Sen. Bill Cunningham
Filed: 4/11/2018
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1 | AMENDMENT TO SENATE BILL 563
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2 | AMENDMENT NO. ______. Amend Senate Bill 563 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-54-5 as follows: | ||||||
7 | (20 ILCS 2605/2605-54-5 new) | ||||||
8 | Sec. 2605-54-5. Training policy; persons who pose a clear | ||||||
9 | and present danger. The Department shall adopt a policy and | ||||||
10 | provide training to State Police officers concerning persons | ||||||
11 | who are believed to pose a clear and present danger to himself,
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12 | herself, or to others
as defined in Section 1.1 of the Firearm | ||||||
13 | Owners Identification Card Act. The policy and training shall | ||||||
14 | include, but not be limited to, procedures for taking a person | ||||||
15 | who the officer reasonably believes poses a clear and present | ||||||
16 | danger to himself, herself, or to others to a hospital or |
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1 | mental health facility for a mental evaluation by a physician, | ||||||
2 | psychiatrist, clinical psychologist, or qualified examiner. | ||||||
3 | The policy and training shall also include procedures in which | ||||||
4 | the officer may take a person who has made a threat of violence | ||||||
5 | against a school or school event who the officer reasonably | ||||||
6 | believes poses a clear and present danger to himself, herself, | ||||||
7 | or to others to a hospital or mental health facility for a | ||||||
8 | mental evaluation by a physician, psychiatrist, clinical | ||||||
9 | psychologist, or qualified examiner. | ||||||
10 | Section 10. The Illinois Police Training Act is amended by | ||||||
11 | adding Section 10.17-2 as follows: | ||||||
12 | (50 ILCS 705/10.17-2 new) | ||||||
13 | Sec. 10.17-2. Training policy; persons who pose a clear and | ||||||
14 | present danger. The Board shall create a model policy to train | ||||||
15 | law enforcement officers and provide training to law | ||||||
16 | enforcement officers concerning persons who are believed to | ||||||
17 | pose a clear and present danger to himself,
herself, or to | ||||||
18 | others
as defined in Section 1.1 of the Firearm Owners | ||||||
19 | Identification Card Act. The policy and training shall include, | ||||||
20 | but not be limited to, procedures for taking a person who the | ||||||
21 | officer reasonably believes poses a clear and present danger to | ||||||
22 | himself, herself, or to others to a hospital or mental health | ||||||
23 | facility for a mental evaluation by a physician, psychiatrist, | ||||||
24 | clinical psychologist, or qualified examiner. The policy and |
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1 | training shall also include procedures in which the officer may | ||||||
2 | take a person who has made a threat of violence against a | ||||||
3 | school or school event who the officer reasonably believes | ||||||
4 | poses a clear and present danger to himself, herself, or to | ||||||
5 | others to a hospital or mental health facility for a mental | ||||||
6 | evaluation by a physician, psychiatrist, clinical | ||||||
7 | psychologist, or qualified examiner.
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8 | Section 15. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 26-1 as follows:
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10 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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11 | Sec. 26-1. Disorderly conduct.
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12 | (a) A person commits disorderly conduct when he or she | ||||||
13 | knowingly:
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14 | (1) Does any act in such unreasonable manner as to | ||||||
15 | alarm or disturb
another and to provoke a breach of the | ||||||
16 | peace;
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17 | (2) Transmits or causes to be transmitted in any manner | ||||||
18 | to the fire
department of any city,
town, village or fire | ||||||
19 | protection district a false alarm of fire, knowing
at the | ||||||
20 | time of the transmission that there is no reasonable ground | ||||||
21 | for
believing that the fire exists;
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22 | (3) Transmits or causes to be transmitted in any manner | ||||||
23 | to another a
false alarm to the effect that a bomb or other | ||||||
24 | explosive of any nature or a
container holding poison gas, |
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1 | a deadly biological or chemical contaminant, or
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2 | radioactive substance is concealed in a place where its | ||||||
3 | explosion or release
would endanger human life, knowing at | ||||||
4 | the time of the transmission that there
is no reasonable | ||||||
5 | ground for believing that the bomb, explosive or a | ||||||
6 | container
holding poison gas, a deadly biological or | ||||||
7 | chemical contaminant, or radioactive
substance is | ||||||
8 | concealed in the place;
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9 | (3.5) Transmits or causes to be transmitted in any | ||||||
10 | manner a threat of destruction of a school building or | ||||||
11 | school property, or a threat of violence, death, or bodily | ||||||
12 | harm directed against persons at a school, school function, | ||||||
13 | or school event, whether or not school is in session; | ||||||
14 | (4) Transmits or causes to be transmitted in any manner | ||||||
15 | to any peace
officer, public officer or public employee a | ||||||
16 | report to the effect that an
offense will be committed, is | ||||||
17 | being committed, or has been committed, knowing
at the time | ||||||
18 | of the transmission that there is no reasonable ground for
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19 | believing that the offense will be committed, is being | ||||||
20 | committed, or has
been committed;
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21 | (5) Transmits or causes to be transmitted a false | ||||||
22 | report to any public
safety agency without the reasonable | ||||||
23 | grounds necessary to believe that
transmitting the report | ||||||
24 | is necessary for the safety and welfare of the
public; or
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25 | (6) Calls the number "911" or transmits or causes to be | ||||||
26 | transmitted in any manner for the purpose of making or |
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1 | transmitting a
false alarm or complaint and reporting | ||||||
2 | information when, at the time the call
or transmission is | ||||||
3 | made, the person knows there is no reasonable ground for
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4 | making the call or transmission and further knows that the | ||||||
5 | call or transmission
could result in the emergency response | ||||||
6 | of any public safety agency;
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7 | (7) Transmits or causes to be transmitted a false | ||||||
8 | report to the
Department of Children and Family Services | ||||||
9 | under Section 4 of the Abused and
Neglected Child Reporting | ||||||
10 | Act;
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11 | (8) Transmits or causes to be transmitted a false | ||||||
12 | report to the
Department of Public Health under the Nursing | ||||||
13 | Home Care Act, the Specialized Mental Health | ||||||
14 | Rehabilitation Act of 2013, the ID/DD Community Care Act, | ||||||
15 | or the MC/DD Act;
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16 | (9) Transmits or causes to be transmitted in any manner | ||||||
17 | to the police
department or fire department of any | ||||||
18 | municipality or fire protection district,
or any privately | ||||||
19 | owned and operated ambulance service, a false request for | ||||||
20 | an
ambulance, emergency medical technician-ambulance or | ||||||
21 | emergency medical
technician-paramedic knowing at the time | ||||||
22 | there is no reasonable ground for
believing that the | ||||||
23 | assistance is required;
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24 | (10) Transmits or causes to be transmitted a false | ||||||
25 | report under
Article II of Public Act 83-1432;
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26 | (11) Enters upon the property of another and for a lewd |
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1 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
2 | the property through any
window or other opening in it; or
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3 | (12) While acting as a collection agency as defined in | ||||||
4 | the
Collection Agency Act or as an employee of the | ||||||
5 | collection agency, and
while attempting to collect an | ||||||
6 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
7 | which is designed to harass, annoy or intimidate the
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8 | alleged debtor.
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9 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
10 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
11 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
12 | violation of subsection
(a)(8) or (a)(10) of this Section is a | ||||||
13 | Class B misdemeanor. A violation of
subsection (a)(2), | ||||||
14 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
15 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
16 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
17 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
18 | to any other penalty imposed.
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19 | A violation of subsection (a)(12) of this Section is a | ||||||
20 | Business Offense and
shall be punished by a fine not to exceed | ||||||
21 | $3,000. A second or subsequent
violation of subsection (a)(7) | ||||||
22 | or (a)(5) of this Section is a Class
4 felony. A third or | ||||||
23 | subsequent violation of subsection (a)(11) of this Section
is a | ||||||
24 | Class 4 felony.
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25 | (c) In addition to any other sentence that may be imposed, | ||||||
26 | a court shall
order any person convicted of disorderly conduct |
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1 | to perform community service
for not less than 30 and not more | ||||||
2 | than 120 hours, if community service is
available in the | ||||||
3 | jurisdiction and is funded and approved by the county board of
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4 | the county where the offense was committed. In addition, | ||||||
5 | whenever any person
is placed on supervision for an alleged | ||||||
6 | offense under this Section, the
supervision shall be | ||||||
7 | conditioned upon the performance of the community service.
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8 | This subsection does not apply when the court imposes a | ||||||
9 | sentence of
incarceration. | ||||||
10 | (d) In addition to any other sentence that may be imposed, | ||||||
11 | the court shall
order any person convicted of disorderly | ||||||
12 | conduct that requires an emergency response to under paragraph | ||||||
13 | (3) of subsection (a) involving a false alarm of a threat that | ||||||
14 | a bomb or explosive device has been placed in a school to | ||||||
15 | reimburse the unit of government that employs the emergency | ||||||
16 | response officer or officers that were dispatched to the school | ||||||
17 | for the cost of the response search for a bomb or explosive | ||||||
18 | device . | ||||||
19 | (e) In addition to any other sentence that may be imposed, | ||||||
20 | the court shall
order any person convicted of disorderly | ||||||
21 | conduct under paragraph (6) of subsection (a) to reimburse the | ||||||
22 | public agency for the reasonable costs of the emergency | ||||||
23 | response by the public agency up to $10,000. If the court | ||||||
24 | determines that the person convicted of disorderly conduct | ||||||
25 | under paragraph (6) of subsection (a) is indigent, the | ||||||
26 | provisions of this subsection (e) do not apply. |
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1 | (f) For the purposes of this Section, "emergency response" | ||||||
2 | means any condition that results in, or could result in, the | ||||||
3 | response of a public official in an authorized emergency | ||||||
4 | vehicle, any condition that jeopardizes or could jeopardize | ||||||
5 | public safety and results in, or could result in, the | ||||||
6 | evacuation of any area, building, structure, vehicle, or of any | ||||||
7 | other place that any person may enter, or any incident | ||||||
8 | requiring a response by a police officer, a firefighter, a | ||||||
9 | State Fire Marshal employee, or an ambulance. | ||||||
10 | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | ||||||
11 | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) | ||||||
12 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
13 | amended by changing Section 107-6 as follows:
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14 | (725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
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15 | Sec. 107-6. Release by officer of person arrested ; mental | ||||||
16 | health evaluation .
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17 | (a) In this Section, "qualified examiner" has the meaning | ||||||
18 | provided in Section
1-122 of the Mental Health and | ||||||
19 | Developmental Disabilities Code. | ||||||
20 | (b) A peace officer who arrests a person without a warrant | ||||||
21 | is authorized to
release the person without requiring him or | ||||||
22 | her to appear before a court when the
officer is satisfied that | ||||||
23 | there are no grounds for criminal complaint
against the person | ||||||
24 | arrested.
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1 | (c) To assist a peace officer in making the determination | ||||||
2 | to release a person under subsection (b) of this Section or | ||||||
3 | with respect to release of a person after detention by the | ||||||
4 | officer without an arrest, if the officer has reasonable | ||||||
5 | grounds to believe the person made a threat of violence, death, | ||||||
6 | or bodily harm against a person, school, school function, or | ||||||
7 | school event, the officer may seek to obtain a mental health | ||||||
8 | evaluation of the person by a physician,
clinical psychologist, | ||||||
9 | or qualified examiner, whether employed
by the State, by any | ||||||
10 | public or private mental health facility or part of the | ||||||
11 | facility,
or by any public or private medical facility or part | ||||||
12 | of the facility. | ||||||
13 | (Source: Laws 1963, p. 2836.)".
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