Full Text of SB0563 100th General Assembly
SB0563sam001 100TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/11/2018
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| 1 | | AMENDMENT TO SENATE BILL 563
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 563 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-54-5 as follows: | 7 | | (20 ILCS 2605/2605-54-5 new) | 8 | | Sec. 2605-54-5. Training policy; persons who pose a clear | 9 | | and present danger. The Department shall adopt a policy and | 10 | | provide training to State Police officers concerning persons | 11 | | who are believed to pose a clear and present danger to himself,
| 12 | | herself, or to others
as defined in Section 1.1 of the Firearm | 13 | | Owners Identification Card Act. The policy and training shall | 14 | | include, but not be limited to, procedures for taking a person | 15 | | who the officer reasonably believes poses a clear and present | 16 | | danger to himself, herself, or to others to a hospital or |
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| 1 | | mental health facility for a mental evaluation by a physician, | 2 | | psychiatrist, clinical psychologist, or qualified examiner. | 3 | | The policy and training shall also include procedures in which | 4 | | the officer may take a person who has made a threat of violence | 5 | | against a school or school event who the officer reasonably | 6 | | believes poses a clear and present danger to himself, herself, | 7 | | or to others to a hospital or mental health facility for a | 8 | | mental evaluation by a physician, psychiatrist, clinical | 9 | | psychologist, or qualified examiner. | 10 | | Section 10. The Illinois Police Training Act is amended by | 11 | | adding Section 10.17-2 as follows: | 12 | | (50 ILCS 705/10.17-2 new) | 13 | | Sec. 10.17-2. Training policy; persons who pose a clear and | 14 | | present danger. The Board shall create a model policy to train | 15 | | law enforcement officers and provide training to law | 16 | | enforcement officers concerning persons who are believed to | 17 | | pose a clear and present danger to himself,
herself, or to | 18 | | others
as defined in Section 1.1 of the Firearm Owners | 19 | | Identification Card Act. The policy and training shall include, | 20 | | but not be limited to, procedures for taking a person who the | 21 | | officer reasonably believes poses a clear and present danger to | 22 | | himself, herself, or to others to a hospital or mental health | 23 | | facility for a mental evaluation by a physician, psychiatrist, | 24 | | clinical psychologist, or qualified examiner. The policy and |
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| 1 | | training shall also include procedures in which the officer may | 2 | | take a person who has made a threat of violence against a | 3 | | school or school event who the officer reasonably believes | 4 | | poses a clear and present danger to himself, herself, or to | 5 | | others to a hospital or mental health facility for a mental | 6 | | evaluation by a physician, psychiatrist, clinical | 7 | | psychologist, or qualified examiner.
| 8 | | Section 15. The Criminal Code of 2012 is amended by | 9 | | changing Section 26-1 as follows:
| 10 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| 11 | | Sec. 26-1. Disorderly conduct.
| 12 | | (a) A person commits disorderly conduct when he or she | 13 | | knowingly:
| 14 | | (1) Does any act in such unreasonable manner as to | 15 | | alarm or disturb
another and to provoke a breach of the | 16 | | peace;
| 17 | | (2) Transmits or causes to be transmitted in any manner | 18 | | to the fire
department of any city,
town, village or fire | 19 | | protection district a false alarm of fire, knowing
at the | 20 | | time of the transmission that there is no reasonable ground | 21 | | for
believing that the fire exists;
| 22 | | (3) Transmits or causes to be transmitted in any manner | 23 | | to another a
false alarm to the effect that a bomb or other | 24 | | explosive of any nature or a
container holding poison gas, |
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| 1 | | a deadly biological or chemical contaminant, or
| 2 | | radioactive substance is concealed in a place where its | 3 | | explosion or release
would endanger human life, knowing at | 4 | | the time of the transmission that there
is no reasonable | 5 | | ground for believing that the bomb, explosive or a | 6 | | container
holding poison gas, a deadly biological or | 7 | | chemical contaminant, or radioactive
substance is | 8 | | concealed in the place;
| 9 | | (3.5) Transmits or causes to be transmitted in any | 10 | | manner a threat of destruction of a school building or | 11 | | school property, or a threat of violence, death, or bodily | 12 | | harm directed against persons at a school, school function, | 13 | | or school event, whether or not school is in session; | 14 | | (4) Transmits or causes to be transmitted in any manner | 15 | | to any peace
officer, public officer or public employee a | 16 | | report to the effect that an
offense will be committed, is | 17 | | being committed, or has been committed, knowing
at the time | 18 | | of the transmission that there is no reasonable ground for
| 19 | | believing that the offense will be committed, is being | 20 | | committed, or has
been committed;
| 21 | | (5) Transmits or causes to be transmitted a false | 22 | | report to any public
safety agency without the reasonable | 23 | | grounds necessary to believe that
transmitting the report | 24 | | is necessary for the safety and welfare of the
public; or
| 25 | | (6) Calls the number "911" or transmits or causes to be | 26 | | transmitted in any manner for the purpose of making or |
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| 1 | | transmitting a
false alarm or complaint and reporting | 2 | | information when, at the time the call
or transmission is | 3 | | made, the person knows there is no reasonable ground for
| 4 | | making the call or transmission and further knows that the | 5 | | call or transmission
could result in the emergency response | 6 | | of any public safety agency;
| 7 | | (7) Transmits or causes to be transmitted a false | 8 | | report to the
Department of Children and Family Services | 9 | | under Section 4 of the Abused and
Neglected Child Reporting | 10 | | Act;
| 11 | | (8) Transmits or causes to be transmitted a false | 12 | | report to the
Department of Public Health under the Nursing | 13 | | Home Care Act, the Specialized Mental Health | 14 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, | 15 | | or the MC/DD Act;
| 16 | | (9) Transmits or causes to be transmitted in any manner | 17 | | to the police
department or fire department of any | 18 | | municipality or fire protection district,
or any privately | 19 | | owned and operated ambulance service, a false request for | 20 | | an
ambulance, emergency medical technician-ambulance or | 21 | | emergency medical
technician-paramedic knowing at the time | 22 | | there is no reasonable ground for
believing that the | 23 | | assistance is required;
| 24 | | (10) Transmits or causes to be transmitted a false | 25 | | report under
Article II of Public Act 83-1432;
| 26 | | (11) Enters upon the property of another and for a lewd |
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| 1 | | or unlawful
purpose deliberately looks into a dwelling on | 2 | | the property through any
window or other opening in it; or
| 3 | | (12) While acting as a collection agency as defined in | 4 | | the
Collection Agency Act or as an employee of the | 5 | | collection agency, and
while attempting to collect an | 6 | | alleged debt, makes a telephone call to
the alleged debtor | 7 | | which is designed to harass, annoy or intimidate the
| 8 | | alleged debtor.
| 9 | | (b) Sentence. A violation of subsection (a)(1) of this | 10 | | Section
is a Class C misdemeanor. A violation of subsection | 11 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 12 | | violation of subsection
(a)(8) or (a)(10) of this Section is a | 13 | | Class B misdemeanor. A violation of
subsection (a)(2), | 14 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 15 | | a Class 4
felony. A
violation of subsection (a)(3) of this | 16 | | Section is a Class 3 felony, for which
a fine of not less than | 17 | | $3,000 and no more than $10,000 shall be assessed in
addition | 18 | | to any other penalty imposed.
| 19 | | A violation of subsection (a)(12) of this Section is a | 20 | | Business Offense and
shall be punished by a fine not to exceed | 21 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 22 | | or (a)(5) of this Section is a Class
4 felony. A third or | 23 | | subsequent violation of subsection (a)(11) of this Section
is a | 24 | | Class 4 felony.
| 25 | | (c) In addition to any other sentence that may be imposed, | 26 | | a court shall
order any person convicted of disorderly conduct |
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| 1 | | to perform community service
for not less than 30 and not more | 2 | | than 120 hours, if community service is
available in the | 3 | | jurisdiction and is funded and approved by the county board of
| 4 | | the county where the offense was committed. In addition, | 5 | | whenever any person
is placed on supervision for an alleged | 6 | | offense under this Section, the
supervision shall be | 7 | | conditioned upon the performance of the community service.
| 8 | | This subsection does not apply when the court imposes a | 9 | | sentence of
incarceration. | 10 | | (d) In addition to any other sentence that may be imposed, | 11 | | the court shall
order any person convicted of disorderly | 12 | | conduct that requires an emergency response to under paragraph | 13 | | (3) of subsection (a) involving a false alarm of a threat that | 14 | | a bomb or explosive device has been placed in a school to | 15 | | reimburse the unit of government that employs the emergency | 16 | | response officer or officers that were dispatched to the school | 17 | | for the cost of the response search for a bomb or explosive | 18 | | device . | 19 | | (e) In addition to any other sentence that may be imposed, | 20 | | the court shall
order any person convicted of disorderly | 21 | | conduct under paragraph (6) of subsection (a) to reimburse the | 22 | | public agency for the reasonable costs of the emergency | 23 | | response by the public agency up to $10,000. If the court | 24 | | determines that the person convicted of disorderly conduct | 25 | | under paragraph (6) of subsection (a) is indigent, the | 26 | | provisions of this subsection (e) do not apply. |
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| 1 | | (f) For the purposes of this Section, "emergency response" | 2 | | means any condition that results in, or could result in, the | 3 | | response of a public official in an authorized emergency | 4 | | vehicle, any condition that jeopardizes or could jeopardize | 5 | | public safety and results in, or could result in, the | 6 | | evacuation of any area, building, structure, vehicle, or of any | 7 | | other place that any person may enter, or any incident | 8 | | requiring a response by a police officer, a firefighter, a | 9 | | State Fire Marshal employee, or an ambulance. | 10 | | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | 11 | | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) | 12 | | Section 20. The Code of Criminal Procedure of 1963 is | 13 | | amended by changing Section 107-6 as follows:
| 14 | | (725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
| 15 | | Sec. 107-6. Release by officer of person arrested ; mental | 16 | | health evaluation .
| 17 | | (a) In this Section, "qualified examiner" has the meaning | 18 | | provided in Section
1-122 of the Mental Health and | 19 | | Developmental Disabilities Code. | 20 | | (b) A peace officer who arrests a person without a warrant | 21 | | is authorized to
release the person without requiring him or | 22 | | her to appear before a court when the
officer is satisfied that | 23 | | there are no grounds for criminal complaint
against the person | 24 | | arrested.
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| 1 | | (c) To assist a peace officer in making the determination | 2 | | to release a person under subsection (b) of this Section or | 3 | | with respect to release of a person after detention by the | 4 | | officer without an arrest, if the officer has reasonable | 5 | | grounds to believe the person made a threat of violence, death, | 6 | | or bodily harm against a person, school, school function, or | 7 | | school event, the officer may seek to obtain a mental health | 8 | | evaluation of the person by a physician,
clinical psychologist, | 9 | | or qualified examiner, whether employed
by the State, by any | 10 | | public or private mental health facility or part of the | 11 | | facility,
or by any public or private medical facility or part | 12 | | of the facility. | 13 | | (Source: Laws 1963, p. 2836.)".
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