Rep. Edward J. Acevedo
Filed: 5/22/2008
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1 | AMENDMENT TO HOUSE BILL 2759
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2 | AMENDMENT NO. ______. Amend House Bill 2759 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 26-1 as follows:
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6 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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7 | Sec. 26-1. Elements of the Offense.
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8 | (a) A person commits disorderly conduct when he knowingly:
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9 | (1) Does any act in such unreasonable manner as to | ||||||
10 | alarm or disturb
another and to provoke a breach of the | ||||||
11 | peace; or
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12 | (2) Transmits or causes to be transmitted in any manner | ||||||
13 | to the fire
department of any city,
town, village or fire | ||||||
14 | protection district a false alarm of fire, knowing
at the | ||||||
15 | time of such transmission that there is no reasonable | ||||||
16 | ground for
believing that such fire exists; or
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1 | (3) Transmits or causes to be transmitted in any manner | ||||||
2 | to another a
false alarm to the effect that a bomb or other | ||||||
3 | explosive of any nature or a
container holding poison gas, | ||||||
4 | a deadly biological or chemical contaminant, or
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5 | radioactive substance is concealed in such place that its | ||||||
6 | explosion or release
would endanger human life, knowing at | ||||||
7 | the time of such transmission that there
is no reasonable | ||||||
8 | ground for believing that such bomb, explosive or a | ||||||
9 | container
holding poison gas, a deadly biological or | ||||||
10 | chemical contaminant, or radioactive
substance is | ||||||
11 | concealed in such place; or
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12 | (3.5) Transmits or causes to be transmitted in any | ||||||
13 | manner to another that the person or another person is | ||||||
14 | going to bring a firearm to school to shoot or otherwise | ||||||
15 | discharge the firearm at the school; it shall not be a | ||||||
16 | violation of this paragraph (3.5) if the person | ||||||
17 | transmitting the information does so with the intent to | ||||||
18 | report it to authorities in order to prevent an incident; | ||||||
19 | or
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20 | (4) Transmits or causes to be transmitted in any manner | ||||||
21 | to any peace
officer, public officer or public employee a | ||||||
22 | report to the effect that an
offense will be committed, is | ||||||
23 | being committed, or has been committed, knowing
at the time | ||||||
24 | of such transmission that there is no reasonable ground for
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25 | believing that such an offense will be committed, is being | ||||||
26 | committed, or has
been committed; or
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1 | (5) Enters upon the property of another and for a lewd | ||||||
2 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
3 | the property through any
window or other opening in it; or
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4 | (6) While acting as a collection agency as defined in | ||||||
5 | the
"Collection Agency Act" or as an employee of such | ||||||
6 | collection agency, and
while attempting to collect an | ||||||
7 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
8 | which is designed to harass, annoy or intimidate the
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9 | alleged debtor; or
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10 | (7) Transmits or causes to be transmitted a false | ||||||
11 | report to the
Department of Children and Family Services | ||||||
12 | under Section 4 of the "Abused and
Neglected Child | ||||||
13 | Reporting Act"; or
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14 | (8) Transmits or causes to be transmitted a false | ||||||
15 | report to the
Department of Public Health under the Nursing | ||||||
16 | Home Care Act; or
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17 | (9) Transmits or causes to be transmitted in any manner | ||||||
18 | to the police
department or fire department of any | ||||||
19 | municipality or fire protection district,
or any privately | ||||||
20 | owned and operated ambulance service, a false request for | ||||||
21 | an
ambulance, emergency medical technician-ambulance or | ||||||
22 | emergency medical
technician-paramedic knowing at the time | ||||||
23 | there is no reasonable ground for
believing that such | ||||||
24 | assistance is required; or
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25 | (10) Transmits or causes to be transmitted a false | ||||||
26 | report under
Article II of "An Act in relation to victims |
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1 | of violence and abuse",
approved September 16, 1984, as | ||||||
2 | amended; or
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3 | (11) Transmits or causes to be transmitted a false | ||||||
4 | report to any public
safety agency without the reasonable | ||||||
5 | grounds necessary to believe that
transmitting such a | ||||||
6 | report is necessary for the safety and welfare of the
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7 | public; or
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8 | (12) Calls the number "911" for the purpose of making | ||||||
9 | or transmitting a
false alarm or complaint and reporting | ||||||
10 | information when, at the time the call
or transmission is | ||||||
11 | made, the person knows there is no reasonable ground for
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12 | making the call or transmission and further knows that the | ||||||
13 | call or transmission
could result in the emergency response | ||||||
14 | of any public safety agency.
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15 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
16 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
17 | (a)(5), (a)(11),
or (a)(12) of this Section is a Class A | ||||||
18 | misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | ||||||
19 | this Section is a Class B misdemeanor. A violation of
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20 | subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is | ||||||
21 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
22 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
23 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
24 | to any other penalty imposed. A
violation of subsection (a)(3) | ||||||
25 | of this Section is a Class 2 felony if the place referred to is | ||||||
26 | a school. A violation of subsection (a)(3.5) of this Section is |
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1 | a Class 2 felony.
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2 | A violation of subsection (a)(6) of this Section is a | ||||||
3 | Business Offense and
shall be punished by a fine not to exceed | ||||||
4 | $3,000. A second or subsequent
violation of subsection (a)(7), | ||||||
5 | (a)(11), or (a)(12) of this Section is a Class
4 felony. A | ||||||
6 | third or subsequent violation of subsection (a)(5) of this | ||||||
7 | Section
is a Class 4 felony.
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8 | (c) In addition to any other sentence that may be imposed, | ||||||
9 | a court shall
order any person convicted of disorderly conduct | ||||||
10 | to perform community service
for not less than 30 and not more | ||||||
11 | than 120 hours, if community service is
available in the | ||||||
12 | jurisdiction and is funded and approved by the county board of
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13 | the county where the offense was committed. In addition, | ||||||
14 | whenever any person
is placed on supervision for an alleged | ||||||
15 | offense under this Section, the
supervision shall be | ||||||
16 | conditioned upon the performance of the community service.
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17 | This subsection does not apply when the court imposes a | ||||||
18 | sentence of
incarceration.
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19 | (d) If a person commits either: (1) a violation of | ||||||
20 | subsection (a)(3) of this Section if the threat is to place a | ||||||
21 | bomb or other explosive of any nature or a
container holding | ||||||
22 | poison gas, a deadly biological or chemical contaminant, or
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23 | radioactive substance at a school or (2) a violation of | ||||||
24 | subsection (a)(3.5) of this Section and in the case of either | ||||||
25 | (1) or (2) requires an emergency response, the person shall be | ||||||
26 | required to make restitution to all public entities involved in |
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1 | the emergency response, to cover the reasonable cost of their
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2 | participation in the emergency response, including but not | ||||||
3 | limited to regular and overtime costs incurred by local law | ||||||
4 | enforcement agencies, schools, and private contractors paid by | ||||||
5 | the public agencies or schools in securing the school or | ||||||
6 | evacuating the school. The convicted person shall make this | ||||||
7 | restitution in addition to any other fine or penalty required | ||||||
8 | by law as provided in Section 5-5-6 of the Unified Code of | ||||||
9 | Corrections. | ||||||
10 | (e) In this Section, "school" means a public, private, or | ||||||
11 | parochial elementary or secondary school, community college, | ||||||
12 | college, or university and includes the grounds of a school. | ||||||
13 | (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | ||||||
14 | 93-431, eff. 8-5-03.)".
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