Full Text of HB0041 95th General Assembly
HB0041 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0041
Introduced 1/19/2007, by Rep. Tom Cross - Sandra M. Pihos - Brent Hassert - JoAnn D. Osmond - Elizabeth Coulson, et al. SYNOPSIS AS INTRODUCED:
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720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
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Amends the Harassing and Obscene Communications Act. Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0041 |
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LRB095 03734 RLC 23761 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Harassing and Obscene Communications Act is | | 5 |
| amended by changing Section 2 as follows:
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| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
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| Sec. 2. Sentence.
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| (a) Except as provided in
subsection (b), a
person who | | 9 |
| violates any of the provisions of
Section 1, 1-1, or 1-2 of | | 10 |
| this Act
is guilty of a Class B misdemeanor.
Except as provided
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| in subsection (b), a second or subsequent
violation of Section | | 12 |
| 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | | 13 |
| the
court
shall impose a minimum of 14 days in
jail or, if | | 14 |
| public or
community service is established in the county in | | 15 |
| which the offender was
convicted, 240 hours of public or | | 16 |
| community service.
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| (b) In any of the following circumstances, a person who | | 18 |
| violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | | 19 |
| a Class 4 felony:
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| (1) The person has 3 or more prior violations in the | | 21 |
| last 10 years of
harassment
by
telephone under Section 1-1 | | 22 |
| of this Act, harassment through electronic
communications | | 23 |
| under Section 1-2 of this Act, or any similar offense of |
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HB0041 |
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LRB095 03734 RLC 23761 b |
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| any
state;
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| (2) The person has previously violated the harassment | | 3 |
| by telephone
provisions of Section 1-1 of this Act or the | | 4 |
| harassment through electronic
communications provisions of | | 5 |
| Section 1-2 of this Act or committed any similar
offense in | | 6 |
| any state with the same victim or a member of the victim's | | 7 |
| family or
household;
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| (3) At the time of the offense, the offender was under | | 9 |
| conditions of bail,
probation, mandatory supervised | | 10 |
| release or was the subject of an order of
protection, in | | 11 |
| this or any other state, prohibiting contact with the | | 12 |
| victim or
any member of the victim's family or household;
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| (4) (Blank)
In the course of the offense, the offender | | 14 |
| threatened to kill the
victim or any member of the victim's | | 15 |
| family or household;
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| (5) The person has been convicted in the last 10 years | | 17 |
| of a forcible
felony
as defined in Section 2-8 of the | | 18 |
| Criminal Code of 1961; or
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| (6) The person violates paragraph (4.1) of Section 1-1 | | 20 |
| or paragraph
(3.1) of subsection (a) of Section 1-2.
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| (c) Any violation of Section 1, 1-1, or 1-2 is a Class 3 | | 22 |
| felony if, in the course of the offense, the offender | | 23 |
| threatened to kill the victim or any member of the victim's | | 24 |
| family or household.
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| (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
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