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HB2759 Engrossed |
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LRB095 00962 RLC 20964 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 26-1 as follows:
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| (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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| Sec. 26-1. Elements of the Offense.
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| (a) A person commits disorderly conduct when he knowingly:
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| (1) Does any act in such unreasonable manner as to |
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| alarm or disturb
another and to provoke a breach of the |
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| peace; or
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| (2) Transmits or causes to be transmitted in any manner |
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| to the fire
department of any city,
town, village or fire |
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| protection district a false alarm of fire, knowing
at the |
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| time of such transmission that there is no reasonable |
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| ground for
believing that such fire exists; or
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| (3) Transmits or causes to be transmitted in any manner |
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| to another a
false alarm to the effect that a bomb or other |
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| explosive of any nature or a
container holding poison gas, |
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| a deadly biological or chemical contaminant, or
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| radioactive substance is concealed in such place that its |
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| explosion or release
would endanger human life, knowing at |
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| the time of such transmission that there
is no reasonable |
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LRB095 00962 RLC 20964 b |
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| ground for believing that such bomb, explosive or a |
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| container
holding poison gas, a deadly biological or |
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| chemical contaminant, or radioactive
substance is |
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| concealed in such place; or
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| (3.5) Transmits or causes to be transmitted in any |
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| manner to another that the person or another person is |
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| going to bring a firearm to school to shoot or otherwise |
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| discharge the firearm at the school; it shall not be a |
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| violation of this paragraph (3.5) if the person |
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| transmitting the information does so with the intent to |
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| report it to authorities in order to prevent an incident; |
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| or
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| (4) Transmits or causes to be transmitted in any manner |
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| to any peace
officer, public officer or public employee a |
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| report to the effect that an
offense will be committed, is |
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| being committed, or has been committed, knowing
at the time |
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| of such transmission that there is no reasonable ground for
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| believing that such an offense will be committed, is being |
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| committed, or has
been committed; or
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| (5) Enters upon the property of another and for a lewd |
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| or unlawful
purpose deliberately looks into a dwelling on |
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| the property through any
window or other opening in it; or
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| (6) While acting as a collection agency as defined in |
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| the
"Collection Agency Act" or as an employee of such |
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| collection agency, and
while attempting to collect an |
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| alleged debt, makes a telephone call to
the alleged debtor |
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LRB095 00962 RLC 20964 b |
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| which is designed to harass, annoy or intimidate the
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| alleged debtor; or
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| (7) Transmits or causes to be transmitted a false |
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| report to the
Department of Children and Family Services |
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| under Section 4 of the "Abused and
Neglected Child |
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| Reporting Act"; or
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| (8) Transmits or causes to be transmitted a false |
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| report to the
Department of Public Health under the Nursing |
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| Home Care Act; or
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| (9) Transmits or causes to be transmitted in any manner |
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| to the police
department or fire department of any |
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| municipality or fire protection district,
or any privately |
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| owned and operated ambulance service, a false request for |
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| an
ambulance, emergency medical technician-ambulance or |
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| emergency medical
technician-paramedic knowing at the time |
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| there is no reasonable ground for
believing that such |
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| assistance is required; or
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| (10) Transmits or causes to be transmitted a false |
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| report under
Article II of "An Act in relation to victims |
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| of violence and abuse",
approved September 16, 1984, as |
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| amended; or
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| (11) Transmits or causes to be transmitted a false |
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| report to any public
safety agency without the reasonable |
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| grounds necessary to believe that
transmitting such a |
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| report is necessary for the safety and welfare of the
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| public; or
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LRB095 00962 RLC 20964 b |
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| (12) Calls the number "911" for the purpose of making |
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| or transmitting a
false alarm or complaint and reporting |
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| information when, at the time the call
or transmission is |
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| made, the person knows there is no reasonable ground for
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| making the call or transmission and further knows that the |
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| call or transmission
could result in the emergency response |
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| of any public safety agency.
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| (b) Sentence. A violation of subsection (a)(1) of this |
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| Section
is a Class C misdemeanor. A violation of subsection |
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| (a)(5), (a)(11),
or (a)(12) of this Section is a Class A |
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| misdemeanor. A violation of subsection
(a)(8) or (a)(10) of |
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| this Section is a Class B misdemeanor. A violation of
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| subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is |
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| a Class 4
felony. A
violation of subsection (a)(3) of this |
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| Section is a Class 3 felony, for which
a fine of not less than |
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| $3,000 and no more than $10,000 shall be assessed in
addition |
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| to any other penalty imposed. A
violation of subsection (a)(3) |
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| of this Section is a Class 2 felony if the place referred to is |
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| a school. A violation of subsection (a)(3.5) of this Section is |
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| a Class 2 felony.
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| A violation of subsection (a)(6) of this Section is a |
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| Business Offense and
shall be punished by a fine not to exceed |
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| $3,000. A second or subsequent
violation of subsection (a)(7), |
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| (a)(11), or (a)(12) of this Section is a Class
4 felony. A |
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| third or subsequent violation of subsection (a)(5) of this |
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| Section
is a Class 4 felony.
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LRB095 00962 RLC 20964 b |
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| (c) In addition to any other sentence that may be imposed, |
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| a court shall
order any person convicted of disorderly conduct |
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| to perform community service
for not less than 30 and not more |
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| than 120 hours, if community service is
available in the |
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| jurisdiction and is funded and approved by the county board of
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| the county where the offense was committed. In addition, |
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| whenever any person
is placed on supervision for an alleged |
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| offense under this Section, the
supervision shall be |
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| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a |
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| sentence of
incarceration.
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| (d) If a person commits either: (1) a violation of |
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| subsection (a)(3) of this Section if the threat is to place a |
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| bomb or other explosive of any nature or a
container holding |
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| poison gas, a deadly biological or chemical contaminant, or
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| radioactive substance at a school or (2) a violation of |
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| subsection (a)(3.5) of this Section and in the case of either |
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| (1) or (2) requires an emergency response, the person shall be |
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| required to make restitution to all public entities involved in |
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| the emergency response, to cover the reasonable cost of their
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| participation in the emergency response, including but not |
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| limited to regular and overtime costs incurred by local law |
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| enforcement agencies, schools, and private contractors paid by |
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| the public agencies or schools in securing the school or |
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| evacuating the school. The convicted person shall make this |
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| restitution in addition to any other fine or penalty required |
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LRB095 00962 RLC 20964 b |
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| by law as provided in Section 5-5-6 of the Unified Code of |
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| Corrections. |
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| (e) In this Section, "school" means a public, private, or |
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| parochial elementary or secondary school, community college, |
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| college, or university and includes the grounds of a school. |
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| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; |
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| 93-431, eff. 8-5-03.)
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