HB4564 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4564

 

Introduced 1/18/2008, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-1   from Ch. 38, par. 26-1

    Amends the Criminal Code of 1961. Provides that a person commits disorderly conduct when he or she knowingly possesses while on, brings onto, or causes to be brought onto school property, property in which a school sponsored activity or event is being conducted, or property in which any activity or event that bears a reasonable relationship to school is being conducted, any facsimile firearm. Defines "facsimile firearm" as any replica, toy, starter pistol, or other object that bears a reasonable resemblance or that reasonably can be perceived to be an actual firearm. Provides that a violation by a person under 13 years of age at the time of the commission of the offense is a petty offense. Provides that a second or subsequent violation by a person under 13 years of age at the time of the commission of the offense is a Class A misdemeanor.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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

 

 

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1     ground for believing that such bomb, explosive or a
2     container holding poison gas, a deadly biological or
3     chemical contaminant, or radioactive substance is
4     concealed in such place; or
5         (4) Transmits or causes to be transmitted in any manner
6     to any peace officer, public officer or public employee a
7     report to the effect that an offense will be committed, is
8     being committed, or has been committed, knowing at the time
9     of such transmission that there is no reasonable ground for
10     believing that such an offense will be committed, is being
11     committed, or has been committed; or
12         (5) Enters upon the property of another and for a lewd
13     or unlawful purpose deliberately looks into a dwelling on
14     the property through any window or other opening in it; or
15         (6) While acting as a collection agency as defined in
16     the "Collection Agency Act" or as an employee of such
17     collection agency, and while attempting to collect an
18     alleged debt, makes a telephone call to the alleged debtor
19     which is designed to harass, annoy or intimidate the
20     alleged debtor; or
21         (7) Transmits or causes to be transmitted a false
22     report to the Department of Children and Family Services
23     under Section 4 of the "Abused and Neglected Child
24     Reporting Act"; or
25         (8) Transmits or causes to be transmitted a false
26     report to the Department of Public Health under the Nursing

 

 

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1     Home Care Act; or
2         (9) Transmits or causes to be transmitted in any manner
3     to the police department or fire department of any
4     municipality or fire protection district, or any privately
5     owned and operated ambulance service, a false request for
6     an ambulance, emergency medical technician-ambulance or
7     emergency medical technician-paramedic knowing at the time
8     there is no reasonable ground for believing that such
9     assistance is required; or
10         (10) Transmits or causes to be transmitted a false
11     report under Article II of "An Act in relation to victims
12     of violence and abuse", approved September 16, 1984, as
13     amended; or
14         (11) Transmits or causes to be transmitted a false
15     report to any public safety agency without the reasonable
16     grounds necessary to believe that transmitting such a
17     report is necessary for the safety and welfare of the
18     public; or
19         (12) Calls the number "911" for the purpose of making
20     or transmitting a false alarm or complaint and reporting
21     information when, at the time the call or transmission is
22     made, the person knows there is no reasonable ground for
23     making the call or transmission and further knows that the
24     call or transmission could result in the emergency response
25     of any public safety agency; or .
26         (13) Possesses while on, brings onto, or causes to be

 

 

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1     brought onto school property, property in which a school
2     sponsored activity or event is being conducted, or property
3     in which any activity or event that bears a reasonable
4     relationship to school is being conducted, any facsimile
5     firearm. For the purposes of this Section, "facsimile
6     firearm" means any replica, toy, starter pistol, or other
7     object that bears a reasonable resemblance or that
8     reasonably can be perceived to be an actual firearm; and
9     "school property" includes any conveyance owned, leased,
10     or contracted by a school to transport students to a school
11     or a school related activity.
12     (b) Sentence. A violation of subsection (a)(1) of this
13 Section is a Class C misdemeanor. A violation of subsection
14 (a)(5), (a)(11), or (a)(12) of this Section is a Class A
15 misdemeanor. A violation of subsection (a)(8) or (a)(10) of
16 this Section is a Class B misdemeanor. A violation of
17 subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is
18 a Class 4 felony. A violation of subsection (a)(3) of this
19 Section is a Class 3 felony, for which a fine of not less than
20 $3,000 and no more than $10,000 shall be assessed in addition
21 to any other penalty imposed. A violation of subsection (a)(13)
22 of this Section is a Class A misdemeanor, except that a first
23 violation by a person under 13 years of age at the time of the
24 commission of the offense is a petty offense. A second or
25 subsequent violation of subsection (a)(13) of this Section by a
26 person under 13 years of age at the time of the commission of

 

 

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1 the offense is a Class A misdemeanor.
2     A violation of subsection (a)(6) of this Section is a
3 Business Offense and shall be punished by a fine not to exceed
4 $3,000. A second or subsequent violation of subsection (a)(7),
5 (a)(11), or (a)(12) of this Section is a Class 4 felony. A
6 third or subsequent violation of subsection (a)(5) of this
7 Section is a Class 4 felony.
8     (c) In addition to any other sentence that may be imposed,
9 a court shall order any person convicted of disorderly conduct
10 to perform community service for not less than 30 and not more
11 than 120 hours, if community service is available in the
12 jurisdiction and is funded and approved by the county board of
13 the county where the offense was committed. In addition,
14 whenever any person is placed on supervision for an alleged
15 offense under this Section, the supervision shall be
16 conditioned upon the performance of the community service.
17     This subsection does not apply when the court imposes a
18 sentence of incarceration.
19 (Source: P.A. 92-16, eff. 6-28-01; 92-502, eff. 12-19-01;
20 93-431, eff. 8-5-03.)