94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1107

 

Introduced 02/08/05, by Rep. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-1   from Ch. 38, par. 26-1

    Amends the Criminal Code of 1961. Provides that a person commits disorderly conduct when he or she knowingly possess while on, brings onto, or causes to be brought onto school property, a device manufactured and designed to be substantially similar in appearance to a firearm without the consent of the chief security officer for such school property.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 26-1 as follows:
 
6     (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
7     Sec. 26-1. Elements of the Offense.
8     (a) A person commits disorderly conduct when he knowingly:
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
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
17         (3) Transmits or causes to be transmitted in any manner
18     to another a false alarm to the effect that a bomb or other
19     explosive of any nature or a container holding poison gas,
20     a deadly biological or chemical contaminant, or
21     radioactive substance is concealed in such place that its
22     explosion or release would endanger human life, knowing at
23     the time of such transmission that there is no reasonable
24     ground for believing that such bomb, explosive or a
25     container holding poison gas, a deadly biological or
26     chemical contaminant, or radioactive substance is
27     concealed in such place; or
28         (4) Transmits or causes to be transmitted in any manner
29     to any peace officer, public officer or public employee a
30     report to the effect that an offense will be committed, is
31     being committed, or has been committed, knowing at the time
32     of such transmission that there is no reasonable ground for

 

 

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1     believing that such an offense will be committed, is being
2     committed, or has been committed; or
3         (5) Enters upon the property of another and for a lewd
4     or unlawful purpose deliberately looks into a dwelling on
5     the property through any window or other opening in it; or
6         (6) While acting as a collection agency as defined in
7     the "Collection Agency Act" or as an employee of such
8     collection agency, and while attempting to collect an
9     alleged debt, makes a telephone call to the alleged debtor
10     which is designed to harass, annoy or intimidate the
11     alleged debtor; or
12         (7) Transmits or causes to be transmitted a false
13     report to the Department of Children and Family Services
14     under Section 4 of the "Abused and Neglected Child
15     Reporting Act"; or
16         (8) Transmits or causes to be transmitted a false
17     report to the Department of Public Health under the Nursing
18     Home Care Act; or
19         (9) Transmits or causes to be transmitted in any manner
20     to the police department or fire department of any
21     municipality or fire protection district, or any privately
22     owned and operated ambulance service, a false request for
23     an ambulance, emergency medical technician-ambulance or
24     emergency medical technician-paramedic knowing at the time
25     there is no reasonable ground for believing that such
26     assistance is required; or
27         (10) Transmits or causes to be transmitted a false
28     report under Article II of "An Act in relation to victims
29     of violence and abuse", approved September 16, 1984, as
30     amended; or
31         (11) Transmits or causes to be transmitted a false
32     report to any public safety agency without the reasonable
33     grounds necessary to believe that transmitting such a
34     report is necessary for the safety and welfare of the
35     public; or
36         (12) Calls the number "911" for the purpose of making

 

 

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1     or 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
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; or .
7         (13) Possess while on, brings onto, or causes to be
8     brought onto school property, a device manufactured and
9     designed to be substantially similar in appearance to a
10     firearm without the consent of the chief security officer
11     for such school property. For the purposes of this Section,
12     "school property" includes any conveyance owned, leased,
13     or contracted by a school to transport students to a school
14     or a school related activity.
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), or (a)(13) of this Section is a
18 Class A misdemeanor. A violation of subsection (a)(8) or
19 (a)(10) of this Section is a Class B misdemeanor. A violation
20 of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section
21 is 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.
25     A violation of subsection (a)(6) of this Section is a
26 Business Offense and shall be punished by a fine not to exceed
27 $3,000. A second or subsequent violation of subsection (a)(7),
28 (a)(11), or (a)(12) of this Section is a Class 4 felony. A
29 third or subsequent violation of subsection (a)(5) of this
30 Section is a Class 4 felony.
31     (c) In addition to any other sentence that may be imposed,
32 a court shall order any person convicted of disorderly conduct
33 to perform community service for not less than 30 and not more
34 than 120 hours, if community service is available in the
35 jurisdiction and is funded and approved by the county board of
36 the county where the offense was committed. In addition,

 

 

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1 whenever any person is placed on supervision for an alleged
2 offense under this Section, the supervision shall be
3 conditioned upon the performance of the community service.
4     This subsection does not apply when the court imposes a
5 sentence of incarceration.
6 (Source: P.A. 92-16, eff. 6-28-01; 92-502, eff. 12-19-01;
7 93-431, eff. 8-5-03.)