State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB0172eng

      720 ILCS 5/4-1            from Ch. 38, par. 4-1
          Amends the Criminal  Code  of  1961.   Makes  grammatical
      changes in Section defining "voluntary act".
                                                     LRB9000290RCks
HB0172 Engrossed                               LRB9000290RCks
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 26-1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Section 26-1 as follows:
 7        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
 8        Sec. 26-1.  Elements of the Offense.
 9        (a)  A  person  commits  disorderly   conduct   when   he
10    knowingly:
11             (1)  Does  any act in such unreasonable manner as to
12        alarm or disturb another and to provoke a breach  of  the
13        peace; or
14             (2)  Transmits  in any manner to the fire department
15        of any city, town, village or fire protection district  a
16        false  alarm  of  fire,  knowing  at  the  time  of  such
17        transmission  that  there  is  no  reasonable  ground for
18        believing that such fire exists; or
19             (3)  Transmits in any  manner  to  another  a  false
20        alarm to the effect that a bomb or other explosive of any
21        nature  is  concealed  in  such  place that its explosion
22        would endanger human life, knowing at the  time  of  such
23        transmission  that  there  is  no  reasonable  ground for
24        believing that such bomb or  explosive  is  concealed  in
25        such place; or
26             (4)  Transmits  in  any manner to any peace officer,
27        public officer or public employee a report to the  effect
28        that  an  offense has been committed, knowing at the time
29        of such transmission that there is no  reasonable  ground
30        for believing that such an offense has been committed; or
31             (5)  Enters  upon  the property of another and for a
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 1        lewd  or  unlawful  purpose  deliberately  looks  into  a
 2        dwelling on the property  through  any  window  or  other
 3        opening in it; or
 4             (6)  While  acting as a collection agency as defined
 5        in the "Collection Agency Act" or as an employee of  such
 6        collection  agency,  and  while  attempting to collect an
 7        alleged debt, makes  a  telephone  call  to  the  alleged
 8        debtor  which  is designed to harass, annoy or intimidate
 9        the alleged debtor; or
10             (7)  Transmits a false report to the  Department  of
11        Children  and  Family  Services  under  Section  4 of the
12        "Abused and Neglected Child Reporting Act"; or
13             (8)  Transmits a false report to the  Department  of
14        Public Health under the Nursing Home Care Act; or
15             (9)  Transmits   in   any   manner   to  the  police
16        department or fire department of any municipality or fire
17        protection district, or any privately owned and  operated
18        ambulance  service,  a  false  request  for an ambulance,
19        emergency  medical  technician-ambulance   or   emergency
20        medical technician-paramedic knowing at the time there is
21        no  reasonable  ground for believing that such assistance
22        is required; or
23             (10)  Transmits a false report under Article  II  of
24        "An  Act  in  relation to victims of violence and abuse",
25        approved September 16, 1984, as amended.
26        (b)  Sentence.
27        A violation of subsection (a) (1) of this  Section  is  a
28    Class C misdemeanor. A violation of subsection (a) (7) or (a)
29    (9)  of this Section is a Class A misdemeanor. A violation of
30    subsection (a) (4), (a) (5), (a) (8)  or  (a)  (10)  of  this
31    Section  is  a Class B misdemeanor. A violation of subsection
32    (a) (2), or (a) (3), or (a) (4) of this Section is a Class  4
33    felony.
34        A  violation  of  subsection (a) (6) of this Section is a
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 1    Business Offense and shall be  punished  by  a  fine  not  to
 2    exceed $3,000. A second or subsequent violation of (a) (7) of
 3    this Section is a Class 4 felony.
 4        (c)  In  addition  to  any  other  sentence  that  may be
 5    imposed,  a  court  shall  order  any  person  convicted   of
 6    disorderly  conduct to perform community service for not less
 7    than 30 and not more than 120 hours, if community service  is
 8    available  in  the jurisdiction and is funded and approved by
 9    the  county  board  of  the  county  where  the  offense  was
10    committed. In addition, whenever  any  person  is  placed  on
11    supervision  for  an  alleged offense under this Section, the
12    supervision shall be conditioned upon the performance of  the
13    community service.
14        This  subsection  does not apply when the court imposes a
15    sentence of incarceration.
16    (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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