HB1601 101ST GENERAL ASSEMBLY

LRB101 07101 SLF 52138 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1601

Introduced , by Rep. Monica Bristow

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-0.1
720 ILCS 5/12-6	from Ch. 38, par. 12-6
720 ILCS 5/12-6.2

Amends the Criminal Code of 2012 concerning the offenses of intimidation and aggravated intimidation. Provides that a person also commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to cause the person to falsify, amend, or withdraw a report of his or her abuse. Provides that a person commits aggravated intimidation when he or she commits intimidation by causing a person 60 years of age or older or known to be a person with a disability to falsify, amend, or withdraw a report of his or her abuse. Provides that aggravated intimidation under these circumstances is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years. Defines "abuse" and "person with a disability".

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 12-0.1, 12-6, and 12-6.2 as follows:

(720 ILCS 5/12-0.1)

Sec. 12-0.1. Definitions. In this Article, unless the context clearly requires otherwise:

"Abuse" means causing any physical, mental, or sexual injury to a person, including exploitation of that person's financial resources.

"Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.

"Coach" means a person recognized as a coach by the sanctioning authority that conducts an athletic contest.

"Correctional institution employee" means a person employed by a penal institution.

"Emergency medical services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots.

"Family or household members" include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

"In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.

"Park district employee" means a supervisor, director, instructor, or other person employed by a park district.

"Person with a disability" means a person with a physical disability or mental impairment, resulting from disease, injury, functional disorder, or congenital condition that renders the person incapable of adequately providing for his or her own health and personal care.

"Person with a physical disability" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.

"Private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

"Probation officer" means a person as defined in the Probation and Probation Officers Act.

"Sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.

"Sports venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event.

"Streetgang", "streetgang member", and "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Transit employee" means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire.

"Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.

"Utility worker" means any of the following:

(1) A person employed by a public utility as defined in Section 3-105 of the Public Utilities Act.

(2) An employee of a municipally owned utility.

(3) An employee of a cable television company.

(4) An employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act.

(5) An independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or electric cooperative.

(6) An employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier.

(7) An employee of a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.

(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)

(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)

Sec. 12-6. Intimidation.

(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:

(1) Inflict physical harm on the person threatened or any other person or on property; or

(2) Subject any person to physical confinement or restraint; or

(3) Commit a felony or Class A misdemeanor; or

(4) Accuse any person of an offense; or

(5) Expose any person to hatred, contempt or ridicule; or

(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or

(7) Bring about or continue a strike, boycott or other collective action; or .

(8) Cause a person to falsify, amend, or withdraw a report of his or her abuse.

(b) Sentence.

Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.

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

(720 ILCS 5/12-6.2)

Sec. 12-6.2. Aggravated intimidation.

(a) A person commits aggravated intimidation when he or she commits intimidation and:

(1) the person committed the offense in furtherance of the activities of an organized gang or because of the person's membership in or allegiance to an organized gang; or

(2) the offense is committed with the intent to prevent any person from becoming a community policing volunteer; or

(3) the following conditions are met:

(A) the person knew that the victim was a peace officer, a correctional institution employee, a fireman, a community policing volunteer, or a civilian reporting information regarding a forcible felony to a law enforcement agency; and

(B) the offense was committed:

(i) while the victim was engaged in the execution of his or her official duties; or

(ii) to prevent the victim from performing his or her official duties;

(iii) in retaliation for the victim's performance of his or her official duties;

(iv) by reason of any person's activity as a community policing volunteer; or

(v) because the person reported information regarding a forcible felony to a law enforcement agency.

(a-5) A person commits aggravated intimidation when he or she commits intimidation under paragraph (8) of subsection (a) of Section 12-6 and the person knew that the victim was 60 years of age or older or knew that the person was a person with a disability.

(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2), or (a)(3), or (a-5) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years.

(c) (Blank).

(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; 97-1109, eff. 1-1-13.)