HB0392 100TH GENERAL ASSEMBLY

LRB100 05362 SLF 15373 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0392

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 11-30, 25-1, and 31-1 and by adding Section 2-23 as follows:

(720 ILCS 5/2-23 new)

Sec. 2-23. "Youth center".

"Youth center" means a facility operated by the Department of Juvenile Justice or other juvenile detention facility.

(720 ILCS 5/11-30) (was 720 ILCS 5/11-9)

Sec. 11-30. Public indecency.

(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:

(1) An act of sexual penetration or sexual conduct; or

(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

Breast-feeding of infants is not an act of public indecency.

(b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.

(c) Sentence.

Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. Public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Public indecency is a Class 3 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.

(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)

(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)

Sec. 25-1. Mob action.

(a) A person commits mob action when he or she engages in any of the following:

(1) the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;

(1.5) the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law;

(2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or

(3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

(b) Sentence.

(1) Mob action in violation of paragraph (1) or (1.5) of subsection (a) is a Class 3 4 felony.

(2) Mob action in violation of paragraph paragraphs (2) or and (3) of subsection (a) is a Class C misdemeanor.

(3) A participant in a mob action that by violence inflicts injury to the person or property of another commits a Class 2 4 felony.

(4) A participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony A misdemeanor.

(5) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service. This paragraph does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee.

(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a Class A misdemeanor.

(a-5) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional institution employee to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court. The person shall not be eligible for probation in order to reduce the sentence of imprisonment or community service.

(a-7) A person convicted for a violation of this Section whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 4 felony.

(b) For purposes of this Section, "correctional institution employee" means any person employed to supervise and control inmates incarcerated in a penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.

(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.

(Source: P.A. 98-558, eff. 1-1-14.)