Rep. Edward J. Acevedo

Filed: 5/22/2008

 

 


 

 


 
09500HB2759ham001 LRB095 00962 RLC 51373 a

1
AMENDMENT TO HOUSE BILL 2759

2     AMENDMENT NO. ______. Amend House Bill 2759 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing 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

 

 

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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
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
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
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
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
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
9     alleged debtor; or
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
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
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
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
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
7     public; or
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
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.
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
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.
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.
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
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.
17     This subsection does not apply when the court imposes a
18 sentence of incarceration.
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
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
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.)".