Full Text of HB6230 97th General Assembly
HB6230 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6230 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/17-2 | from Ch. 38, par. 17-2 |
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Amends the Criminal Code of 1961. Provides that a person who knowingly and falsely represents himself or herself to be an elected official is guilty of a Class 4 felony (rather than a Class A misdemeanor).
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB6230 | | LRB097 21998 RLC 70722 b |
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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 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 she | 10 | | knowingly and falsely represents
himself or herself to be a | 11 | | member or representative of any
veterans' or public safety | 12 | | 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 insignia | 15 | | of any
charitable, public safety personnel, or veterans' | 16 | | organization
when not authorized to
do so by the
| 17 | | charitable, public safety personnel, or veterans' | 18 | | organization.
"Public safety personnel organization" has | 19 | | the meaning ascribed to that term
in Section 1 of the | 20 | | Solicitation for Charity Act.
| 21 | | (2) A person commits a false personation when he or she | 22 | | knowingly and falsely
represents himself or herself to be a | 23 | | veteran in seeking employment or
public office.
In this |
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| 1 | | paragraph, "veteran" means a person who has served in the
| 2 | | Armed Services or Reserve
Forces of the United States.
| 3 | | (2.5) A person commits a false personation when he or | 4 | | she knowingly and falsely represents himself or herself to | 5 | | be: | 6 | | (A) another actual person and does an act in such | 7 | | assumed character with intent to intimidate, threaten, | 8 | | injure, defraud, or to obtain a benefit from another; | 9 | | or | 10 | | (B) a representative of an actual person or | 11 | | organization and does an act in such false capacity | 12 | | with intent to obtain a benefit or to injure or defraud | 13 | | another. | 14 | | (3) No person shall knowingly use the words "Police", | 15 | | "Police
Department", "Patrolman", "Sergeant", | 16 | | "Lieutenant",
"Peace Officer", "Sheriff's Police", | 17 | | "Sheriff", "Officer", "Law Enforcement", "Trooper", | 18 | | "Deputy", "Deputy Sheriff", "State Police",
or
any other | 19 | | words to the same effect (i) in the title
of any | 20 | | organization, magazine, or other publication without the | 21 | | express
approval of the named public safety personnel | 22 | | organization's governing board or (ii) in combination with | 23 | | the name of any state, state agency, public university, or | 24 | | unit of local government without the express written | 25 | | authorization of that state, state agency, public | 26 | | university, or unit of local government.
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| 1 | | (4) No person may knowingly claim or represent that he | 2 | | or she is acting on behalf
of
any public safety personnel | 3 | | organization when soliciting financial contributions or | 4 | | selling or
delivering or offering
to sell or deliver any | 5 | | merchandise, goods, services, memberships, or
| 6 | | advertisements unless the
chief of the police department, | 7 | | fire department, and the
corporate or municipal authority | 8 | | thereof,
or the sheriff has first
entered into a written
| 9 | | agreement with the person or with an organization with | 10 | | which the person is
affiliated and the
agreement permits | 11 | | the activity and specifies and states clearly and fully the | 12 | | purpose for which the proceeds of the solicitation, | 13 | | contribution, or sale will be used.
| 14 | | (5) No person, when soliciting financial contributions | 15 | | or selling or
delivering or offering
to sell or deliver any | 16 | | merchandise, goods, services, memberships, or
| 17 | | advertisements may claim
or represent that he or she is | 18 | | representing or acting on behalf of any
nongovernmental
| 19 | | organization by any name which includes "officer", "peace | 20 | | officer", "police",
"law
enforcement", "trooper", | 21 | | "sheriff", "deputy", "deputy sheriff", "State police",
or | 22 | | any other word
or words which would reasonably be | 23 | | understood to imply that the organization is
composed of
| 24 | | law enforcement personnel unless: | 25 | | (A) the person is actually representing or acting
| 26 | | on behalf of the
nongovernmental organization; |
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| 1 | | (B) the nongovernmental organization is
controlled | 2 | | by and
governed by a membership of and represents a | 3 | | group or association of active
duty peace officers,
| 4 | | retired peace officers, or injured peace officers; and | 5 | | (C) before commencing the
solicitation or the
sale | 6 | | or the offers to sell any merchandise, goods, services, | 7 | | memberships, or
advertisements, a
written contract | 8 | | between the soliciting or selling person and the
| 9 | | nongovernmental
organization, which specifies and | 10 | | states clearly and fully the purposes for which the | 11 | | proceeds of the solicitation, contribution, or sale | 12 | | will be used, has been entered into.
| 13 | | (6) No person, when soliciting financial contributions | 14 | | or selling or
delivering or
offering to sell or deliver any | 15 | | merchandise, goods, services, memberships, or
| 16 | | advertisements,
may knowingly claim or represent that he or | 17 | | she is representing or acting on behalf of
any | 18 | | nongovernmental
organization by any name which includes | 19 | | the term "fireman", "fire fighter",
"paramedic", or any
| 20 | | other word or words which would reasonably be understood to | 21 | | imply that the
organization is
composed of fire fighter or | 22 | | paramedic personnel unless: | 23 | | (A) the person is actually
representing or
acting | 24 | | on behalf of the nongovernmental organization; | 25 | | (B) the nongovernmental
organization is
controlled | 26 | | by and governed by a membership of and represents a |
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| 1 | | group or
association of active
duty, retired, or | 2 | | injured fire fighters (for the purposes of this | 3 | | Section,
"fire fighter" has the
meaning ascribed to | 4 | | that term in Section 2 of the Illinois Fire Protection
| 5 | | Training Act)
or active duty, retired, or injured | 6 | | emergency medical technicians - ambulance,
emergency
| 7 | | medical technicians - intermediate, emergency medical | 8 | | technicians - paramedic,
ambulance
drivers, or other | 9 | | medical assistance or first aid personnel; and | 10 | | (C) before
commencing the solicitation
or the sale | 11 | | or delivery or the offers to sell or deliver any | 12 | | merchandise,
goods, services,
memberships, or | 13 | | advertisements, the soliciting or selling person and | 14 | | the nongovernmental organization have entered into a | 15 | | written contract that specifies and states clearly and | 16 | | fully the purposes for which the proceeds of the | 17 | | solicitation, contribution, or sale will be used.
| 18 | | (7) No person may knowingly claim or represent that he | 19 | | or she is an airman, airline employee, airport employee, or | 20 | | contractor at an airport in order to obtain the uniform, | 21 | | identification card, license, or other identification | 22 | | paraphernalia of an airman, airline employee, airport | 23 | | employee, or contractor at an airport.
| 24 | | (8) No person, firm,
copartnership, or corporation | 25 | | (except corporations organized and doing business
under | 26 | | the Pawners Societies Act)
shall knowingly use a name that |
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| 1 | | contains in it the words
"Pawners' Society". | 2 | | (b) False personation; public officials and employees. A | 3 | | person commits a false personation if he or she knowingly and | 4 | | falsely represents himself or herself to be any of the | 5 | | following: | 6 | | (1) An attorney authorized to practice law for purposes | 7 | | of compensation or consideration. This paragraph (b)(1) | 8 | | does not apply to a person who unintentionally fails to pay | 9 | | attorney registration fees established by Supreme Court | 10 | | Rule. | 11 | | (2) A public officer or a public employee or an | 12 | | official or employee of the federal government. | 13 | | (2.3) A public officer, a public employee, or an | 14 | | official or employee of the federal government, and the | 15 | | false representation is made in furtherance of the | 16 | | commission of felony. | 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 | | (8) A fire fighter. | 4 | | (9) A fire fighter while carrying a deadly weapon. | 5 | | (10) A fire fighter in attempting or committing a | 6 | | felony. | 7 | | (11) An emergency management worker of any | 8 | | jurisdiction in this State. | 9 | | (12) An emergency management worker of any | 10 | | jurisdiction in this State in attempting or committing a | 11 | | felony.
For the purposes of this subsection (b), "emergency | 12 | | management worker" has the meaning provided under Section | 13 | | 2-6.6 of this Code. | 14 | | (b-5) The trier of fact may infer that a person falsely | 15 | | represents himself or herself to be a public officer or a | 16 | | public employee or an official or employee of the federal | 17 | | government if the person: | 18 | | (1) wears or displays without authority any uniform, | 19 | | badge, insignia, or facsimile thereof by which a public | 20 | | officer or public employee or official or employee of the | 21 | | federal government is lawfully distinguished; or | 22 | | (2) falsely expresses by word or action that he or she | 23 | | is a public officer or public employee or official or | 24 | | employee of the federal government and is acting with | 25 | | approval or authority of a public agency or department. | 26 | | (c) Fraudulent advertisement of a corporate name. |
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| 1 | | (1) A company, association, or individual commits | 2 | | fraudulent advertisement of a corporate name if he, she, or | 3 | | it, not being incorporated, puts forth a sign or | 4 | | advertisement and assumes, for the purpose of soliciting | 5 | | business, a corporate name. | 6 | | (2) Nothing contained in this subsection (c) prohibits | 7 | | a corporation, company, association, or person from using a | 8 | | divisional designation or trade name in conjunction with | 9 | | its corporate name or assumed name under Section 4.05 of | 10 | | the Business Corporation Act of 1983 or, if it is a member | 11 | | of a partnership or joint venture, from doing partnership | 12 | | or joint venture business under the partnership or joint | 13 | | venture name. The name under which the joint venture or | 14 | | partnership does business may differ from the names of the | 15 | | members. Business may not be conducted or transacted under | 16 | | that joint venture or partnership name, however, unless all | 17 | | provisions of the Assumed Business Name Act have been | 18 | | complied with. Nothing in this subsection (c) permits a | 19 | | foreign corporation to do business in this State without | 20 | | complying with all Illinois laws regulating the doing of | 21 | | business by foreign corporations. No foreign corporation | 22 | | may conduct or transact business in this State as a member | 23 | | of a partnership or joint venture that violates any | 24 | | Illinois law regulating or pertaining to the doing of | 25 | | business by foreign corporations in Illinois. | 26 | | (3) The provisions of this subsection (c) do not apply |
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| 1 | | to limited partnerships formed under the Revised Uniform | 2 | | Limited Partnership Act or under the Uniform Limited | 3 | | Partnership Act (2001). | 4 | | (d) False law enforcement badges. | 5 | | (1) A person commits false law enforcement badges if he | 6 | | or she knowingly produces, sells, or distributes a law | 7 | | enforcement badge without the express written consent of | 8 | | the law enforcement agency represented on the badge or, in | 9 | | case of a reorganized or defunct law enforcement agency, | 10 | | its successor law enforcement agency. | 11 | | (2) It is a defense to false law enforcement badges | 12 | | that the law enforcement badge is used or is intended to be | 13 | | used exclusively: (i) as a memento or in a collection or | 14 | | exhibit; (ii) for decorative purposes; or (iii) for a | 15 | | dramatic presentation, such as a theatrical, film, or | 16 | | television production. | 17 | | (e) False medals. | 18 | | (1) A person commits a false personation if he or she | 19 | | knowingly and falsely represents himself or herself to be a | 20 | | recipient of, or wears on his or her person, any of the | 21 | | following medals if that medal was not awarded to that | 22 | | person by the United States Government, irrespective of | 23 | | branch of service: The Congressional Medal of Honor, The | 24 | | Distinguished Service Cross, The Navy Cross, The Air Force | 25 | | Cross, The Silver Star, The Bronze Star, or the Purple | 26 | | Heart. |
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| 1 | | (2) It is a defense to a prosecution under paragraph | 2 | | (e)(1) that the medal is used, or is intended to be used, | 3 | | exclusively: | 4 | | (A) for a dramatic presentation, such as a | 5 | | theatrical, film, or television production, or a | 6 | | historical re-enactment; or | 7 | | (B) for a costume worn, or intended to be worn, by | 8 | | a person under 18 years of age. | 9 | | (f) Sentence. | 10 | | (1) A violation of paragraph (a)(8) is a petty offense | 11 | | subject to a fine of not less than $5 nor more than $100, | 12 | | and the person, firm, copartnership, or corporation | 13 | | commits an additional petty offense for each day he, she, | 14 | | or it continues to commit the violation. A violation of | 15 | | paragraph (c)(1) is a petty offense, and the company, | 16 | | association, or person commits an additional petty offense | 17 | | for each day he, she, or it continues to commit the | 18 | | violation. A violation of subsection (e) is a petty offense | 19 | | for which the offender shall be fined at least $100 and not | 20 | | more than $200. | 21 | | (2) A violation of paragraph (a)(1) or (a)(3) is a | 22 | | Class C misdemeanor. | 23 | | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | 24 | | (b)(2), or (b)(7) or subsection (d) is a Class A | 25 | | misdemeanor. A second or subsequent violation of | 26 | | subsection (d) is a Class 3 felony. |
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| 1 | | (3.1) Except as otherwise provided in paragraph | 2 | | (f)(3.2), a violation of paragraph (b)(2) is a Class A | 3 | | misdemeanor. | 4 | | (3.2) If the public officer is an elected official, a | 5 | | violation of paragraph (b)(2) is a Class 4 felony. | 6 | | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | 7 | | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | 8 | | Class 4 felony. | 9 | | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | 10 | | is a Class 3 felony. | 11 | | (6) A violation of paragraph (b)(5) or (b)(10) is a | 12 | | Class 2 felony. | 13 | | (7) A violation of paragraph (b)(6) is a Class 1 | 14 | | felony.
| 15 | | (g) A violation of subsection (a)(1) through (a)(7) or | 16 | | subsection (e) of this Section may be accomplished in person or | 17 | | by any means of communication, including but not limited to the | 18 | | use of an Internet website or any form of electronic | 19 | | communication. | 20 | | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; | 21 | | 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change | 22 | | to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)
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