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Rep. Darlene J. Senger
Filed: 3/26/2012
| | 09700HB4642ham004 | | LRB097 13960 RLC 68071 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4642
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4642 on page 8, line |
| 3 | | 13, by replacing "Section 1-2" with "Sections 1-2 and 2"; and
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| 4 | | on page 9, line 18, by inserting after "person" the following: |
| 5 | | "within one week by transmitting any comment, request, |
| 6 | | suggestion, or proposal which is obscene with an intent to |
| 7 | | offend"; and
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| 8 | | on page 11, by inserting immediately below line 3 the |
| 9 | | following:
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| 10 | | "(720 ILCS 135/2) (from Ch. 134, par. 16.5)
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| 11 | | Sec. 2. Sentence.
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| 12 | | (a) Except as provided in
subsection (b), a
person who |
| 13 | | violates any of the provisions of
Section 1, 1-1, or 1-2, other |
| 14 | | than paragraph (4.1) of subsection (a) of Section 1-2, of this |
| 15 | | Act
is guilty of a Class B misdemeanor.
Except as provided
in |
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| 1 | | subsection (b), a violation of paragraph (4.1) of subsection |
| 2 | | (a) of Section 1-2 is a Class A misdemeanor. Except as provided |
| 3 | | in
subsection (b), a second or subsequent
violation of Section |
| 4 | | 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which |
| 5 | | the
court
shall impose a minimum of 14 days in
jail or, if |
| 6 | | public or
community service is established in the county in |
| 7 | | which the offender was
convicted, 240 hours of public or |
| 8 | | community service.
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| 9 | | (b) In any of the following circumstances, a person who |
| 10 | | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of |
| 11 | | a Class 4 felony:
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| 12 | | (1) The person has 3 or more prior violations in the |
| 13 | | last 10 years of
harassment
by
telephone under Section 1-1 |
| 14 | | of this Act, harassment through electronic
communications |
| 15 | | under Section 1-2 of this Act, or any similar offense of |
| 16 | | any
state;
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| 17 | | (2) The person has previously violated the harassment |
| 18 | | by telephone
provisions of Section 1-1 of this Act or the |
| 19 | | harassment through electronic
communications provisions of |
| 20 | | Section 1-2 of this Act or committed any similar
offense in |
| 21 | | any state with the same victim or a member of the victim's |
| 22 | | family or
household;
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| 23 | | (3) At the time of the offense, the offender was under |
| 24 | | conditions of bail,
probation, mandatory supervised |
| 25 | | release or was the subject of an order of
protection, in |
| 26 | | this or any other state, prohibiting contact with the |
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| | 09700HB4642ham004 | - 3 - | LRB097 13960 RLC 68071 a |
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| 1 | | victim or
any member of the victim's family or household;
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| 2 | | (4) In the course of the offense, the offender |
| 3 | | threatened to kill the
victim or any member of the victim's |
| 4 | | family or household;
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| 5 | | (5) The person has been convicted in the last 10 years |
| 6 | | of a forcible
felony
as defined in Section 2-8 of the |
| 7 | | Criminal Code of 1961;
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| 8 | | (6) The person violates paragraph (4.1) of Section 1-1 |
| 9 | | or paragraph
(3.1) of subsection (a) of Section 1-2; or |
| 10 | | (7) The person was at least 18 years of age at the time |
| 11 | | of the commission of the offense and the victim was under |
| 12 | | 18 years of age at the time of the commission of the |
| 13 | | offense.
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| 14 | | (Source: P.A. 95-984, eff. 6-1-09.)".
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