State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_HB0172ham001

                                             LRB9000290WHpcam
 1                     AMENDMENT TO HOUSE BILL 172
 2        AMENDMENT NO.     .  Amend House Bill  172  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend the Criminal Code of 1961 by changing
 5    Section 26-1."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.  The  Criminal  Code  of  1961 is amended by
 9    changing Section 26-1 as follows:
10        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
11        Sec. 26-1.  Elements of the Offense.
12        (a)  A  person  commits  disorderly   conduct   when   he
13    knowingly:
14             (1)  Does  any act in such unreasonable manner as to
15        alarm or disturb another and to provoke a breach  of  the
16        peace; or
17             (2)  Transmits  in any manner to the fire department
18        of any city, town, village or fire protection district  a
19        false  alarm  of  fire,  knowing  at  the  time  of  such
20        transmission  that  there  is  no  reasonable  ground for
21        believing that such fire exists; or
                            -2-              LRB9000290WHpcam
 1             (3)  Transmits in any  manner  to  another  a  false
 2        alarm to the effect that a bomb or other explosive of any
 3        nature  is  concealed  in  such  place that its explosion
 4        would endanger human life, knowing at the  time  of  such
 5        transmission  that  there  is  no  reasonable  ground for
 6        believing that such bomb or  explosive  is  concealed  in
 7        such place; or
 8             (4)  Transmits  in  any manner to any peace officer,
 9        public officer or public employee a report to the  effect
10        that  an  offense has been committed, knowing at the time
11        of such transmission that there is no  reasonable  ground
12        for believing that such an offense has been committed; or
13             (5)  Enters  upon  the property of another and for a
14        lewd  or  unlawful  purpose  deliberately  looks  into  a
15        dwelling on the property  through  any  window  or  other
16        opening in it; or
17             (6)  While  acting as a collection agency as defined
18        in the "Collection Agency Act" or as an employee of  such
19        collection  agency,  and  while  attempting to collect an
20        alleged debt, makes  a  telephone  call  to  the  alleged
21        debtor  which  is designed to harass, annoy or intimidate
22        the alleged debtor; or
23             (7)  Transmits a false report to the  Department  of
24        Children  and  Family  Services  under  Section  4 of the
25        "Abused and Neglected Child Reporting Act"; or
26             (8)  Transmits a false report to the  Department  of
27        Public Health under the Nursing Home Care Act; or
28             (9)  Transmits   in   any   manner   to  the  police
29        department or fire department of any municipality or fire
30        protection district, or any privately owned and  operated
31        ambulance  service,  a  false  request  for an ambulance,
32        emergency  medical  technician-ambulance   or   emergency
33        medical technician-paramedic knowing at the time there is
34        no  reasonable  ground for believing that such assistance
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 1        is required; or
 2             (10)  Transmits a false report under Article  II  of
 3        "An  Act  in  relation to victims of violence and abuse",
 4        approved September 16, 1984, as amended.
 5        (b)  Sentence.
 6        A violation of subsection (a) (1) of this  Section  is  a
 7    Class C misdemeanor. A violation of subsection (a) (7) or (a)
 8    (9)  of this Section is a Class A misdemeanor. A violation of
 9    subsection (a) (4), (a) (5), (a) (8)  or  (a)  (10)  of  this
10    Section  is  a Class B misdemeanor. A violation of subsection
11    (a) (2), or (a) (3), or (a) (4) of this Section is a Class  4
12    felony.
13        A  violation  of  subsection (a) (6) of this Section is a
14    Business Offense and shall be  punished  by  a  fine  not  to
15    exceed $3,000. A second or subsequent violation of (a) (7) of
16    this Section is a Class 4 felony.
17        (c)  In  addition  to  any  other  sentence  that  may be
18    imposed,  a  court  shall  order  any  person  convicted   of
19    disorderly  conduct to perform community service for not less
20    than 30 and not more than 120 hours, if community service  is
21    available  in  the jurisdiction and is funded and approved by
22    the  county  board  of  the  county  where  the  offense  was
23    committed. In addition, whenever  any  person  is  placed  on
24    supervision  for  an  alleged offense under this Section, the
25    supervision shall be conditioned upon the performance of  the
26    community service.
27        This  subsection  does not apply when the court imposes a
28    sentence of incarceration.
29    (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.".

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