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91_HB4427
LRB9111729RCpk
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 or she
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 or causes to be transmitted in any
15 manner to the fire department of any city, town, village
16 or fire protection district a false alarm of fire,
17 knowing at the time of such transmission that there is no
18 reasonable ground for believing that such fire exists; or
19 (3) Transmits or causes to be transmitted in any
20 manner to another a false alarm to the effect that a bomb
21 or other explosive of any nature or a container holding
22 poison gas, a deadly biological or chemical contaminant,
23 or radioactive substance is concealed in such place that
24 its explosion or release would endanger human life,
25 knowing at the time of such transmission that there is no
26 reasonable ground for believing that such bomb, explosive
27 or a container holding poison gas, a deadly biological or
28 chemical contaminant, or radioactive substance is
29 concealed in such place; or
30 (4) Transmits or causes to be transmitted in any
31 manner to any peace officer, public officer or public
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1 employee a report to the effect that an offense will be
2 committed, is being committed, or has been committed,
3 knowing at the time of such transmission that there is no
4 reasonable ground for believing that such an offense will
5 be committed, is being committed, or has been committed;
6 or
7 (5) Enters upon the property of another and for a
8 lewd or unlawful purpose deliberately looks into a
9 dwelling on the property through any window or other
10 opening in it; or
11 (6) While acting as a collection agency as defined
12 in the "Collection Agency Act" or as an employee of such
13 collection agency, and while attempting to collect an
14 alleged debt, makes a telephone call to the alleged
15 debtor which is designed to harass, annoy or intimidate
16 the alleged debtor; or
17 (7) Transmits or causes to be transmitted a false
18 report to the Department of Children and Family Services
19 under Section 4 of the "Abused and Neglected Child
20 Reporting Act"; or
21 (8) Transmits or causes to be transmitted a false
22 report to the Department of Public Health under the
23 Nursing Home Care Act; or
24 (9) Transmits or causes to be transmitted in any
25 manner to the police department or fire department of any
26 municipality or fire protection district, or any
27 privately owned and operated ambulance service, a false
28 request for an ambulance, emergency medical
29 technician-ambulance or emergency medical
30 technician-paramedic knowing at the time there is no
31 reasonable ground for believing that such assistance is
32 required; or
33 (10) Transmits or causes to be transmitted a false
34 report under Article II of "An Act in relation to victims
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1 of violence and abuse", approved September 16, 1984, as
2 amended; or
3 (11) Transmits or causes to be transmitted a false
4 report to any public safety agency without the reasonable
5 grounds necessary to believe that transmitting such a
6 report is necessary for the safety and welfare of the
7 public; or
8 (12) Calls the number "911" for the purpose of
9 making or transmitting a false alarm or complaint and
10 reporting information when, at the time the call or
11 transmission is made, the person knows there is no
12 reasonable ground for making the call or transmission and
13 further knows that the call or transmission could result
14 in the emergency response of any public safety agency;
15 or.
16 (13) Uses a cellular radio telecommunication device
17 in a restaurant, except in areas of the restaurant
18 designated by the proprietor of the restaurant. For
19 purposes of this paragraph (13):
20 (i) "Cellular radio telecommunication device"
21 means any wireless device used to transmit or
22 receive telephonic communications.
23 (ii) "Proprietor" means any individual or his
24 or her designated agent who by virtue of his or her
25 position, authority, or duties has legal or
26 administrative responsibility for the use or
27 operation of the restaurant.
28 (iii) "Restaurant" means any public place kept,
29 used, maintained, advertised, and held out to the
30 public as a place where meals are served, and where
31 meals are actually and regularly served, without
32 sleeping accommodations; the facility being provided
33 with adequate and sanitary kitchen and dining room
34 equipment and capacity and having employed in the
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1 place a sufficient number and kind of employees to
2 prepare, cook, and serve suitable food for its
3 guests.
4 (iv) "Wireless device" includes any type of
5 instrument, device, machine, or equipment that is
6 capable of transmitting or receiving telephonic,
7 electronic, or radio communications, or any part of
8 that instrument, device, machine, or equipment, or
9 any computer circuit, computer chip, electronic
10 mechanism, or other component that is capable of
11 facilitating the transmission or reception of
12 telephonic, electronic, or radio communications.
13 (b) Sentence. (1) A violation of subsection (a)(1) of
14 this Section is a Class C misdemeanor. A violation of
15 subsection (a)(5), (a)(7), (a)(11), or (a)(12) of this
16 Section is a Class A misdemeanor. A violation of subsection
17 (a)(8) or (a)(10) of this Section is a Class B misdemeanor.
18 A violation of subsection (a)(2), (a)(4), or (a)(9) of this
19 Section is a Class 4 felony. A violation of subsection
20 (a)(3) of this Section is a Class 3 felony, for which a fine
21 of not less than $3,000 and no more than $10,000 shall be
22 assessed in addition to any other penalty imposed.
23 A violation of subsection (a)(6) or (a)(13) of this
24 Section is a business offense and shall be punished by a fine
25 not to exceed $3,000. A second or subsequent violation of
26 subsection (a)(7), (a)(11), or (a)(12) of this Section is a
27 Class 4 felony. A third or subsequent violation of
28 subsection (a)(5) of this Section is a Class 4 felony.
29 (c) In addition to any other sentence that may be
30 imposed, a court shall order any person convicted of
31 disorderly conduct to perform community service for not less
32 than 30 and not more than 120 hours, if community service is
33 available in the jurisdiction and is funded and approved by
34 the county board of the county where the offense was
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1 committed. In addition, whenever any person is placed on
2 supervision for an alleged offense under this Section, the
3 supervision shall be conditioned upon the performance of the
4 community service.
5 This subsection does not apply when the court imposes a
6 sentence of incarceration.
7 (Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00;
8 91-121, eff. 7-15-99; revised 10-7-99.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.