Illinois General Assembly - Full Text of Public Act 096-1261
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Public Act 096-1261


 

Public Act 1261 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1261
 
HB6101 EnrolledLRB096 20279 RLC 36551 b

    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)
    (Text of Section after amendment by P.A. 96-339)
    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 the MR/DD Community 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) or , (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), (a)(9), (a)(12), 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)
or , (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.
    (d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device. For the purposes of this Section,
"emergency response" means any incident requiring a response by
a police officer, a firefighter, a State Fire Marshal employee,
or an ambulance.
(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;
96-772, eff. 1-1-10; revised 9-25-09.)

Effective Date: 1/1/2011