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Public Act 097-0219
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| SB0064 Enrolled | LRB097 02748 RLC 42770 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Sections 17-2 and 32-5 as follows:
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(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
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Sec. 17-2. False personation; use of title; solicitation; |
certain
entities. |
(a) A person commits a false personation when he or she |
falsely represents
himself or herself to be a member or |
representative of any
veterans' or public safety personnel |
organization
or a representative of
any charitable |
organization, or when any person exhibits or uses in any manner
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any decal, badge or insignia of any
charitable, public safety |
personnel, or veterans' organization
when not authorized to
do |
so by the
charitable, public safety personnel, or veterans' |
organization.
"Public safety personnel organization" has the |
meaning ascribed to that term
in Section 1 of the Solicitation |
for Charity Act.
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(a-5) A person commits a false personation when he or she |
falsely
represents himself or herself to be a veteran in |
seeking employment or
public office.
In this subsection, |
"veteran" means a person who has served in the
Armed Services |
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or Reserve
Forces of the United States.
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(a-6) A person commits a false personation when he or she |
falsely represents himself or herself to be a recipient of, or |
wears on his or her person, any of the following medals if that |
medal was not awarded to that person by the United States |
government, irrespective of branch of service: the |
Congressional Medal of Honor, the Distinguished Service Cross, |
the Navy Cross, the Air Force Cross, the Silver Star, the |
Bronze Star, or the Purple Heart.
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It is a defense to a prosecution under this subsection |
(a-6) that the medal is used, or is intended to be used, |
exclusively:
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(1) for a dramatic presentation, such as a theatrical, |
film, or television production, or a historical |
re-enactment; or
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(2) for a costume worn, or intended to be worn, by a |
person under 18 years of age.
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(a-7) A person commits a false personation when he or she |
knowingly and falsely represents himself or herself to be: |
(1) another actual person and does an act in such |
assumed character with intent to intimidate, threaten, |
injure, defraud, or to obtain a benefit from another; or |
(2) a representative of an actual person or |
organization and does an act in such false capacity with |
intent to obtain a benefit or to injure or defraud another. |
(b) No person shall use the words "Chicago Police," |
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"Chicago Police
Department," "Chicago Patrolman," "Chicago
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Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
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any other words to the same effect in the title
of any |
organization, magazine, or other publication without the |
express
approval of the Chicago Police Board.
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(b-5) No person shall use the words "Cook County Sheriff's |
Police" or
"Cook County Sheriff" or any other words to the same |
effect in the title of any
organization, magazine, or other |
publication without the express approval of
the office of the |
Cook County Sheriff's Merit Board. The references to names
and |
titles in
this
Section may not be construed as authorizing use |
of the names and titles of
other organizations or public safety |
personnel organizations otherwise
prohibited by this Section |
or the Solicitation for Charity Act.
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(b-10) No person may use, in the title of any organization,
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magazine, or other publication, the words "officer", "peace
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officer", "police", "law enforcement", "trooper", "sheriff",
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"deputy", "deputy sheriff", or "state police" in combination |
with the name of any state, state agency, public university, or |
unit of local government without the express written |
authorization of that state, state agency, or unit of local |
government.
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(c) (Blank).
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(c-1) No person may claim or represent that he or she is |
acting on behalf
of
any police
department, chief of a police |
department, fire department, chief of a fire
department, |
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sheriff's
department, or sheriff when soliciting financial |
contributions or selling or
delivering or offering
to sell or |
deliver any merchandise, goods, services, memberships, or
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advertisements unless the
chief of the police department, fire |
department, and the
corporate or municipal authority thereof,
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or the sheriff has first
entered into a written
agreement with |
the person or with an organization with which the person is
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affiliated and the
agreement permits the activity.
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(c-2) No person, when soliciting financial contributions |
or selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
advertisements |
may claim
or represent that he or she is representing or acting |
on behalf of any
nongovernmental
organization by any name which |
includes "officer", "peace officer", "police",
"law
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enforcement", "trooper", "sheriff", "deputy", "deputy |
sheriff", "State police",
or any other word
or words which |
would reasonably be understood to imply that the organization |
is
composed of
law enforcement personnel unless the person is |
actually representing or acting
on behalf of the
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nongovernmental organization, and the nongovernmental |
organization is
controlled by and
governed by a membership of |
and represents a group or association of active
duty peace |
officers,
retired peace officers, or injured peace officers and |
before commencing the
solicitation or the
sale or the offers to |
sell any merchandise, goods, services, memberships, or
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advertisements, a
written contract between the soliciting or |
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selling person and the
nongovernmental
organization has been |
entered into.
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(c-3) No person may solicit financial contributions or sell |
or deliver or
offer to sell or
deliver any merchandise, goods, |
services, memberships, or advertisements on
behalf of a police,
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sheriff, or other law enforcement department unless that person |
is actually
representing or acting
on behalf of the department |
or governmental organization and has entered into a
written |
contract
with the police chief, or head of the law enforcement |
department,
and the corporate or
municipal authority thereof, |
or the sheriff, which specifies and states clearly
and fully |
the purposes for which
the proceeds of the solicitation, |
contribution, or sale will be used.
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(c-4) No person, when soliciting financial contributions |
or selling or
delivering or
offering to sell or deliver any |
merchandise, goods, services, memberships, or
advertisements,
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may claim or represent that he or she is representing or acting |
on behalf of
any nongovernmental
organization by any name which |
includes the term "fireman", "fire fighter",
"paramedic", or |
any
other word or words which would reasonably be understood to |
imply that the
organization is
composed of fire fighter or |
paramedic personnel unless the person is actually
representing |
or
acting on behalf of the nongovernmental organization, and |
the nongovernmental
organization is
controlled by and governed |
by a membership of and represents a group or
association of |
active
duty, retired, or injured fire fighters (for the |
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purposes of this Section,
"fire fighter" has the
meaning |
ascribed to that term in Section 2 of the Illinois Fire |
Protection
Training Act)
or active duty, retired, or injured |
emergency medical technicians - ambulance,
emergency
medical |
technicians - intermediate, emergency medical technicians - |
paramedic,
ambulance
drivers, or other medical assistance or |
first aid personnel, and before
commencing the solicitation
or |
the sale or delivery or the offers to sell or deliver any |
merchandise,
goods, services,
memberships, or advertisements, |
a written contract between the soliciting
or selling person
and |
the nongovernmental organization has been entered into.
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(c-5) No person may solicit financial contributions or sell |
or deliver or
offer to sell or
deliver any merchandise, goods, |
services, memberships, or advertisements on
behalf of a
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department or departments of fire fighters unless that person |
is actually
representing or acting on
behalf of the department |
or departments and has entered into a written contract
with the
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department chief and corporate or municipal authority thereof |
which specifies
and states clearly
and fully the purposes for |
which the proceeds of the solicitation,
contribution, or sale |
will be
used.
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(c-6) No person may claim or represent that he or she is an |
airman, airline employee, airport employee, or contractor at an |
airport in order to obtain the uniform, identification card, |
license, or other identification paraphernalia of an airman, |
airline employee, airport employee, or contractor at an |
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airport.
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(d) Sentence. False personation, unapproved use of a name |
or title,
or solicitation in violation of subsection (a), (b), |
(b-5), or (b-10)
of
this Section is a Class C misdemeanor. |
False personation in violation of
subsections (a-5), (a-7), and |
(c-6) is a Class A misdemeanor.
False personation in violation |
of subsection (a-6) of this Section is a petty offense for |
which the offender shall be fined at least $100 and not |
exceeding $200. Engaging in any activity in violation of |
subsection (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section |
is a Class 4 felony. |
(e) A violation of this Section may be accomplished in |
person or by any means of communication, including but not |
limited to the use of an Internet website or any form of |
electronic communication.
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(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
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(720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
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Sec. 32-5. False
personation of attorney, judicial, or |
governmental officials. |
(a) A person who falsely represents himself or herself to |
be an attorney
authorized to practice law for purposes of |
compensation or consideration
commits a Class 4 felony. This |
subsection (a) does not apply to a person who
unintentionally |
fails to pay attorney registration fees established by Supreme
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Court Rule.
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(b) A person who falsely represents himself or herself to |
be a public
officer or a public employee or an official or |
employee of the federal government commits a Class A
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misdemeanor. If the false representation is made in furtherance |
of the commission of a felony, the penalty for a violation of |
this subsection (b) is a Class 4 felony. |
(b-5) The trier of fact may infer that a person falsely |
represents himself or herself to be a public officer or a |
public employee or an official or employee of the federal |
government if the person: |
(1) wears or displays without authority any uniform, |
badge, insignia, or facsimile thereof by which a public |
officer or public employee or official or employee of the |
federal government is lawfully distinguished; or |
(2) falsely expresses by word or action that he or she |
is a public officer or public employee or official or |
employee of the federal government and is acting with |
approval or authority of a public agency or department.
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(c) A person who falsely represents himself or herself to |
be a public
officer or a public employee commits a Class 4 |
felony if that false representation was for the purpose of |
effectuating identity theft as defined in Section 16G-15 of |
this Code.
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(Source: P.A. 94-985, eff. 1-1-07; 95-324, eff. 1-1-08; 95-625, |
eff. 6-1-08; 95-876, eff. 8-21-08.)
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