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HB4121 Engrossed |
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LRB094 14139 RLC 49038 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 Criminal Code of 1961 is amended by changing |
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| Section 17-2 as follows:
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| (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
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| Sec. 17-2. False personation; use of title; solicitation; |
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| certain
entities.
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| (a) A person commits a false personation when he or she |
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| falsely represents
himself or herself to be a member or |
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| representative of any
veterans' or public safety personnel |
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| organization
or a representative of
any charitable |
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| organization, or when any person exhibits or uses in any manner
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| any decal, badge or insignia of any
charitable, public safety |
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| personnel, or veterans' organization
when not authorized to
do |
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| so by the
charitable, public safety personnel, or veterans' |
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| organization.
"Public safety personnel organization" has the |
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| meaning ascribed to that term
in Section 1 of the Solicitation |
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| for Charity Act.
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| (a-5) A person commits a false personation when he or she |
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| falsely
represents himself or herself to be a veteran in |
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| seeking employment or
public office.
In this subsection, |
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| "veteran" means a person who has served in the
Armed Services |
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| or Reserved Forces of the United States.
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| (a-6) A person commits a false personation when he or she |
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| falsely
represents himself or herself to be a Purple Heart |
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| recipient or wears a Purple Heart medal that was not awarded to |
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| that person by the United States government.
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| (b) No person shall use the words "Chicago Police," |
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| "Chicago Police
Department," "Chicago Patrolman," "Chicago
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| Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
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| any other words to the same effect in the title
of any |
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HB4121 Engrossed |
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LRB094 14139 RLC 49038 b |
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| organization, magazine, or other publication without the |
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| express
approval of the Chicago Police Board.
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| (b-5) No person shall use the words "Cook County Sheriff's |
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| Police" or
"Cook County Sheriff" or any other words to the same |
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| effect in the title of any
organization, magazine, or other |
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| publication without the express approval of
the office of the |
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| Cook County Sheriff's Merit Board. The references to names
and |
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| titles in
this
Section may not be construed as authorizing use |
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| of the names and titles of
other organizations or public safety |
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| personnel organizations otherwise
prohibited by this Section |
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| or the Solicitation for Charity Act.
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| (c) (Blank).
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| (c-1) No person may claim or represent that he or she is |
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| acting on behalf
of
any police
department, chief of a police |
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| department, fire department, chief of a fire
department, |
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| sheriff's
department, or sheriff when soliciting financial |
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| contributions or selling or
delivering or offering
to sell or |
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| deliver any merchandise, goods, services, memberships, or
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| advertisements unless the
chief of the police department, fire |
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| department, and the
corporate or municipal authority thereof,
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| or the sheriff has first
entered into a written
agreement with |
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| the person or with an organization with which the person is
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| affiliated and the
agreement permits the activity.
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| (c-2) No person, when soliciting financial contributions |
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| or selling or
delivering or offering
to sell or deliver any |
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| merchandise, goods, services, memberships, or
advertisements |
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| may claim
or represent that he or she is representing or acting |
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| on behalf of any
nongovernmental
organization by any name which |
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| includes "officer", "peace officer", "police",
"law
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| enforcement", "trooper", "sheriff", "deputy", "deputy |
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| sheriff", "State police",
or any other word
or words which |
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| would reasonably be understood to imply that the organization |
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| is
composed of
law enforcement personnel unless the person is |
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| actually representing or acting
on behalf of the
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| nongovernmental organization, and the nongovernmental |
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| organization is
controlled by and
governed by a membership of |
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HB4121 Engrossed |
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LRB094 14139 RLC 49038 b |
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| and represents a group or association of active
duty peace |
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| officers,
retired peace officers, or injured peace officers and |
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| before commencing the
solicitation or the
sale or the offers to |
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| sell any merchandise, goods, services, memberships, or
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| advertisements, a
written contract between the soliciting or |
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| selling person and the
nongovernmental
organization has been |
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| entered into.
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| (c-3) No person may solicit financial contributions or sell |
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| or deliver or
offer to sell or
deliver any merchandise, goods, |
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| services, memberships, or advertisements on
behalf of a police,
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| sheriff, or other law enforcement department unless that person |
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| is actually
representing or acting
on behalf of the department |
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| or governmental organization and has entered into a
written |
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| contract
with the police chief, or head of the law enforcement |
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| department,
and the corporate or
municipal authority thereof, |
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| or the sheriff, which specifies and states clearly
and fully |
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| the purposes for which
the proceeds of the solicitation, |
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| contribution, or sale will be used.
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| (c-4) No person, when soliciting financial contributions |
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| or selling or
delivering or
offering to sell or deliver any |
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| merchandise, goods, services, memberships, or
advertisements,
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| may claim or represent that he or she is representing or acting |
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| on behalf of
any nongovernmental
organization by any name which |
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| includes the term "fireman", "fire fighter",
"paramedic", or |
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| any
other word or words which would reasonably be understood to |
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| imply that the
organization is
composed of fire fighter or |
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| paramedic personnel unless the person is actually
representing |
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| or
acting on behalf of the nongovernmental organization, and |
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| the nongovernmental
organization is
controlled by and governed |
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| by a membership of and represents a group or
association of |
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| active
duty, retired, or injured fire fighters (for the |
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| purposes of this Section,
"fire fighter" has the
meaning |
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| ascribed to that term in Section 2 of the Illinois Fire |
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| Protection
Training Act)
or active duty, retired, or injured |
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| emergency medical technicians - ambulance,
emergency
medical |
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| technicians - intermediate, emergency medical technicians - |
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HB4121 Engrossed |
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LRB094 14139 RLC 49038 b |
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| paramedic,
ambulance
drivers, or other medical assistance or |
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| first aid personnel, and before
commencing the solicitation
or |
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| the sale or delivery or the offers to sell or deliver any |
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| merchandise,
goods, services,
memberships, or advertisements, |
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| a written contract between the soliciting
or selling person
and |
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| the nongovernmental organization has been entered into.
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| (c-5) No person may solicit financial contributions or sell |
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| or deliver or
offer to sell or
deliver any merchandise, goods, |
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| services, memberships, or advertisements on
behalf of a
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| department or departments of fire fighters unless that person |
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| is actually
representing or acting on
behalf of the department |
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| or departments and has entered into a written contract
with the
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| department chief and corporate or municipal authority thereof |
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| which specifies
and states clearly
and fully the purposes for |
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| which the proceeds of the solicitation,
contribution, or sale |
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| will be
used.
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| (c-6) No person may claim or represent that he or she is an |
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| airman, airline employee, airport employee, or contractor at an |
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| airport in order to obtain the uniform, identification card, |
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| license, or other identification paraphernalia of an airman, |
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| airline employee, airport employee, or contractor at an |
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| airport.
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| (d) Sentence. False personation, unapproved use of a name |
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| or title,
or solicitation in violation of subsection (a), (b), |
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| or (b-5)
of
this Section is a Class C misdemeanor. False |
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| personation in violation of
subsections (a-5) and (c-6) is a |
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| Class A misdemeanor.
False personation in violation of |
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| subsection (a-6) of this Section is a petty offense for which |
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| the offender shall be fined at least $100 and not exceeding |
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| $200. Engaging in any activity in violation of subsection |
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| (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section is a Class |
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| 4 felony.
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| (Source: P.A. 94-548, eff. 8-11-05.)
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