HB3271 102ND GENERAL ASSEMBLY

LRB102 11874 KMF 17210 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3271

Introduced 2/19/2021, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

720 ILCS 5/26.5-0.1
720 ILCS 5/26.5-2

Amends the Criminal Code of 2012. Provides that it is a crime to engage in telephonic solicitation of a person who is 65 years of age or older. Defines "telephonic solicitation".

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 26.5-0.1 and 26.5-2 as follows:

(720 ILCS 5/26.5-0.1)

Sec. 26.5-0.1. Definitions. As used in this Article:

"Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.

"Family or household member" includes 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 share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. 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.

"Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.

"Telephonic solicitation" means any voice or data communication made by a person to a telephonic subscriber for the purpose of: (i) encouraging a sale or rental of or investment in property, consumer goods, or services; (ii) encouraging an extension of credit for property, consumer goods, or services; (iii) obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services, or an extension of credit for such purposes; or (iv) a contribution to a charitable organization.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/26.5-2)

Sec. 26.5-2. Harassment by telephone.

(a) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes:

(1) Making any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend;

(2) Making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number;

(3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;

(4) Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number;

(5) Making a telephone call or knowingly inducing a person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or

(6) Knowingly permitting any telephone under one's control to be used for any of the purposes mentioned herein; or .

(7) Engaging in telephonic solicitation of a person who is 65 years of age or older.

(b) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Article.

(Source: P.A. 97-1108, eff. 1-1-13.)