State of Illinois
90th General Assembly
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90_HB3138

      720 ILCS 5/17-2           from Ch. 38, par. 17-2
          Amends the Criminal Code of 1961.  Provides that it is  a
      Class  4  felony  to  use  or  incorporate  under the phrases
      "Police",  "Auxiliary  Police",   "Police   Department",   or
      "Sheriff's  Department"  or  to  provide  police  services in
      conjunction with the name  of  a  unit  of  local  government
      without the express written permission of the governing board
      of  the  unit  of  local government whose name is being used.
      Penalty is a Class 4 felony.  Effective immediately.
                                                    LRB9007715RCksA
                                              LRB9007715RCksA
 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.  Impersonating  Veteran,  Member  of  Police,
 9    Fraternal  or  Veterans'  Organization,  or Representative of
10    Charitable Organization - Use of Words "Chicago Police"  etc.
11    - Sentence.
12        (a)  A  person commits a false personation when he or she
13    falsely represents himself or herself to be a member  of  any
14    police,  fraternal  or  veteran's organization, including the
15    Illinois Police  Association,  or  a  representative  of  any
16    charitable  organization, or when any person exhibits or uses
17    in any manner any decal, badge  or  insignia  of  any  police
18    organization  when  not  authorized  to  do so by such police
19    organization.
20        (a-5)  A person commits a false personation  when  he  or
21    she  falsely represents himself or herself to be a veteran in
22    seeking employment or  public  office.  In  this  subsection,
23    "veteran" means a person who has served in the Armed Services
24    or Reserved Forces of the United States.
25        (b)  No  person  shall  use  the  words "Chicago Police,"
26    "Chicago Police Department,"  "Chicago  Patrolman,"  "Chicago
27    Sergeant,"  "Chicago  Lieutenant," "Chicago Peace Officer" or
28    any other words to the  same  effect  in  the  title  of  any
29    organization,  magazine,  or  other  publication  without the
30    express approval of the Chicago Police Board.
31        (c)  No person may solicit advertisements  to  appear  in
                            -2-               LRB9007715RCksA
 1    any   firefighters',  law  enforcement  or  police  officers'
 2    magazine, journal or other publication without  first  having
 3    obtained  a  current  certificate  of  qualification from the
 4    Illinois Attorney General.  Upon the  presentation  of  proof
 5    that  the  applicant  does in fact represent a legitimate and
 6    bona fide firefighters', law enforcement or police  officers'
 7    publication,  the Attorney General may issue to the applicant
 8    a certificate of qualification to solicit  advertisements  on
 9    behalf  of  such  publication.   The  Attorney  General shall
10    prescribe forms and promulgate rules governing the making  of
11    applications  and  the  certification  of  persons under this
12    subsection.
13        (c-5)  No  person  or  persons  shall  use,   incorporate
14    themselves  under,  denote  themselves by, or name themselves
15    with a title which consists of, in whole or in part,  any  of
16    the  words  or  phrases "Police", "Auxiliary Police", "Police
17    Department", or "Sheriff's  Department", in conjunction  with
18    the  name  of any incorporated municipality, county, or other
19    unit  of  local  government,  without  the  express   written
20    permission  of  the  governing  board  of  the  unit of local
21    government whose name is being used.
22        (c-10)  It is unlawful for any person to  provide  police
23    services,  or  to  make  it  a  business  to  provide  police
24    services,  in any incorporated municipality, county, or other
25    unit of local government, under  the  name  of  any  existing
26    police  force  operated  by  any  incorporated  municipality,
27    county,  or  other  unit  of  local  government,  without the
28    express written permission of the governing board of the unit
29    of local government whose name is being used.
30        (d)  Sentence. False personation,  unapproved  use  of  a
31    name  or  title,  or solicitation in violation of subsections
32    (a) and (b) of this Section is a Class C misdemeanor.   False
33    personation  in  violation  of  subsection (a-5) is a Class A
34    misdemeanor.  Solicitation in violation of subsection (c)  of
                            -3-               LRB9007715RCksA
 1    this   Section  is  a  Class  A  misdemeanor.   A  second  or
 2    subsequent conviction for a violation of  subsection  (c)  of
 3    this  Section committed after the first conviction is a Class
 4    4 felony.  A violation of subsection (c-5)  or  (c-10)  is  a
 5    Class 4 felony.
 6    (Source: P.A. 89-324, eff. 8-13-95.)
 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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