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90_HB1670eng 720 ILCS 5/17-2 from Ch. 38, par. 17-2 Amends the Criminal Code of 1961. Makes it a Class 4 felony for a person to claim or represent that he or she is acting on behalf of any police department, fire department, or sheriff's department when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, or services unless the chief of the police department or fire department or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity. Effective immediately. LRB9004760WHmg HB1670 Engrossed LRB9004760WHmg 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 17-2. 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 17-2 as follows: 7 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2) 8 Sec. 17-2. False personation; use of title; 9 solicitation; certain entities.Impersonating Veteran,10Member of Police, Fraternal or Veterans' Organization, or11Representative of Charitable Organization - Use of Words12"Chicago Police" etc. - Sentence.13 (a) A person commits a false personation when he or she 14 falsely represents himself or herself to be a member or 15 representative of any police, fraternal or veteran's 16 organization, including but not limited to the Illinois 17 Police Association or the Illinois Sheriffs' Association, or 18 a representative of any charitable organization, or when any 19 person exhibits or uses in any manner any decal, badge or 20 insignia of any police organization, including but not 21 limited to the Illinois Sheriffs' Association, when not 22 authorized to do so by such police organization. 23 (a-5) A person commits a false personation when he or 24 she falsely represents himself or herself to be a veteran in 25 seeking employment or public office. In this subsection, 26 "veteran" means a person who has served in the Armed Services 27 or Reserved Forces of the United States. 28 (b) No person shall use the words "Chicago Police," 29 "Chicago Police Department," "Chicago Patrolman," "Chicago 30 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or 31 any other words to the same effect in the title of any HB1670 Engrossed -2- LRB9004760WHmg 1 organization, magazine, or other publication without the 2 express approval of the Chicago Police Board. 3 (c) No person may solicit advertisements to appear in 4 any firefighters', law enforcement or police officers' 5 magazine, journal or other publication without first having 6 obtained a current certificate of qualification from the 7 Illinois Attorney General. Upon the presentation of proof 8 that the applicant does in fact represent a legitimate and 9 bona fide firefighters', law enforcement or police officers' 10 publication, the Attorney General may issue to the applicant 11 a certificate of qualification to solicit advertisements on 12 behalf of such publication. The Attorney General shall 13 prescribe forms and promulgate rules governing the making of 14 applications and the certification of persons under this 15 subsection. 16 (c-5) No person may knowingly claim or represent that he 17 or she is acting on behalf of any police department, chief of 18 a police department, fire department, chief of a fire 19 department, sheriff's department, or sheriff when soliciting 20 financial contributions or selling or delivering or offering 21 to sell or deliver any merchandise, goods, or services unless 22 the chief of the police department or fire department or the 23 sheriff has first entered into a written agreement with the 24 person or with an organization with which the person is 25 affiliated and the agreement permits the activity. 26 (c-10) No person, when soliciting financial contributions 27 or selling or delivering or offering to sell or deliver any 28 merchandise, goods, or services, may knowingly claim or 29 represent that he or she is representing or acting on behalf 30 of any nongovernmental organization by any name which 31 includes, but is not limited to, the term "officer", "peace 32 officer", "police", "law enforcement", "sheriff", "deputy", 33 "deputy sheriff", or "State police" which would reasonably be 34 understood to imply that the organization is composed of law HB1670 Engrossed -3- LRB9004760WHmg 1 enforcement personnel unless the person is actually 2 representing or acting on behalf of the nongovernmental 3 organization and either of the following conditions is met: 4 (i) The nongovernmental organization represents a 5 group or association of active duty peace officers, 6 retired peace officers, or injured peace officers (for 7 purposes of this Section, "peace officer" has the meaning 8 ascribed to that term in Section 2-13) and the majority 9 of the net proceeds of the contributions, sales, or 10 deliveries are devoted to the purposes of the 11 organization; or 12 (ii) Before commencing the solicitations or the 13 sales or deliveries of or the offers to sell or deliver 14 any merchandise, goods, or services, the nongovernmental 15 organization enters into a written contract with a chief 16 of a police department, a police department, a sheriff, 17 a sheriff's department, a unit of local government, or a 18 group or association of active duty peace officers, 19 retired peace officers, or injured peace officers (for 20 purposes of this Section, "peace officer" has the meaning 21 ascribed to that term in Section 2-13) and the contract 22 contains a requirement that the majority of the net 23 proceeds of the contributions, sales, or deliveries shall 24 be devoted to the purposes or benefit of the police 25 department, sheriff's department, unit of local 26 government, or group or association of active duty peace 27 officers. 28 (d) Sentence. False personation, unapproved use of a 29 name or title, or solicitation in violation of subsections 30 (a) and (b) of this Section is a Class C misdemeanor. False 31 personation in violation of subsection (a-5) is a Class A 32 misdemeanor. Solicitation in violation of subsection (c) of 33 this Section is a Class A misdemeanor. A second or 34 subsequent conviction for a violation of subsection (c) of HB1670 Engrossed -4- LRB9004760WHmg 1 this Section committed after the first conviction is a Class 2 4 felony. Engaging in any activity in violation of 3 subsection (c-5) or (c-10) of this Section is a Class 4 4 felony. 5 (Source: P.A. 89-324, eff. 8-13-95.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.