated by a fire chief who has | ||
completed an emergency vehicle operation training course | ||
approved by the Office of the State Fire Marshal and | ||
designated or authorized by local authorities, in writing, | ||
as a fire department, fire protection district, or township | ||
fire department vehicle; however, the designation or | ||
authorization must
be carried in the vehicle, and the | ||
lights may be visible or activated only when responding to | ||
a bona fide emergency;
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3. Vehicles of local fire departments and State or | ||
federal
firefighting vehicles;
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4. Vehicles which are designed and used exclusively as | ||
ambulances
or rescue vehicles; furthermore, such lights | ||
shall not be lighted except
when responding to an emergency | ||
call for and while actually conveying the
sick or injured;
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5. Tow trucks licensed in a state that requires such | ||
lights;
furthermore, such lights shall not be lighted on |
any such tow truck while the
tow truck is
operating in the | ||
State of Illinois;
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6. Vehicles of the Illinois Emergency Management | ||
Agency, vehicles of the Illinois Department of Public | ||
Health, and vehicles of
the
Department of Nuclear Safety;
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7. Vehicles operated by a local or county emergency | ||
management
services agency as defined in the Illinois | ||
Emergency
Management Agency Act;
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8. School buses operating alternately flashing head | ||
lamps as permitted
under Section 12-805 of this Code; and
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9. Vehicles that are equipped and used exclusively as | ||
organ transplant
vehicles when used in combination with | ||
blue oscillating, rotating, or flashing
lights; | ||
furthermore, these lights shall be lighted only when the | ||
transportation
is declared an emergency by a member of the | ||
transplant team or a representative
of the organ | ||
procurement organization. | ||
(b) The use of amber oscillating, rotating or flashing | ||
lights, whether
lighted or unlighted, is prohibited except on:
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1. Second division vehicles designed and used for | ||
towing or hoisting
vehicles; furthermore, such lights | ||
shall not be lighted except as
required in
this paragraph | ||
1; such lights shall be lighted
when such vehicles are | ||
actually being
used at the scene of an accident or
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disablement; if the towing vehicle is equipped with a flat | ||
bed that
supports all wheels of the vehicle being | ||
transported, the lights shall not be
lighted while the | ||
vehicle is engaged in towing on a highway; if the towing
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vehicle is not equipped with a flat bed that supports all | ||
wheels of a vehicle
being transported, the lights shall be | ||
lighted while the
towing
vehicle is engaged in towing on a | ||
highway during all
times when the use
of headlights is | ||
required under Section 12-201 of this Code;
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2. Motor vehicles or equipment of the State of | ||
Illinois, local authorities
and contractors; furthermore, | ||
such lights shall not be lighted except while
such vehicles |
are engaged in maintenance or construction operations | ||
within
the limits of construction projects;
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3. Vehicles or equipment used by engineering or survey | ||
crews;
furthermore, such lights shall not be lighted except | ||
while such vehicles
are actually engaged in work on a | ||
highway;
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4. Vehicles of public utilities, municipalities, or | ||
other
construction, maintenance or automotive service | ||
vehicles except that such
lights shall be lighted only as a | ||
means for indicating the presence of a
vehicular traffic | ||
hazard requiring unusual care in approaching, overtaking
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or passing while such vehicles are engaged in maintenance, | ||
service or
construction on a highway;
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5. Oversized vehicle or load; however, such lights | ||
shall only be lighted
when moving under permit issued by | ||
the Department under Section 15-301
of this Code;
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6. The front and rear of motorized equipment owned and | ||
operated by the
State of Illinois or any political | ||
subdivision thereof, which is designed
and used for removal | ||
of snow and ice from highways;
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(6.1) The front and rear of motorized equipment or | ||
vehicles that (i) are not owned by the State of Illinois or | ||
any political subdivision of the State, (ii) are designed | ||
and used for removal of snow and ice from highways and | ||
parking lots, and (iii) are equipped with a snow plow that | ||
is 12 feet in width; these lights may not be lighted except | ||
when the motorized equipment or vehicle is actually being | ||
used for those purposes on behalf of a unit of government;
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7. Fleet safety vehicles registered in another state, | ||
furthermore, such
lights shall not be lighted except as | ||
provided for in Section 12-212 of
this Code;
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8. Such other vehicles as may be authorized by local | ||
authorities;
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9. Law enforcement vehicles of State or local | ||
authorities when used in
combination with red oscillating, | ||
rotating or flashing lights;
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9.5. Propane delivery trucks;
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10. Vehicles used for collecting or delivering mail for | ||
the
United States Postal Service provided that such lights | ||
shall not be lighted
except when such vehicles are actually | ||
being used for such purposes;
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11. Any vehicle displaying a slow-moving vehicle | ||
emblem as
provided in Section 12-205.1;
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12. All trucks equipped with self-compactors or | ||
roll-off hoists and
roll-on containers for garbage or | ||
refuse hauling. Such lights shall not be
lighted except | ||
when such vehicles are actually being used for such | ||
purposes;
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13. Vehicles used by a security company, alarm | ||
responder, or control
agency;
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14. Security vehicles of the Department of Human | ||
Services; however, the
lights shall not be lighted except | ||
when being used for security related
purposes under the | ||
direction of the superintendent of the facility where the
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vehicle is located; and
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15. Vehicles of union representatives, except that the | ||
lights shall be
lighted only while the vehicle is within | ||
the limits of a construction
project.
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(c) The use of blue oscillating, rotating or flashing | ||
lights, whether
lighted or unlighted, is prohibited except on:
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1. Rescue squad vehicles not owned by a fire department | ||
and
vehicles owned or operated by a:
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voluntary firefighter;
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paid firefighter;
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part-paid firefighter;
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call firefighter;
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member of the board of trustees of a fire | ||
protection district;
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paid or unpaid member of a rescue squad;
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paid or unpaid member of a voluntary ambulance | ||
unit; or
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paid or unpaid members of a local or county |
emergency management
services agency as defined in the | ||
Illinois Emergency Management Agency Act,
designated | ||
or authorized by local authorities, in writing, and | ||
carrying that
designation or authorization in the | ||
vehicle.
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However, such lights are not to be lighted except when | ||
responding to a
bona fide emergency.
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Any person using these lights in accordance with this | ||
subdivision (c)1 must carry on his or her person an | ||
identification card or letter identifying the bona fide | ||
member of a fire department, fire protection district, | ||
rescue squad, ambulance unit, or emergency management | ||
services agency that owns or operates that vehicle. The | ||
card or letter must include: | ||
(A) the name of the fire department, fire | ||
protection district, rescue squad, ambulance unit, or | ||
emergency management services agency; | ||
(B) the member's position within the fire | ||
department, fire protection district, rescue squad, | ||
ambulance unit, or emergency management services | ||
agency; | ||
(C) the member's term of service; and | ||
(D) the name of a person within the fire | ||
department, fire protection district, rescue squad, | ||
ambulance unit, or emergency management services | ||
agency to contact to verify the information provided.
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2. Police department vehicles in cities having a | ||
population of 500,000
or more inhabitants.
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3. Law enforcement vehicles of State or local | ||
authorities when used in
combination with red oscillating, | ||
rotating or flashing lights.
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4. Vehicles of local fire departments and State or | ||
federal
firefighting vehicles when used in combination | ||
with red oscillating,
rotating or flashing lights.
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5. Vehicles which are designed and used exclusively as | ||
ambulances or
rescue vehicles when used in combination with |
red oscillating, rotating or
flashing lights; furthermore, | ||
such lights shall not be lighted except when
responding to | ||
an emergency call.
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6. Vehicles that are equipped and used exclusively as | ||
organ transport
vehicles when used in combination with red | ||
oscillating, rotating, or flashing
lights; furthermore, | ||
these lights shall only be lighted when the transportation
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is declared an emergency by a member of the transplant team | ||
or a
representative of the organ procurement organization.
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7. Vehicles of the Illinois Emergency Management | ||
Agency, vehicles of the Illinois Department of Public | ||
Health, and vehicles of
the
Department of Nuclear Safety, | ||
when used in combination with red oscillating,
rotating, or | ||
flashing lights.
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8. Vehicles operated by a local or county emergency | ||
management
services agency as defined in the Illinois | ||
Emergency Management Agency
Act, when used in combination | ||
with red oscillating, rotating, or
flashing lights.
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(c-1) In addition to the blue oscillating, rotating, or | ||
flashing
lights permitted under subsection (c), and | ||
notwithstanding subsection
(a), a vehicle operated by a | ||
voluntary firefighter, a voluntary member
of a rescue squad, or | ||
a member of a voluntary ambulance unit may be
equipped with | ||
flashing white headlights and blue grill lights, which may
be | ||
used only in responding to an emergency call.
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(c-2) In addition to the blue oscillating, rotating, or | ||
flashing
lights permitted under subsection (c), and | ||
notwithstanding subsection (a),
a vehicle operated by a paid or | ||
unpaid member of a local or county
emergency management | ||
services agency as defined in the Illinois Emergency
Management | ||
Agency Act, may be equipped with white oscillating, rotating,
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or flashing lights to be used in combination with blue | ||
oscillating, rotating,
or flashing lights, if authorization by | ||
local authorities is in
writing and carried in the vehicle.
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(d) The use of a combination of amber and white | ||
oscillating, rotating or
flashing lights, whether lighted or |
unlighted, is prohibited except motor
vehicles or equipment of | ||
the State of Illinois, local authorities, contractors,
and | ||
union representatives may be so equipped; furthermore, such | ||
lights shall
not be lighted on vehicles of the State of | ||
Illinois, local authorities, and
contractors except while such | ||
vehicles are engaged in highway maintenance or
construction | ||
operations within the limits of highway construction projects, | ||
and
shall not be lighted on the vehicles of union | ||
representatives except when those
vehicles are within the | ||
limits of a construction project.
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(e) All oscillating, rotating or flashing lights referred | ||
to in this Section
shall be of sufficient intensity, when | ||
illuminated, to be visible at 500
feet in normal sunlight.
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(f) Nothing in this Section shall prohibit a manufacturer | ||
of oscillating,
rotating or flashing lights or his | ||
representative from temporarily mounting
such lights on a | ||
vehicle for demonstration purposes only.
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(g) Any person violating the provisions of subsections (a), | ||
(b), (c) or (d)
of this Section who without lawful authority | ||
stops or detains or attempts
to stop or detain another person | ||
shall be guilty of a Class 2
4 felony.
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(h) Except as provided in subsection (g) above, any person | ||
violating the
provisions of subsections (a) or (c) of this | ||
Section shall be guilty of a
Class A misdemeanor.
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(Source: P.A. 93-181, eff. 1-1-04; 93-725, eff. 1-1-05; 93-794, | ||
eff. 7-22-04; 93-829, eff. 7-28-04; 94-143, eff. 1-1-06; | ||
94-270, eff. 1-1-06; 94-331, eff. 1-1-06; revised 8-19-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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