Senate Sponsors: RADOGNO-HAWKINSON-PARKER, PHILIP, MAHAR, BOMKE, WATSON, LUECHTEFELD, DUDYCZ AND MOLARO. House Sponsors: BURKE-LYONS,EILEEN-ZICKUS-POE-MCKEON Short description: OBSCENE COMMUNICATIONS-PENALTY Synopsis of Bill as introduced: Amends the Obscene Phone Call Act. Changes short title to the Harassing and Obscene Communications Act. Creates the offense of harassment through electronic communications. Provides that the court may order a person convicted under the Act to submit to psychiatric examination. Requires the court to impose a minimum of 14 days in jail or 240 hours of public service employment upon an offender who commits a second or third violation. Provides that certain violations are Class 4 felonies. Provides for the seizure and forfeiture of telephonic or electronic communications equipment used in the commission of an offense prohibited by the Act. Amends the Criminal Code of 1961 to change a cross reference from the Obscene Phone Call Act to the Harassing and Obscene Communications Act. SENATE AMENDMENT NO. 1. Deletes from definition of harassment through electronic communications, making a comment, request, suggestion, or proposal with an intent to offend that is lewd, lascivious, filthy, or indecent. CORRECTIONAL NOTE SB 9 would have minimal population and fiscal impact on DOC. JUDICIAL NOTE There may be an increase in judicial workloads; it is not possible to determine impact on the number of judges needed. STATE MANDATES FISCAL NOTE (DCCA) SB 9 fails to create a State mandate. FISCAL NOTE (Dpt. Corrections) No change from correctional note. FISCAL NOTE, H-AM 2 (Dpt. Corrections) No change from previous DOC fiscal note. CORRECTIONAL NOTE, H-AM 2 No change from previous correctional note. JUDICIAL NOTE, H-AM 2 No change from previous judicial note. STATE MANDATES FISCAL NOTE, H-AM 2 (DCCA) No change from previous mandates note. FISCAL NOTE, H-AM 3 (Dpt. Corrections) No change from previous DOC fiscal note. STATE MANDATES FISCAL NOTE, H-AM 3 (DCCA) No change from previous mandates note. HOME RULE NOTE, H-AM 3 SB9, amended by H-am 3, does not preempt home rule authority. CORRECTIONAL NOTE, H-AM 3 No change from previous correctional note. JUDICIAL NOTE, H-AM 3 No change from previous judicial notes. HOUSE AMENDMENT NO. 2. Deletes reference to: 720 ILCS 135/3 new Deletes the rebuttable presumption provision in the Harassing and Obsence Communications Act and the provisions relating to the seizure and forfeiture of electronic communications equipment. Provide that evidence that a defendant made additional telephone calls or engaged in additional electronic communications after having been requested by a named complainant or by a family or household member of the complainant to stop may be considered as evidence of an intent to harass unless disproved by evidence to the contrary. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends clarifying that the Class A and B misdemeanor viola- tions do not apply if the circumstances to impose a Class 4 felony sentence are applicable. Also changes reference from "public service employment" to "public or community service". Provides that a sentence of public or community service shall be imposed only if public or community service has been established in the county in which the offender was convicted. Adds a June 1, 1998 effective date. Last action on Bill: PUBLIC ACT.............................. 90-0578 Last action date: 98-04-20 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status