Illinois General Assembly - Full Text of SB0563
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Full Text of SB0563  100th General Assembly

SB0563eng 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 26-1 as follows:
 
6    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
7    Sec. 26-1. Disorderly conduct.
8    (a) A person commits disorderly conduct when he or she
9knowingly:
10        (1) Does any act in such unreasonable manner as to
11    alarm or disturb another and to provoke a breach of the
12    peace;
13        (2) Transmits or causes to be transmitted in any manner
14    to the fire department of any city, town, village or fire
15    protection district a false alarm of fire, knowing at the
16    time of the transmission that there is no reasonable ground
17    for believing that the fire exists;
18        (3) Transmits or causes to be transmitted in any manner
19    to another a false alarm to the effect that a bomb or other
20    explosive of any nature or a container holding poison gas,
21    a deadly biological or chemical contaminant, or
22    radioactive substance is concealed in a place where its
23    explosion or release would endanger human life, knowing at

 

 

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1    the time of the transmission that there is no reasonable
2    ground for believing that the bomb, explosive or a
3    container holding poison gas, a deadly biological or
4    chemical contaminant, or radioactive substance is
5    concealed in the place;
6        (3.5) Transmits or causes to be transmitted in any
7    manner a threat of destruction of a school building or
8    school property, or a threat of violence, death, or bodily
9    harm directed against persons at a school, school function,
10    or school event, whether or not school is in session;
11        (4) Transmits or causes to be transmitted in any manner
12    to any peace officer, public officer or public employee a
13    report to the effect that an offense will be committed, is
14    being committed, or has been committed, knowing at the time
15    of the transmission that there is no reasonable ground for
16    believing that the offense will be committed, is being
17    committed, or has been committed;
18        (5) Transmits or causes to be transmitted a false
19    report to any public safety agency without the reasonable
20    grounds necessary to believe that transmitting the report
21    is necessary for the safety and welfare of the public; or
22        (6) Calls the number "911" or transmits or causes to be
23    transmitted in any manner for the purpose of making or
24    transmitting a false alarm or complaint and reporting
25    information when, at the time the call or transmission is
26    made, the person knows there is no reasonable ground for

 

 

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1    making the call or transmission and further knows that the
2    call or transmission could result in the emergency response
3    of any public safety agency;
4        (7) Transmits or causes to be transmitted a false
5    report to the Department of Children and Family Services
6    under Section 4 of the Abused and Neglected Child Reporting
7    Act;
8        (8) Transmits or causes to be transmitted a false
9    report to the Department of Public Health under the Nursing
10    Home Care Act, the Specialized Mental Health
11    Rehabilitation Act of 2013, the ID/DD Community Care Act,
12    or the MC/DD Act;
13        (9) Transmits or causes to be transmitted in any manner
14    to the police department or fire department of any
15    municipality or fire protection district, or any privately
16    owned and operated ambulance service, a false request for
17    an ambulance, emergency medical technician-ambulance or
18    emergency medical technician-paramedic knowing at the time
19    there is no reasonable ground for believing that the
20    assistance is required;
21        (10) Transmits or causes to be transmitted a false
22    report under Article II of Public Act 83-1432;
23        (11) Enters upon the property of another and for a lewd
24    or unlawful purpose deliberately looks into a dwelling on
25    the property through any window or other opening in it; or
26        (12) While acting as a collection agency as defined in

 

 

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1    the Collection Agency Act or as an employee of the
2    collection agency, and while attempting to collect an
3    alleged debt, makes a telephone call to the alleged debtor
4    which is designed to harass, annoy or intimidate the
5    alleged debtor.
6    (b) Sentence. A violation of subsection (a)(1) of this
7Section is a Class C misdemeanor. A violation of subsection
8(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
9violation of subsection (a)(8) or (a)(10) of this Section is a
10Class B misdemeanor. A violation of subsection (a)(2),
11(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
12a Class 4 felony. A violation of subsection (a)(3) of this
13Section is a Class 3 felony, for which a fine of not less than
14$3,000 and no more than $10,000 shall be assessed in addition
15to any other penalty imposed.
16    A violation of subsection (a)(12) of this Section is a
17Business Offense and shall be punished by a fine not to exceed
18$3,000. A second or subsequent violation of subsection (a)(7)
19or (a)(5) of this Section is a Class 4 felony. A third or
20subsequent violation of subsection (a)(11) of this Section is a
21Class 4 felony.
22    (c) In addition to any other sentence that may be imposed,
23a court shall order any person convicted of disorderly conduct
24to perform community service for not less than 30 and not more
25than 120 hours, if community service is available in the
26jurisdiction and is funded and approved by the county board of

 

 

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1the county where the offense was committed. In addition,
2whenever any person is placed on supervision for an alleged
3offense under this Section, the supervision shall be
4conditioned upon the performance of the community service.
5    This subsection does not apply when the court imposes a
6sentence of incarceration.
7    (d) In addition to any other sentence that may be imposed,
8the court shall order any person convicted of disorderly
9conduct that requires an emergency response to under paragraph
10(3) of subsection (a) involving a false alarm of a threat that
11a bomb or explosive device has been placed in a school to
12reimburse the unit of government that employs the emergency
13response officer or officers that were dispatched to the school
14for the cost of the response search for a bomb or explosive
15device.
16    (e) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (6) of subsection (a) to reimburse the
19public agency for the reasonable costs of the emergency
20response by the public agency up to $10,000. If the court
21determines that the person convicted of disorderly conduct
22under paragraph (6) of subsection (a) is indigent, the
23provisions of this subsection (e) do not apply.
24    (f) For the purposes of this Section, "emergency response"
25means any condition that results in, or could result in, the
26response of a public official in an authorized emergency

 

 

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1vehicle, any condition that jeopardizes or could jeopardize
2public safety and results in, or could result in, the
3evacuation of any area, building, structure, vehicle, or of any
4other place that any person may enter, or any incident
5requiring a response by a police officer, a firefighter, a
6State Fire Marshal employee, or an ambulance.
7(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
899-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 107-6 as follows:
 
11    (725 ILCS 5/107-6)  (from Ch. 38, par. 107-6)
12    Sec. 107-6. Release by officer of person arrested; mental
13health evaluation.
14    (a) In this Section, "qualified examiner" has the meaning
15provided in Section 1-122 of the Mental Health and
16Developmental Disabilities Code.
17    (b) A peace officer who arrests a person without a warrant
18is authorized to release the person without requiring him or
19her to appear before a court when the officer is satisfied that
20there are no grounds for criminal complaint against the person
21arrested.
22    (c) To assist a peace officer in making the determination
23to release a person under subsection (b) of this Section or
24with respect to release of a person after detention by the

 

 

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1officer without an arrest, if the officer has reasonable
2grounds to believe the person made a threat of violence, death,
3or bodily harm against a person, school, school function, or
4school event, the officer may seek to obtain a mental health
5evaluation of the person by a physician, clinical psychologist,
6or qualified examiner, whether employed by the State, by any
7public or private mental health facility or part of the
8facility, or by any public or private medical facility or part
9of the facility.
10(Source: Laws 1963, p. 2836.)