State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB3648

 
                                               LRB9210129EGfg

 1        AN ACT to  re-enact  a  portion  of  Public  Act  90-456,
 2    relating to criminal law.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1. Findings; validation.
 6        (a)  Public Act 90-456, effective January  1,  1998,  was
 7    entitled "An Act in relation to criminal law.".  It contained
 8    provisions  amending  the  Criminal Code of 1961, the Code of
 9    Criminal Procedure  of  1963,  and  the  Emergency  Telephone
10    System  Act,  all  pertaining to the subject of criminal law.
11    It also contained a  provision  amending  subsection  (b)  of
12    Section  2-14  of the Juvenile Court Act of 1987, relating to
13    the commencement of civil  adjudicatory  hearings  in  abuse,
14    neglect, and dependency cases.
15        (b)  The  Illinois  Supreme  Court,  in People v. Sypien,
16    Docket No.  89265,  has  ruled  that  the  inclusion  of  the
17    amendment  to  the  Juvenile  Court  Act of 1987 violated the
18    single subject clause of the Illinois  Constitution  (Article
19    IV,  Section  8(d)),  and that Public Act 90-456 is therefore
20    unconstitutional in its entirety.
21        (c)  This Act re-enacts Section  15.2  of  the  Emergency
22    Telephone  System  Act,  Section 26-1 of the Criminal Code of
23    1961, and Section 108-8 of the Code of Criminal Procedure  of
24    1963.   The  text of those Sections includes both the changes
25    made by Public Act 90-456 and, where applicable, changes made
26    by subsequent amendments.  In order to avoid  confusion  with
27    the  changes made by subsequent amendments, the Sections that
28    are re-enacted in this Act are shown as existing text  (i.e.,
29    without striking and underscoring).  This Act is not intended
30    to supersede any other Public Act that amends the text of any
31    of the re-enacted Sections as set forth in this Act.
32        (d)  All   otherwise  lawful  actions  taken  before  the
 
                            -2-                LRB9210129EGfg
 1    effective date of this Act in  reliance  on  or  pursuant  to
 2    Section  108-8  of the Code of Criminal Procedure of 1963, as
 3    set forth in Public Act 90-456, by any officer, employee,  or
 4    agency of State or local government or by any other person or
 5    entity, are hereby validated.
 6        (e)  The re-enactment by this Act of Section 108-8 of the
 7    Code of Criminal Procedure of 1963 applies to warrants issued
 8    or  executed  on  or  after  the effective date of Public Act
 9    90-456 (January 1, 1998),  as  well  as  warrants  issued  or
10    executed on or after the effective date of this Act.

11        Section 5.  The Emergency Telephone System Act is amended
12    by re-enacting Section 15.2 as follows:

13        (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
14        Sec.  15.2.   Any person calling the number "911" for the
15    purpose of making a false alarm or  complaint  and  reporting
16    false  information  is  subject  to the provisions of Section
17    26-1 of the Criminal Code of 1961.
18    (Source: P.A. 90-456, eff. 1-1-98.)

19        Section 10.  The Criminal Code  of  1961  is  amended  by
20    re-enacting Section 26-1 as follows:

21        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
22        Sec. 26-1.  Elements of the Offense.
23        (a)  A   person   commits   disorderly  conduct  when  he
24    knowingly:
25             (1)  Does any act in such unreasonable manner as  to
26        alarm  or  disturb another and to provoke a breach of the
27        peace; or
28             (2)  Transmits or causes to be  transmitted  in  any
29        manner  to the fire department of any city, town, village
30        or fire  protection  district  a  false  alarm  of  fire,
 
                            -3-                LRB9210129EGfg
 1        knowing at the time of such transmission that there is no
 2        reasonable ground for believing that such fire exists; or
 3             (3)  Transmits  or  causes  to be transmitted in any
 4        manner to another a false alarm to the effect that a bomb
 5        or other explosive of any nature or a  container  holding
 6        poison  gas, a deadly biological or chemical contaminant,
 7        or radioactive substance is concealed in such place  that
 8        its  explosion  or  release  would  endanger  human life,
 9        knowing at the time of such transmission that there is no
10        reasonable ground for believing that such bomb, explosive
11        or a container holding poison gas, a deadly biological or
12        chemical  contaminant,  or   radioactive   substance   is
13        concealed in such place; or
14             (4)  Transmits  or  causes  to be transmitted in any
15        manner to any peace officer,  public  officer  or  public
16        employee  a  report to the effect that an offense will be
17        committed, is being committed,  or  has  been  committed,
18        knowing at the time of such transmission that there is no
19        reasonable ground for believing that such an offense will
20        be  committed, is being committed, or has been committed;
21        or
22             (5)  Enters upon the property of another and  for  a
23        lewd  or  unlawful  purpose  deliberately  looks  into  a
24        dwelling  on  the  property  through  any window or other
25        opening in it; or
26             (6)  While acting as a collection agency as  defined
27        in  the "Collection Agency Act" or as an employee of such
28        collection agency, and while  attempting  to  collect  an
29        alleged  debt,  makes  a  telephone  call  to the alleged
30        debtor which is designed to harass, annoy  or  intimidate
31        the alleged debtor; or
32             (7)  Transmits  or  causes to be transmitted a false
33        report to the Department of Children and Family  Services
34        under  Section  4  of  the  "Abused  and  Neglected Child
 
                            -4-                LRB9210129EGfg
 1        Reporting Act"; or
 2             (8)  Transmits or causes to be transmitted  a  false
 3        report  to  the  Department  of  Public  Health under the
 4        Nursing Home Care Act; or
 5             (9)  Transmits or causes to be  transmitted  in  any
 6        manner to the police department or fire department of any
 7        municipality   or   fire   protection  district,  or  any
 8        privately owned and operated ambulance service,  a  false
 9        request    for    an    ambulance,    emergency   medical
10        technician-ambulance      or      emergency       medical
11        technician-paramedic  knowing  at  the  time  there is no
12        reasonable ground for believing that such  assistance  is
13        required; or
14             (10)  Transmits  or causes to be transmitted a false
15        report under Article II of "An Act in relation to victims
16        of violence and abuse", approved September 16,  1984,  as
17        amended; or
18             (11)  Transmits  or causes to be transmitted a false
19        report to any public safety agency without the reasonable
20        grounds necessary to believe  that  transmitting  such  a
21        report  is  necessary  for  the safety and welfare of the
22        public; or
23             (12)  Calls the number  "911"  for  the  purpose  of
24        making  or  transmitting  a  false alarm or complaint and
25        reporting information when,  at  the  time  the  call  or
26        transmission  is  made,  the  person  knows  there  is no
27        reasonable ground for making the call or transmission and
28        further knows that the call or transmission could  result
29        in the emergency response of any public safety agency.
30          (b)  Sentence.   A  violation  of  subsection (a)(1) of
31    this Section is  a  Class  C  misdemeanor.   A  violation  of
32    subsection  (a)(5),  (a)(7),  (a)(11),  or  (a)(12)  of  this
33    Section  is a Class A misdemeanor.  A violation of subsection
34    (a)(8) or (a)(10) of this Section is a Class  B  misdemeanor.
 
                            -5-                LRB9210129EGfg
 1    A  violation  of subsection (a)(2), (a)(4), or (a)(9) of this
 2    Section is a Class  4  felony.   A  violation  of  subsection
 3    (a)(3)  of this Section is a Class 3 felony, for which a fine
 4    of not less than $3,000 and no more  than  $10,000  shall  be
 5    assessed in addition to any other penalty imposed.
 6        A  violation  of  subsection  (a)(6) of this Section is a
 7    Business Offense and shall be  punished  by  a  fine  not  to
 8    exceed   $3,000.    A   second  or  subsequent  violation  of
 9    subsection (a)(7), (a)(11), or (a)(12) of this Section  is  a
10    Class   4   felony.   A  third  or  subsequent  violation  of
11    subsection (a)(5) of this Section is a Class 4 felony.
12        (c)  In addition  to  any  other  sentence  that  may  be
13    imposed,   a  court  shall  order  any  person  convicted  of
14    disorderly conduct to perform community service for not  less
15    than  30 and not more than 120 hours, if community service is
16    available in the jurisdiction and is funded and  approved  by
17    the  county  board  of  the  county  where  the  offense  was
18    committed.   In  addition,  whenever  any person is placed on
19    supervision for an alleged offense under  this  Section,  the
20    supervision  shall be conditioned upon the performance of the
21    community service.
22        This subsection does not apply when the court  imposes  a
23    sentence of incarceration.
24    (Source:  P.A.  90-456,  eff.  1-1-98;  91-115,  eff. 1-1-00;
25    91-121, eff. 7-15-99; 92-16, eff. 6-28-01.)

26        Section 15.  The Code of Criminal Procedure  of  1963  is
27    amended by re-enacting Section 108-8 as follows:

28        (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
29        Sec. 108-8. Use of force in execution of search warrant.
30        (a)  All  necessary  and  reasonable force may be used to
31    effect an entry into any building or property or part thereof
32    to execute a search warrant.
 
                            -6-                LRB9210129EGfg
 1        (b)  The  court  issuing  a  warrant  may  authorize  the
 2    officer executing the warrant to  make  entry  without  first
 3    knocking  and announcing his or her office if it finds, based
 4    upon a showing  of  specific  facts,  the  existence  of  the
 5    following exigent circumstances:
 6             (1)  That  the  officer  reasonably believes that if
 7        notice were given a weapon would be used:
 8                  (i)  against the officer executing  the  search
 9             warrant; or
10                  (ii)  against another person.
11             (2)  That  if notice were given there is an imminent
12        "danger" that evidence will be destroyed.
13    (Source: P.A. 90-456, eff. 1-1-98.)

14        Section 99. Effective date.  This Act takes  effect  upon
15    becoming law.

[ Top ]