|
||||
Public Act 096-0772 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 26-1 as follows:
| ||||
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| ||||
Sec. 26-1. Elements of the Offense.
| ||||
(a) A person commits disorderly conduct when he knowingly:
| ||||
(1) Does any act in such unreasonable manner as to | ||||
alarm or disturb
another and to provoke a breach of the | ||||
peace; or
| ||||
(2) Transmits or causes to be transmitted in any manner | ||||
to the fire
department of any city,
town, village or fire | ||||
protection district a false alarm of fire, knowing
at the | ||||
time of such transmission that there is no reasonable | ||||
ground for
believing that such fire exists; or
| ||||
(3) Transmits or causes to be transmitted in any manner | ||||
to another a
false alarm to the effect that a bomb or other | ||||
explosive of any nature or a
container holding poison gas, | ||||
a deadly biological or chemical contaminant, or
| ||||
radioactive substance is concealed in such place that its | ||||
explosion or release
would endanger human life, knowing at | ||||
the time of such transmission that there
is no reasonable |
ground for believing that such bomb, explosive or a | ||
container
holding poison gas, a deadly biological or | ||
chemical contaminant, or radioactive
substance is | ||
concealed in such place; or
| ||
(4) Transmits or causes to be transmitted in any manner | ||
to any peace
officer, public officer or public employee a | ||
report to the effect that an
offense will be committed, is | ||
being committed, or has been committed, knowing
at the time | ||
of such transmission that there is no reasonable ground for
| ||
believing that such an offense will be committed, is being | ||
committed, or has
been committed; or
| ||
(5) Enters upon the property of another and for a lewd | ||
or unlawful
purpose deliberately looks into a dwelling on | ||
the property through any
window or other opening in it; or
| ||
(6) While acting as a collection agency as defined in | ||
the
"Collection Agency Act" or as an employee of such | ||
collection agency, and
while attempting to collect an | ||
alleged debt, makes a telephone call to
the alleged debtor | ||
which is designed to harass, annoy or intimidate the
| ||
alleged debtor; or
| ||
(7) Transmits or causes to be transmitted a false | ||
report to the
Department of Children and Family Services | ||
under Section 4 of the "Abused and
Neglected Child | ||
Reporting Act"; or
| ||
(8) Transmits or causes to be transmitted a false | ||
report to the
Department of Public Health under the Nursing |
Home Care Act; or
| ||
(9) Transmits or causes to be transmitted in any manner | ||
to the police
department or fire department of any | ||
municipality or fire protection district,
or any privately | ||
owned and operated ambulance service, a false request for | ||
an
ambulance, emergency medical technician-ambulance or | ||
emergency medical
technician-paramedic knowing at the time | ||
there is no reasonable ground for
believing that such | ||
assistance is required; or
| ||
(10) Transmits or causes to be transmitted a false | ||
report under
Article II of "An Act in relation to victims | ||
of violence and abuse",
approved September 16, 1984, as | ||
amended; or
| ||
(11) Transmits or causes to be transmitted a false | ||
report to any public
safety agency without the reasonable | ||
grounds necessary to believe that
transmitting such a | ||
report is necessary for the safety and welfare of the
| ||
public; or
| ||
(12) Calls the number "911" for the purpose of making | ||
or transmitting a
false alarm or complaint and reporting | ||
information when, at the time the call
or transmission is | ||
made, the person knows there is no reasonable ground for
| ||
making the call or transmission and further knows that the | ||
call or transmission
could result in the emergency response | ||
of any public safety agency ; or .
| ||
(13) Transmits or causes to be transmitted a threat of |
destruction of a school building or school property, or a | ||
threat of violence, death, or bodily harm directed against | ||
persons at a school, school function, or school event, | ||
whether or not school is in session. | ||
(b) Sentence. A violation of subsection (a)(1) of this | ||
Section
is a Class C misdemeanor. A violation of subsection | ||
(a)(5), (a)(11),
or (a)(12) of this Section is a Class A | ||
misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | ||
this Section is a Class B misdemeanor. A violation of
| ||
subsection (a)(2), (a)(4), (a)(7), or (a)(9) , or (a)(13) of | ||
this Section is a Class 4
felony. A
violation of subsection | ||
(a)(3) of this Section is a Class 3 felony, for which
a fine of | ||
not less than $3,000 and no more than $10,000 shall be assessed | ||
in
addition to any other penalty imposed.
| ||
A violation of subsection (a)(6) of this Section is a | ||
Business Offense and
shall be punished by a fine not to exceed | ||
$3,000. A second or subsequent
violation of subsection (a)(7), | ||
(a)(11), or (a)(12) of this Section is a Class
4 felony. A | ||
third or subsequent violation of subsection (a)(5) of this | ||
Section
is a Class 4 felony.
| ||
(c) In addition to any other sentence that may be imposed, | ||
a court shall
order any person convicted of disorderly conduct | ||
to perform community service
for not less than 30 and not more | ||
than 120 hours, if community service is
available in the | ||
jurisdiction and is funded and approved by the county board of
| ||
the county where the offense was committed. In addition, |
whenever any person
is placed on supervision for an alleged | ||
offense under this Section, the
supervision shall be | ||
conditioned upon the performance of the community service.
| ||
This subsection does not apply when the court imposes a | ||
sentence of
incarceration.
| ||
(Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | ||
93-431, eff. 8-5-03.)
|