Full Text of HB3731 102nd General Assembly
HB3731ham001 102ND GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/16/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3731
| 2 | | AMENDMENT NO. ______. Amend House Bill 3731 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 17-2 as follows:
| 6 | | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| 7 | | Sec. 17-2. False personation; solicitation. | 8 | | (a) False personation; solicitation. | 9 | | (1) A person commits a false personation when he or | 10 | | she knowingly and falsely represents
himself or herself to | 11 | | be a member or representative of any
veterans' or public | 12 | | safety personnel organization
or a representative of
any | 13 | | charitable organization, or when he or she knowingly | 14 | | exhibits or uses in any manner
any decal, badge or | 15 | | insignia of any
charitable, public safety personnel, or | 16 | | veterans' organization
when not authorized to
do so by the
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| 1 | | charitable, public safety personnel, or veterans' | 2 | | organization.
"Public safety personnel organization" has | 3 | | the meaning ascribed to that term
in Section 1 of the | 4 | | Solicitation for Charity Act.
| 5 | | (2) A person commits a false personation when he or | 6 | | she knowingly and falsely
represents himself or herself to | 7 | | be a veteran in seeking employment or
public office.
In | 8 | | this paragraph, "veteran" means a person who has served in | 9 | | the
Armed Services or Reserve
Forces of the United States.
| 10 | | (2.1) A person commits a false personation when he or | 11 | | she knowingly and falsely
represents himself or herself to | 12 | | be: | 13 | | (A) an active-duty member of the Armed Services or | 14 | | Reserve
Forces of the United States or the National | 15 | | Guard or a veteran of the Armed Services or Reserve
| 16 | | Forces of the United States or the National Guard; and | 17 | | (B) obtains money, property, or another tangible | 18 | | benefit through that false representation. | 19 | | In this paragraph, "member of the Armed Services or | 20 | | Reserve
Forces of the United States" means a member of the | 21 | | United States Navy, Army, Air Force, Marine Corps, or | 22 | | Coast Guard; and "veteran" means a person who has served | 23 | | in the
Armed Services or Reserve
Forces of the United | 24 | | States or the National Guard. | 25 | | (2.5) A person commits a false personation when he or | 26 | | she knowingly and falsely represents himself or herself to |
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| 1 | | be: | 2 | | (A) another actual person and does an act in such | 3 | | assumed character with intent to intimidate, threaten, | 4 | | injure, defraud, or to obtain a benefit from another; | 5 | | or | 6 | | (B) a representative of an actual person or | 7 | | organization and does an act in such false capacity | 8 | | with intent to obtain a benefit or to injure or defraud | 9 | | another. | 10 | | (3) No person shall knowingly use the words "Police", | 11 | | "Police
Department", "Patrolman", "Sergeant", | 12 | | "Lieutenant",
"Peace Officer", "Sheriff's Police", | 13 | | "Sheriff", "Officer", "Law Enforcement", "Trooper", | 14 | | "Deputy", "Deputy Sheriff", "State Police",
or
any other | 15 | | words to the same effect (i) in the title
of any | 16 | | organization, magazine, or other publication without the | 17 | | express
approval of the named public safety personnel | 18 | | organization's governing board or (ii) in combination with | 19 | | the name of any state, state agency, public university, or | 20 | | unit of local government without the express written | 21 | | authorization of that state, state agency, public | 22 | | university, or unit of local government.
| 23 | | (4) No person may knowingly claim or represent that he | 24 | | or she is acting on behalf
of
any public safety personnel | 25 | | organization when soliciting financial contributions or | 26 | | selling or
delivering or offering
to sell or deliver any |
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| 1 | | merchandise, goods, services, memberships, or
| 2 | | advertisements unless the
chief of the police department, | 3 | | fire department, and the
corporate or municipal authority | 4 | | thereof,
or the sheriff has first
entered into a written
| 5 | | agreement with the person or with an organization with | 6 | | which the person is
affiliated and the
agreement permits | 7 | | the activity and specifies and states clearly and fully | 8 | | the purpose for which the proceeds of the solicitation, | 9 | | contribution, or sale will be used.
| 10 | | (5) No person, when soliciting financial contributions | 11 | | or selling or
delivering or offering
to sell or deliver | 12 | | any merchandise, goods, services, memberships, or
| 13 | | advertisements may claim
or represent that he or she is | 14 | | representing or acting on behalf of any
nongovernmental
| 15 | | organization by any name which includes "officer", "peace | 16 | | officer", "police",
"law
enforcement", "trooper", | 17 | | "sheriff", "deputy", "deputy sheriff", "State police",
or | 18 | | any other word
or words which would reasonably be | 19 | | understood to imply that the organization is
composed of
| 20 | | law enforcement personnel unless: | 21 | | (A) the person is actually representing or acting
| 22 | | on behalf of the
nongovernmental organization; | 23 | | (B) the nongovernmental organization is
controlled | 24 | | by and
governed by a membership of and represents a | 25 | | group or association of active
duty peace officers,
| 26 | | retired peace officers, or injured peace officers; and |
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| 1 | | (C) before commencing the
solicitation or the
sale | 2 | | or the offers to sell any merchandise, goods, | 3 | | services, memberships, or
advertisements, a
written | 4 | | contract between the soliciting or selling person and | 5 | | the
nongovernmental
organization, which specifies and | 6 | | states clearly and fully the purposes for which the | 7 | | proceeds of the solicitation, contribution, or sale | 8 | | will be used, has been entered into.
| 9 | | (6) No person, when soliciting financial contributions | 10 | | or selling or
delivering or
offering to sell or deliver | 11 | | any merchandise, goods, services, memberships, or
| 12 | | advertisements,
may knowingly claim or represent that he | 13 | | or she is representing or acting on behalf of
any | 14 | | nongovernmental
organization by any name which includes | 15 | | the term "fireman", "fire fighter",
"paramedic", or any
| 16 | | other word or words which would reasonably be understood | 17 | | to imply that the
organization is
composed of fire fighter | 18 | | or paramedic personnel unless: | 19 | | (A) the person is actually
representing or
acting | 20 | | on behalf of the nongovernmental organization; | 21 | | (B) the nongovernmental
organization is
controlled | 22 | | by and governed by a membership of and represents a | 23 | | group or
association of active
duty, retired, or | 24 | | injured fire fighters (for the purposes of this | 25 | | Section,
"fire fighter" has the
meaning ascribed to | 26 | | that term in Section 2 of the Illinois Fire Protection
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| 1 | | Training Act)
or active duty, retired, or injured | 2 | | emergency medical technicians - ambulance,
emergency
| 3 | | medical technicians - intermediate, emergency medical | 4 | | technicians - paramedic,
ambulance
drivers, or other | 5 | | medical assistance or first aid personnel; and | 6 | | (C) before
commencing the solicitation
or the sale | 7 | | or delivery or the offers to sell or deliver any | 8 | | merchandise,
goods, services,
memberships, or | 9 | | advertisements, the soliciting or selling person and | 10 | | the nongovernmental organization have entered into a | 11 | | written contract that specifies and states clearly and | 12 | | fully the purposes for which the proceeds of the | 13 | | solicitation, contribution, or sale will be used.
| 14 | | (7) No person may knowingly claim or represent that he | 15 | | or she is an airman, airline employee, airport employee, | 16 | | or contractor at an airport in order to obtain the | 17 | | uniform, identification card, license, or other | 18 | | identification paraphernalia of an airman, airline | 19 | | employee, airport employee, or contractor at an airport.
| 20 | | (8) No person, firm,
copartnership, or corporation | 21 | | (except corporations organized and doing business
under | 22 | | the Pawners Societies Act)
shall knowingly use a name that | 23 | | contains in it the words
"Pawners' Society". | 24 | | (b) False personation; public officials and employees. A | 25 | | person commits a false personation if he or she knowingly and | 26 | | falsely represents himself or herself to be any of the |
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| 1 | | following: | 2 | | (1) An attorney authorized to practice law for | 3 | | purposes of compensation or consideration. This paragraph | 4 | | (b)(1) does not apply to a person who unintentionally | 5 | | fails to pay attorney registration fees established by | 6 | | Supreme Court Rule. | 7 | | (2) A public officer or a public employee or an | 8 | | official or employee of the federal government. | 9 | | (2.3) A public officer, a public employee, or an | 10 | | official or employee of the federal government, and the | 11 | | false representation is made in furtherance of the | 12 | | commission of felony. | 13 | | (2.5) A public officer or a public employee in | 14 | | establishing or operating a social media or email account | 15 | | and the person falsely represents himself or herself as | 16 | | being a public officer or public employee on such account. | 17 | | (2.7) A public officer or a public employee, and the | 18 | | false representation is for the purpose of effectuating | 19 | | identity theft as defined in Section 16-30 of this Code. | 20 | | (3) A peace officer. | 21 | | (4) A peace officer while carrying a deadly weapon. | 22 | | (5) A peace officer in attempting or committing a | 23 | | felony. | 24 | | (6) A peace officer in attempting or committing a | 25 | | forcible felony. | 26 | | (7) The parent, legal guardian, or other relation of a |
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| 1 | | minor child to any public official, public employee, or | 2 | | elementary or secondary school employee or administrator. | 3 | | (7.5) The legal guardian, including any representative | 4 | | of a State or public guardian, of a person with a | 5 | | disability appointed under Article XIa of the Probate Act | 6 | | of 1975. | 7 | | (8) A fire fighter. | 8 | | (9) A fire fighter while carrying a deadly weapon. | 9 | | (10) A fire fighter in attempting or committing a | 10 | | felony. | 11 | | (11) An emergency management worker of any | 12 | | jurisdiction in this State. | 13 | | (12) An emergency management worker of any | 14 | | jurisdiction in this State in attempting or committing a | 15 | | felony.
For the purposes of this subsection (b), | 16 | | "emergency management worker" has the meaning provided | 17 | | under Section 2-6.6 of this Code. | 18 | | (b-5) The trier of fact may infer that a person falsely | 19 | | represents himself or herself to be a public officer or a | 20 | | public employee or an official or employee of the federal | 21 | | government if the person: | 22 | | (1) wears or displays without authority any uniform, | 23 | | badge, insignia, or facsimile thereof by which a public | 24 | | officer or public employee or official or employee of the | 25 | | federal government is lawfully distinguished; or | 26 | | (2) falsely expresses by word or action that he or she |
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| 1 | | is a public officer or public employee or official or | 2 | | employee of the federal government and is acting with | 3 | | approval or authority of a public agency or department. | 4 | | (c) Fraudulent advertisement of a corporate name. | 5 | | (1) A company, association, or individual commits | 6 | | fraudulent advertisement of a corporate name if he, she, | 7 | | or it, not being incorporated, puts forth a sign or | 8 | | advertisement and assumes, for the purpose of soliciting | 9 | | business, a corporate name. | 10 | | (2) Nothing contained in this subsection (c) prohibits | 11 | | a corporation, company, association, or person from using | 12 | | a divisional designation or trade name in conjunction with | 13 | | its corporate name or assumed name under Section 4.05 of | 14 | | the Business Corporation Act of 1983 or, if it is a member | 15 | | of a partnership or joint venture, from doing partnership | 16 | | or joint venture business under the partnership or joint | 17 | | venture name. The name under which the joint venture or | 18 | | partnership does business may differ from the names of the | 19 | | members. Business may not be conducted or transacted under | 20 | | that joint venture or partnership name, however, unless | 21 | | all provisions of the Assumed Business Name Act have been | 22 | | complied with. Nothing in this subsection (c) permits a | 23 | | foreign corporation to do business in this State without | 24 | | complying with all Illinois laws regulating the doing of | 25 | | business by foreign corporations. No foreign corporation | 26 | | may conduct or transact business in this State as a member |
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| 1 | | of a partnership or joint venture that violates any | 2 | | Illinois law regulating or pertaining to the doing of | 3 | | business by foreign corporations in Illinois. | 4 | | (3) The provisions of this subsection (c) do not apply | 5 | | to limited partnerships formed under the Revised Uniform | 6 | | Limited Partnership Act or under the Uniform Limited | 7 | | Partnership Act (2001). | 8 | | (d) False law enforcement badges. | 9 | | (1) A person commits false law enforcement badges if | 10 | | he or she knowingly produces, sells, or distributes a law | 11 | | enforcement badge without the express written consent of | 12 | | the law enforcement agency represented on the badge or, in | 13 | | case of a reorganized or defunct law enforcement agency, | 14 | | its successor law enforcement agency. | 15 | | (2) It is a defense to false law enforcement badges | 16 | | that the law enforcement badge is used or is intended to be | 17 | | used exclusively: (i) as a memento or in a collection or | 18 | | exhibit; (ii) for decorative purposes; or (iii) for a | 19 | | dramatic presentation, such as a theatrical, film, or | 20 | | television production. | 21 | | (e) False medals. | 22 | | (1) A person commits a false personation if he or she | 23 | | knowingly and falsely represents himself or herself to be | 24 | | a recipient of, or wears on his or her person, any of the | 25 | | following medals if that medal was not awarded to that | 26 | | person by the United States Government, irrespective of |
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| 1 | | branch of service: The Congressional Medal of Honor, The | 2 | | Distinguished Service Cross, The Navy Cross, The Air Force | 3 | | Cross, The Silver Star, The Bronze Star, or the Purple | 4 | | Heart. | 5 | | (2) It is a defense to a prosecution under paragraph | 6 | | (e)(1) that the medal is used, or is intended to be used, | 7 | | exclusively: | 8 | | (A) for a dramatic presentation, such as a | 9 | | theatrical, film, or television production, or a | 10 | | historical re-enactment; or | 11 | | (B) for a costume worn, or intended to be worn, by | 12 | | a person under 18 years of age. | 13 | | (f) Sentence. | 14 | | (1) A violation of paragraph (a)(8) is a petty offense | 15 | | subject to a fine of not less than $5 nor more than $100, | 16 | | and the person, firm, copartnership, or corporation | 17 | | commits an additional petty offense for each day he, she, | 18 | | or it continues to commit the violation. A violation of | 19 | | paragraph (c)(1) is a petty offense, and the company, | 20 | | association, or person commits an additional petty offense | 21 | | for each day he, she, or it continues to commit the | 22 | | violation. A violation of paragraph (a)(2.1) or subsection | 23 | | (e) is a petty offense for which the offender shall be | 24 | | fined at least $100 and not more than $200. | 25 | | (2) A violation of paragraph (a)(1), (a)(3), or | 26 | | (b)(7.5) is a Class C misdemeanor. |
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| 1 | | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | 2 | | (b)(2), (b)(2.5), or (b)(7) or subsection (d) is a Class A | 3 | | misdemeanor. A second or subsequent violation of | 4 | | subsection (d) is a Class 3 felony. | 5 | | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | 6 | | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is | 7 | | a Class 4 felony. | 8 | | (5) A violation of paragraph (b)(4), (b)(9), or | 9 | | (b)(12) is a Class 3 felony. | 10 | | (6) A violation of paragraph (b)(5) or (b)(10) is a | 11 | | Class 2 felony. | 12 | | (7) A violation of paragraph (b)(6) is a Class 1 | 13 | | felony.
| 14 | | (g) A violation of subsection (a)(1) through (a)(7) or | 15 | | subsection (e) of this Section may be accomplished in person | 16 | | or by any means of communication, including but not limited to | 17 | | the use of an Internet website or any form of electronic | 18 | | communication. | 19 | | (Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; | 20 | | 100-201, eff. 8-18-17.)
| 21 | | Section 10. The Consumer Fraud and Deceptive Business | 22 | | Practices Act is amended by adding Section 13 as follows: | 23 | | (815 ILCS 505/13 new) | 24 | | Sec. 13. Social media consumer identity protection. |
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| 1 | | Notwithstanding any provision of law to the contrary, any | 2 | | social media or email service provider offering services to | 3 | | persons residing in this State shall, in operating its | 4 | | services, ensure the identity security of the social media and | 5 | | Internet presence of State elected officials and State | 6 | | agencies, and shall reserve the use of State government online | 7 | | accounts, whether social media or email, for use only by State | 8 | | officials, State agencies, and employees thereof, to prevent | 9 | | false personation. Additionally, service providers subject to | 10 | | the requirements of this Section must offer elected officials | 11 | | and State agencies the opportunity to claim accounts and | 12 | | usernames for official use or lock such accounts and usernames | 13 | | to prevent false personation. Failure to comply with the | 14 | | requirements of this Section shall constitute an unlawful | 15 | | practice within the meaning of this Act. For the purposes of | 16 | | this Section, "false personation" has the same meaning as | 17 | | provided under Section 17-2 of the Criminal Code of 2012. ".
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