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Full Text of SB2971  100th General Assembly

SB2971 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2971

 

Introduced 2/15/2018, by Sen. Michael Connelly

 

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

    Amends the Criminal Code of 2012. Adds to the disorderly conduct offense of calling 911 with a false report that the offense includes making a report or causing to be reported for the purpose of knowingly making a false alarm or complaint. Provides the violation is a Class 3 felony if the person making the false report knows or should know that the response to the report is the result of an act in furtherance of or an attempt in furtherance of the offense of intimidation, aggravated intimidation, computer tampering, aggravated computer tampering, identity theft, or aggravated identity theft, and a Class 1 felony if the person making the false report knows or should know that the response to the report is likely to cause death or great bodily harm and death or great bodily harm is sustained by any person as a result of the false report. Adds authorized emergency aircraft or vessel to the definition of emergency response.


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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,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9knowingly:
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" or reports or causes to be
23    reported for the purpose of making or transmitting a false
24    alarm or complaint and reporting information when, at the
25    time the call, report, or transmission is made, the person
26    knows there is no reasonable ground for making the call,

 

 

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1    report, or transmission and further knows that the call,
2    report, or transmission could result in the emergency
3    response of any public safety agency;
4        (7) Transmits or causes to be transmitted a false
5    report to the Department of Children and Family Services
6    under Section 4 of the Abused and Neglected Child Reporting
7    Act;
8        (8) Transmits or causes to be transmitted a false
9    report to the Department of Public Health under the Nursing
10    Home Care Act, the Specialized Mental Health
11    Rehabilitation Act of 2013, the ID/DD Community Care Act,
12    or the MC/DD Act;
13        (9) Transmits or causes to be transmitted in any manner
14    to the police department or fire department of any
15    municipality or fire protection district, or any privately
16    owned and operated ambulance service, a false request for
17    an ambulance, emergency medical technician-ambulance or
18    emergency medical technician-paramedic knowing at the time
19    there is no reasonable ground for believing that the
20    assistance is required;
21        (10) Transmits or causes to be transmitted a false
22    report under Article II of Public Act 83-1432;
23        (11) Enters upon the property of another and for a lewd
24    or unlawful purpose deliberately looks into a dwelling on
25    the property through any window or other opening in it; or
26        (12) While acting as a collection agency as defined in

 

 

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1    the Collection Agency Act or as an employee of the
2    collection agency, and while attempting to collect an
3    alleged debt, makes a telephone call to the alleged debtor
4    which is designed to harass, annoy or intimidate the
5    alleged debtor.
6    (b) Sentence. A violation of subsection (a)(1) of this
7Section is a Class C misdemeanor. A violation of subsection
8(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
9violation of subsection (a)(8) or (a)(10) of this Section is a
10Class B misdemeanor. A violation of subsection (a)(2),
11(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
12a Class 4 felony, except that a violation of subsection (a)(6)
13is a Class 3 felony if the person making the false report knows
14or should know that the response to the report is the result of
15an act in furtherance of or an attempt in furtherance of the
16offense of intimidation, aggravated intimidation, computer
17tampering, aggravated computer tampering, identity theft, or
18aggravated identity theft, and a Class 1 felony if the person
19making the false report knows or should know that the response
20to the report is likely to cause death or great bodily harm and
21death or great bodily harm is sustained by any person as a
22result of the false report. A violation of subsection (a)(3) of
23this Section is a Class 3 felony, for which a fine of not less
24than $3,000 and no more than $10,000 shall be assessed in
25addition to any other penalty imposed.
26    A violation of subsection (a)(12) of this Section is a

 

 

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1Business Offense and shall be punished by a fine not to exceed
2$3,000. A second or subsequent violation of subsection (a)(7)
3or (a)(5) of this Section is a Class 4 felony. A third or
4subsequent violation of subsection (a)(11) of this Section is a
5Class 4 felony.
6    (c) In addition to any other sentence that may be imposed,
7a court shall order any person convicted of disorderly conduct
8to perform community service for not less than 30 and not more
9than 120 hours, if community service is available in the
10jurisdiction and is funded and approved by the county board of
11the county where the offense was committed. In addition,
12whenever any person is placed on supervision for an alleged
13offense under this Section, the supervision shall be
14conditioned upon the performance of the community service.
15    This subsection does not apply when the court imposes a
16sentence of incarceration.
17    (d) In addition to any other sentence that may be imposed,
18the court shall order any person convicted of disorderly
19conduct under paragraph (3) of subsection (a) involving a false
20alarm of a threat that a bomb or explosive device has been
21placed in a school to reimburse the unit of government that
22employs the emergency response officer or officers that were
23dispatched to the school for the cost of the search for a bomb
24or explosive device.
25    (e) In addition to any other sentence that may be imposed,
26the court shall order any person convicted of disorderly

 

 

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1conduct under paragraph (6) of subsection (a) to reimburse the
2public agency for the reasonable costs of the emergency
3response by the public agency up to $10,000. If the court
4determines that the person convicted of disorderly conduct
5under paragraph (6) of subsection (a) is indigent, the
6provisions of this subsection (e) do not apply.
7    (f) For the purposes of this Section, "emergency response"
8means any condition that results in, or could result in, the
9response of a public official in an authorized emergency
10vehicle, aircraft, or vessel, or any condition that jeopardizes
11or could jeopardize public safety and results in, or could
12result in, the evacuation of any area, building, structure,
13vehicle, or of any other place that any person may enter, or
14any incident requiring a response by a police officer, a
15firefighter, a State Fire Marshal employee, or an ambulance.
16(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
1799-180, eff. 7-29-15; 99-642, eff. 7-28-16.)