HB5819 103RD GENERAL ASSEMBLY

LRB103 40310 BDA 72400 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5819

Introduced 4/17/2024, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

430 ILCS 70/2	from Ch. 38, par. 85-2
430 ILCS 70/3	from Ch. 38, par. 85-3
430 ILCS 70/4	from Ch. 38, par. 85-4
430 ILCS 70/5	from Ch. 38, par. 85-5
430 ILCS 70/6	from Ch. 38, par. 85-6
430 ILCS 70/7	from Ch. 38, par. 85-7
430 ILCS 70/8	from Ch. 38, par. 85-8

Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Demonstrations Law is amended by changing Sections 2, 3, 4, 5, 6, 7, and 8 as follows:

(430 ILCS 70/2) (from Ch. 38, par. 85-2)

Sec. 2. Declaration of purpose.

(a) It is declared to be the public policy of this State:

That the maintenance of good order on highways, as defined in Section 2-202 of the "Illinois Highway Code", is a paramount responsibility of democratic government;

That the public health, welfare and safety of the community require that the movement of vehicular traffic on such roadways be lawfully conducted with a minimum of disruption;

That the practice of unhindered or unrestrained picketing or demonstrating on such roadways has caused disruption of police, fire and emergency services, and injury to persons regardless of participation in the march, assembly or demonstration;

That the practice of multiple demonstrations on the same day in different locations in municipalities and unincorporated areas of counties has unreasonably deprived the citizens of the police, fire and emergency services; and

That the provisions herein enacted are necessary for the protection of the health, welfare and safety of the public.

(b) It is further declared to be the public policy of this State:

That the changing technological circumstances since the declaration of purpose in subsection (a), including the use of the internet and smart phones to quickly organize disruptive blockages of the highways, further necessitate the provisions of this Act.

That the obstruction of peace officers, firefighters, and emergency medical services by disruptive blockages of the highways continues to endanger the health, welfare, and safety of the public.

That the provisions in this Act continue to be necessary for the protection of the health, welfare, and safety of the public.

(Source: P.A. 81-840.)

(430 ILCS 70/3) (from Ch. 38, par. 85-3)

Sec. 3. Unlawful action-Parade permit. It is unlawful for any person, group or organization to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways in more than one specific area of or location in, any municipality or the unincorporated area of a county, on any given day, unless it is acting under authority of a duly issued municipal or county parade or demonstration permit if local ordinance or regulation requires a permit, or, if not, with permission of the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates principal law enforcement officer for the area. Only the person, group, or organization responsible for organizing the march, assembly, meeting, parade, or gathering is required to obtain a permit or the permission of the sheriff principal law enforcement officer, which shall be sufficient to encompass all participants. If a march, assembly, meeting, parade, or gathering on roadways involves the act of crossing or traversing over or upon active railroad tracks, the municipal or county authority or sheriff principal law enforcement officer, as part of its permit or permission process, may prohibit any portion of the route that involves the act of crossing or traversing over or upon active railroad tracks. If permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under this Section, it is the responsibility of the sheriff to coordinate with other law enforcement agencies in other jurisdictions as necessary. It is not the responsibility of the requester to make another request.

(Source: P.A. 98-320, eff. 8-12-13.)

(430 ILCS 70/4) (from Ch. 38, par. 85-4)

Sec. 4. Acting with other groups - Size of assemblage. It is unlawful for any group or organization or any individual acting with the group or organization, to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways unless the march, assembly, meeting, parade, or gathering is limited to numbers that, in the opinion of the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates principal law enforcement officer, will not obstruct pedestrian or vehicular traffic in an unreasonable manner. The sheriff principal law enforcement officer shall, within 12 hours of receiving the notice required by Section 5, inform the group or organization as to the limitation on number of persons allowed to participate. If permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under this Section, it is the responsibility of the sheriff to coordinate with other law enforcement agencies in other jurisdictions as necessary. It is not the responsibility of the requester to make another request.

(Source: P.A. 98-320, eff. 8-12-13.)

(430 ILCS 70/5) (from Ch. 38, par. 85-5)

Sec. 5. Notice of assemblage in writing-Contents. It is unlawful for any group or organization to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways unless the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates principal law enforcement officer has been given notice in writing of the location, the maximum number of persons participating, and the names and addresses of the organizers of the march, assembly, meeting, parade, or gathering, its route, and its time of inception and duration at least 24 hours before inception. If permission is requested from or notice is provided to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under this Section, it is the responsibility of the sheriff to coordinate with other law enforcement agencies in other jurisdictions as necessary. It is not the responsibility of the requester to make another request or give another notice. No act of notification to law enforcement is a defense to subsection (b) of Section 8 of this Act.

(Source: P.A. 98-320, eff. 8-12-13.)

(430 ILCS 70/6) (from Ch. 38, par. 85-6)

Sec. 6. Time of holding. It is unlawful for any group, organization, or any individual to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways during peak traffic periods unless authorized by the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates principal law enforcement officer for the area in which the march, assembly, meeting, parade, or gathering is to be held. Peak traffic periods, unless otherwise set by municipal or county authority, are for the purposes of this Act declared to be 7:30 a.m. o'clock to 9:00 a.m. o'clock in the forenoon, and from 4:30 p.m. o'clock to 6:00 p.m. o'clock in the afternoon, Monday through Friday except for State and National holidays. If permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under this Section, it is the responsibility of the sheriff to coordinate with other law enforcement agencies in other jurisdictions as necessary. It is not the responsibility of the requester to make another request. No act or circumstance of scheduling or time is a defense to subsection (b) of Section 8 of this Act.

(Source: P.A. 98-320, eff. 8-12-13.)

(430 ILCS 70/7) (from Ch. 38, par. 85-7)

Sec. 7. Conflict with municipal ordinance; home rule.

(a) Nothing in this Act shall be construed to invalidate or repeal by inference any local or municipal enactment in regard to parades or demonstrations, but if there is an unreconcilable conflict this Act shall prevail as to such portion or portions that are in direct conflict, except as to duly designated peak hours of traffic within its boundaries.

(b) A home rule unit may not regulate public demonstrations in a manner inconsistent with the regulation by the State of public demonstrations under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: Laws 1967, p. 3613.)

(430 ILCS 70/8) (from Ch. 38, par. 85-8)

Sec. 8. Sentence.

(a) Violation of this Act, except as provided in subsection (b), is a Class A misdemeanor.

(b) A person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony.

(c) As used in this Section, "exceptionally busy public right-of-way" means a public right-of-way that, based on statistics gathered by the Illinois Department of Transportation or the Illinois State Toll Highway Authority, under typical conditions carries at least 24,000 separate motor vehicle movements in any 24-hour period.

(Source: P.A. 77-2646.)

Section 99. Effective date. This Act takes effect upon becoming law.