HB4121 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4121

 

Introduced 10/6/2005, by Rep. Daniel J. Burke

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-2   from Ch. 38, par. 17-2

    Amends the Criminal Code of 1961 relating to false personation. Provides that it is unlawful for a person to falsely represent himself or herself as a Purple Heart recipient or to wear a Purple Heart medal that was not awarded to that person by the United States government. Provides that a violation is a petty offense for which the offender shall be fined at least $100 but not exceeding $200.


LRB094 14139 RLC 49038 b

 

 

A BILL FOR

 

HB4121 LRB094 14139 RLC 49038 b

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 17-2 as follows:
 
6     (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
7     Sec. 17-2. False personation; use of title; solicitation;
8 certain entities.
9     (a) A person commits a false personation when he or she
10 falsely represents himself or herself to be a member or
11 representative of any veterans' or public safety personnel
12 organization or a representative of any charitable
13 organization, or when any person exhibits or uses in any manner
14 any decal, badge or insignia of any charitable, public safety
15 personnel, or veterans' organization when not authorized to do
16 so by the charitable, public safety personnel, or veterans'
17 organization. "Public safety personnel organization" has the
18 meaning ascribed to that term in Section 1 of the Solicitation
19 for Charity Act.
20     (a-5) A person commits a false personation when he or she
21 falsely represents himself or herself to be a veteran in
22 seeking employment or public office. In this subsection,
23 "veteran" means a person who has served in the Armed Services
24 or Reserved Forces of the United States.
25     (a-6) A person commits a false personation when he or she
26 falsely represents himself or herself to be a Purple Heart
27 recipient or wears a Purple Heart medal that was not awarded to
28 that person by the United States government.
29     (b) No person shall use the words "Chicago Police,"
30 "Chicago Police Department," "Chicago Patrolman," "Chicago
31 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
32 any other words to the same effect in the title of any

 

 

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1 organization, magazine, or other publication without the
2 express approval of the Chicago Police Board.
3     (b-5) No person shall use the words "Cook County Sheriff's
4 Police" or "Cook County Sheriff" or any other words to the same
5 effect in the title of any organization, magazine, or other
6 publication without the express approval of the office of the
7 Cook County Sheriff's Merit Board. The references to names and
8 titles in this Section may not be construed as authorizing use
9 of the names and titles of other organizations or public safety
10 personnel organizations otherwise prohibited by this Section
11 or the Solicitation for Charity Act.
12     (c) (Blank).
13     (c-1) No person may claim or represent that he or she is
14 acting on behalf of any police department, chief of a police
15 department, fire department, chief of a fire department,
16 sheriff's department, or sheriff when soliciting financial
17 contributions or selling or delivering or offering to sell or
18 deliver any merchandise, goods, services, memberships, or
19 advertisements unless the chief of the police department, fire
20 department, and the corporate or municipal authority thereof,
21 or the sheriff has first entered into a written agreement with
22 the person or with an organization with which the person is
23 affiliated and the agreement permits the activity.
24     (c-2) No person, when soliciting financial contributions
25 or selling or delivering or offering to sell or deliver any
26 merchandise, goods, services, memberships, or advertisements
27 may claim or represent that he or she is representing or acting
28 on behalf of any nongovernmental organization by any name which
29 includes "officer", "peace officer", "police", "law
30 enforcement", "trooper", "sheriff", "deputy", "deputy
31 sheriff", "State police", or any other word or words which
32 would reasonably be understood to imply that the organization
33 is composed of law enforcement personnel unless the person is
34 actually representing or acting on behalf of the
35 nongovernmental organization, and the nongovernmental
36 organization is controlled by and governed by a membership of

 

 

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1 and represents a group or association of active duty peace
2 officers, retired peace officers, or injured peace officers and
3 before commencing the solicitation or the sale or the offers to
4 sell any merchandise, goods, services, memberships, or
5 advertisements, a written contract between the soliciting or
6 selling person and the nongovernmental organization has been
7 entered into.
8     (c-3) No person may solicit financial contributions or sell
9 or deliver or offer to sell or deliver any merchandise, goods,
10 services, memberships, or advertisements on behalf of a police,
11 sheriff, or other law enforcement department unless that person
12 is actually representing or acting on behalf of the department
13 or governmental organization and has entered into a written
14 contract with the police chief, or head of the law enforcement
15 department, and the corporate or municipal authority thereof,
16 or the sheriff, which specifies and states clearly and fully
17 the purposes for which the proceeds of the solicitation,
18 contribution, or sale will be used.
19     (c-4) No person, when soliciting financial contributions
20 or selling or delivering or offering to sell or deliver any
21 merchandise, goods, services, memberships, or advertisements,
22 may claim or represent that he or she is representing or acting
23 on behalf of any nongovernmental organization by any name which
24 includes the term "fireman", "fire fighter", "paramedic", or
25 any other word or words which would reasonably be understood to
26 imply that the organization is composed of fire fighter or
27 paramedic personnel unless the person is actually representing
28 or acting on behalf of the nongovernmental organization, and
29 the nongovernmental organization is controlled by and governed
30 by a membership of and represents a group or association of
31 active duty, retired, or injured fire fighters (for the
32 purposes of this Section, "fire fighter" has the meaning
33 ascribed to that term in Section 2 of the Illinois Fire
34 Protection Training Act) or active duty, retired, or injured
35 emergency medical technicians - ambulance, emergency medical
36 technicians - intermediate, emergency medical technicians -

 

 

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1 paramedic, ambulance drivers, or other medical assistance or
2 first aid personnel, and before commencing the solicitation or
3 the sale or delivery or the offers to sell or deliver any
4 merchandise, goods, services, memberships, or advertisements,
5 a written contract between the soliciting or selling person and
6 the nongovernmental organization has been entered into.
7     (c-5) No person may solicit financial contributions or sell
8 or deliver or offer to sell or deliver any merchandise, goods,
9 services, memberships, or advertisements on behalf of a
10 department or departments of fire fighters unless that person
11 is actually representing or acting on behalf of the department
12 or departments and has entered into a written contract with the
13 department chief and corporate or municipal authority thereof
14 which specifies and states clearly and fully the purposes for
15 which the proceeds of the solicitation, contribution, or sale
16 will be used.
17     (c-6) No person may claim or represent that he or she is an
18 airman, airline employee, airport employee, or contractor at an
19 airport in order to obtain the uniform, identification card,
20 license, or other identification paraphernalia of an airman,
21 airline employee, airport employee, or contractor at an
22 airport.
23     (d) Sentence. False personation, unapproved use of a name
24 or title, or solicitation in violation of subsection (a), (b),
25 or (b-5) of this Section is a Class C misdemeanor. False
26 personation in violation of subsections (a-5) and (c-6) is a
27 Class A misdemeanor. False personation in violation of
28 subsection (a-6) of this Section is a petty offense for which
29 the offender shall be fined at least $100 and not exceeding
30 $200. Engaging in any activity in violation of subsection
31 (c-1), (c-2), (c-3), (c-4), or (c-5) of this Section is a Class
32 4 felony.
33 (Source: P.A. 94-548, eff. 8-11-05.)