Full Text of HB4419 099th General Assembly
HB4419 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4419 Introduced , by Rep. Terri Bryant SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
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Amends the Criminal Code of 2012. Provides that it is also disorderly conduct to knowingly upload a video of a crime being committed, a gang-related fight, a battery committed with the intent to cause a person to be made unconscious, or other display of violence to a social media website or social networking website with the intent to promote or condone that activity or refuse to provide a law enforcement agency or peace officer with that uploaded video upon request of that agency or officer. Provides that a violation 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 2012 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. Disorderly conduct.
| 8 | | (a) A person commits disorderly conduct when he or she | 9 | | knowingly:
| 10 | | (1) Does any act in such unreasonable manner as to | 11 | | alarm or disturb
another and to provoke a breach of the | 12 | | peace;
| 13 | | (2) Transmits or causes to be transmitted in any manner | 14 | | to the fire
department of any city,
town, village or fire | 15 | | protection district a false alarm of fire, knowing
at the | 16 | | time of the transmission that there is no reasonable ground | 17 | | for
believing that the fire exists;
| 18 | | (3) Transmits or causes to be transmitted in any manner | 19 | | to another a
false alarm to the effect that a bomb or other | 20 | | explosive of any nature or a
container holding poison gas, | 21 | | a deadly biological or chemical contaminant, or
| 22 | | radioactive substance is concealed in a place where its | 23 | | explosion or release
would endanger human life, knowing at |
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| 1 | | the time of the transmission that there
is no reasonable | 2 | | ground for believing that the bomb, explosive or a | 3 | | container
holding poison gas, a deadly biological or | 4 | | chemical contaminant, or radioactive
substance is | 5 | | concealed in the place;
| 6 | | (3.5) Transmits or causes to be transmitted a threat of | 7 | | destruction of a school building or school property, or a | 8 | | threat of violence, death, or bodily harm directed against | 9 | | persons at a school, school function, or school event, | 10 | | whether or not school is in session; | 11 | | (4) Transmits or causes to be transmitted in any manner | 12 | | to any peace
officer, public officer or public employee a | 13 | | report to the effect that an
offense will be committed, is | 14 | | being committed, or has been committed, knowing
at the time | 15 | | of the transmission that there is no reasonable ground for
| 16 | | believing that the offense will be committed, is being | 17 | | committed, or has
been committed;
| 18 | | (5) Transmits or causes to be transmitted a false | 19 | | report to any public
safety agency without the reasonable | 20 | | grounds necessary to believe that
transmitting the report | 21 | | is necessary for the safety and welfare of the
public; or
| 22 | | (6) Calls the number "911" for the purpose of making or | 23 | | transmitting a
false alarm or complaint and reporting | 24 | | information when, at the time the call
or transmission is | 25 | | made, the person knows there is no reasonable ground for
| 26 | | making the call or transmission and further knows that the |
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| 1 | | call or transmission
could result in the emergency response | 2 | | of any public safety agency;
| 3 | | (7) Transmits or causes to be transmitted a false | 4 | | report to the
Department of Children and Family Services | 5 | | under Section 4 of the " Abused and
Neglected Child | 6 | | Reporting Act " ;
| 7 | | (8) Transmits or causes to be transmitted a false | 8 | | report to the
Department of Public Health under the Nursing | 9 | | Home Care Act, the Specialized Mental Health | 10 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, | 11 | | or the MC/DD Act;
| 12 | | (9) Transmits or causes to be transmitted in any manner | 13 | | to the police
department or fire department of any | 14 | | municipality or fire protection district,
or any privately | 15 | | owned and operated ambulance service, a false request for | 16 | | an
ambulance, emergency medical technician-ambulance or | 17 | | emergency medical
technician-paramedic knowing at the time | 18 | | there is no reasonable ground for
believing that the | 19 | | assistance is required;
| 20 | | (10) Transmits or causes to be transmitted a false | 21 | | report under
Article II of Public Act 83-1432 "An Act in | 22 | | relation to victims of violence and abuse",
approved | 23 | | September 16, 1984, as amended ;
| 24 | | (11) Enters upon the property of another and for a lewd | 25 | | or unlawful
purpose deliberately looks into a dwelling on | 26 | | the property through any
window or other opening in it; or
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| 1 | | (12) While acting as a collection agency as defined in | 2 | | the
Collection Agency Act or as an employee of the | 3 | | collection agency, and
while attempting to collect an | 4 | | alleged debt, makes a telephone call to
the alleged debtor | 5 | | which is designed to harass, annoy or intimidate the
| 6 | | alleged debtor ; or | 7 | | (13) Uploads a video of a crime being committed, a | 8 | | gang-related fight, a battery committed with the intent to | 9 | | cause a person to be made unconscious, or other display of | 10 | | violence to a social media website or social networking | 11 | | website with the intent to promote or condone that activity | 12 | | or refuses to provide a law enforcement agency or peace | 13 | | officer with that uploaded video upon request of that | 14 | | agency or officer .
| 15 | | (b) Sentence. A violation of subsection (a)(1) of this | 16 | | Section
is a Class C misdemeanor. A violation of subsection | 17 | | (a)(5) , or (a)(11) , or (a)(13) of this Section is a Class A | 18 | | misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | 19 | | this Section is a Class B misdemeanor. A violation of
| 20 | | subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) | 21 | | of this Section is a Class 4
felony. A
violation of subsection | 22 | | (a)(3) of this Section is a Class 3 felony, for which
a fine of | 23 | | not less than $3,000 and no more than $10,000 shall be assessed | 24 | | in
addition to any other penalty imposed.
| 25 | | A violation of subsection (a)(12) of this Section is a | 26 | | Business Offense and
shall be punished by a fine not to exceed |
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| 1 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 2 | | or (a)(5) of this Section is a Class
4 felony. A third or | 3 | | subsequent violation of subsection (a)(11) of this Section
is a | 4 | | Class 4 felony.
| 5 | | (c) In addition to any other sentence that may be imposed, | 6 | | a court shall
order any person convicted of disorderly conduct | 7 | | to perform community service
for not less than 30 and not more | 8 | | than 120 hours, if community service is
available in the | 9 | | jurisdiction and is funded and approved by the county board of
| 10 | | the county where the offense was committed. In addition, | 11 | | whenever any person
is placed on supervision for an alleged | 12 | | offense under this Section, the
supervision shall be | 13 | | conditioned upon the performance of the community service.
| 14 | | This subsection does not apply when the court imposes a | 15 | | sentence of
incarceration. | 16 | | (d) In addition to any other sentence that may be imposed, | 17 | | the court shall
order any person convicted of disorderly | 18 | | conduct under paragraph (3) of subsection (a) involving a false | 19 | | alarm of a threat that a bomb or explosive device has been | 20 | | placed in a school to reimburse the unit of government that | 21 | | employs the emergency response officer or officers that were | 22 | | dispatched to the school for the cost of the search for a bomb | 23 | | or explosive device. | 24 | | (e) In addition to any other sentence that may be imposed, | 25 | | the court shall
order any person convicted of disorderly | 26 | | conduct under paragraph (6) of subsection (a) to reimburse the |
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| 1 | | public agency for the reasonable costs of the emergency | 2 | | response by the public agency up to $10,000. If the court | 3 | | determines that the person convicted of disorderly conduct | 4 | | under paragraph (6) of subsection (a) is indigent, the | 5 | | provisions of this subsection (e) do not apply. | 6 | | (f) For the purposes of this Section, "emergency response" | 7 | | means any condition that results in, or could result in, the | 8 | | response of a public official in an authorized emergency | 9 | | vehicle, any condition that jeopardizes or could jeopardize | 10 | | public safety and results in, or could result in, the | 11 | | evacuation of any area, building, structure, vehicle, or of any | 12 | | other place that any person may enter, or any incident | 13 | | requiring a response by a police officer, a firefighter, a | 14 | | State Fire Marshal employee, or an ambulance. | 15 | | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | 16 | | 99-180, eff. 7-29-15; revised 10-16-15.)
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