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| Public Act 101-0238 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-705 as follows:
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(705 ILCS 405/5-705)
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Sec. 5-705. Sentencing hearing; evidence; continuance.
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(1) In this subsection (1), "violent crime" has the same | ||||
meaning ascribed to the term in subsection (c) of Section 3 of | ||||
the Rights of Crime Victims and Witnesses Act. At the | ||||
sentencing hearing, the court shall determine whether it is in
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the best interests of the minor or the public that he or she be | ||||
made a ward of
the
court, and, if he or she is to be made a ward | ||||
of the court, the court shall
determine
the proper disposition | ||||
best serving the interests of the minor and the public.
All | ||||
evidence helpful in determining these questions,
including | ||||
oral and written reports, may be admitted and may be relied | ||||
upon to
the extent of its probative value, even though not | ||||
competent for the purposes
of the trial. A crime victim shall | ||||
be allowed to present an oral or written statement, as | ||||
guaranteed by Article I, Section 8.1 of the Illinois | ||||
Constitution and as provided in Section 6 of the Rights of | ||||
Crime Victims and Witnesses Act, in any case in which: (a) a | ||||
juvenile has been adjudicated delinquent for a violent crime | ||
after a bench or jury trial; or (b) the petition alleged the | ||
commission of a violent crime and the juvenile has been | ||
adjudicated delinquent under a plea agreement of a crime that | ||
is not a violent crime. The court shall allow a victim to make | ||
an oral statement if the victim is present in the courtroom and | ||
requests to make an oral statement. An oral statement includes | ||
the victim or a representative of the victim reading the | ||
written statement. The court may allow persons impacted by the | ||
crime who are not victims under subsection (a) of Section 3 of | ||
the Rights of Crime Victims and Witnesses Act to present an | ||
oral or written statement. A victim and any person making an | ||
oral statement shall not be put under oath or subject to | ||
cross-examination. A record of a prior continuance under | ||
supervision
under Section 5-615, whether successfully | ||
completed or not, is admissible at
the
sentencing hearing. No | ||
order of commitment to the Department of Juvenile Justice shall | ||
be entered against a minor before a written report of
social | ||
investigation, which has been completed within the previous 60 | ||
days, is
presented to and considered by the court.
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(2) Once a party has been served in compliance with Section | ||
5-525, no
further service or notice must be given to that party | ||
prior to proceeding to a
sentencing hearing. Before
imposing | ||
sentence the court shall advise the State's Attorney and
the | ||
parties who are present or their counsel of the factual | ||
contents and the
conclusions of the reports prepared for the | ||
use of the court and considered by
it, and afford fair | ||
opportunity, if requested, to controvert them. Factual
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contents, conclusions, documents and sources disclosed by the | ||
court under this
paragraph shall not be further disclosed | ||
without the express approval of the
court.
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(3) On its own motion or that of the State's Attorney, a | ||
parent, guardian,
legal custodian, or counsel, the court may | ||
adjourn the hearing for a reasonable
period to receive reports | ||
or other evidence and, in such event, shall make an
appropriate | ||
order for detention of
the minor or his or her release from | ||
detention subject to supervision by the
court
during the period | ||
of the continuance. In the event the court shall order
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detention hereunder, the period of the continuance shall not | ||
exceed 30 court
days. At the end of such time, the court shall | ||
release the minor from
detention unless notice is served at | ||
least 3 days prior to the hearing on the
continued date that | ||
the State will be seeking an extension of the period of
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detention, which notice shall state the reason for the request | ||
for the
extension. The extension of detention may be for a | ||
maximum period of an
additional 15 court days or a lesser | ||
number of days at the discretion of the
court. However, at the | ||
expiration of the period of extension, the court shall
release | ||
the minor from detention if a further continuance is granted. | ||
In
scheduling
investigations and hearings, the court shall give | ||
priority to proceedings in
which a minor is in detention or has | ||
otherwise been removed from his or her
home
before a sentencing | ||
order has been made.
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(4) When commitment to the Department of Juvenile Justice | ||
is
ordered, the court shall state the basis for selecting the | ||
particular
disposition, and the court shall prepare such a | ||
statement for inclusion in the
record.
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(5) Before a sentencing order is entered by the court under | ||
Section 5-710 for a minor adjudged delinquent for a violation | ||
of paragraph (3.5) of subsection (a) of Section 26-1 of the | ||
Criminal Code of 2012, in which the minor made a threat of | ||
violence, death, or bodily harm against a person, school, | ||
school function, or school event, the court may order a mental | ||
health evaluation of the minor by a physician,
clinical | ||
psychologist, or qualified examiner, whether employed
by the | ||
State, by any public or private mental health facility or part | ||
of the facility,
or by any public or private medical facility | ||
or part of the facility. A statement made by a minor during the | ||
course of a
mental health evaluation conducted under this | ||
subsection (5) is not admissible on the issue of delinquency | ||
during the course of
an adjudicatory hearing held under this | ||
Act. Neither the physician, clinical psychologist, qualified | ||
examiner, or his or her employer shall be held criminally, | ||
civilly, or professionally liable for performing a mental | ||
health examination under this subsection (5), except for | ||
willful or wanton misconduct. In this subsection (5), | ||
"qualified examiner" has the meaning provided in Section
1-122 | ||
of the Mental Health and Developmental Disabilities Code. | ||
(Source: P.A. 100-961, eff. 1-1-19.)
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Section 10. The Criminal Code of 2012 is amended by | ||
changing Section 26-1 as follows:
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(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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Sec. 26-1. Disorderly conduct.
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(a) A person commits disorderly conduct when he or she | ||
knowingly:
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(1) Does any act in such unreasonable manner as to | ||
alarm or disturb
another and to provoke a breach of the | ||
peace;
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(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 the transmission that there is no reasonable ground | ||
for
believing that the fire exists;
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(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
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radioactive substance is concealed in a place where its | ||
explosion or release
would endanger human life, knowing at | ||
the time of the transmission that there
is no reasonable | ||
ground for believing that the bomb, explosive or a | ||
container
holding poison gas, a deadly biological or | ||
chemical contaminant, or radioactive
substance is | ||
concealed in the place;
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(3.5) Transmits or causes to be transmitted in any | ||
manner 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; | ||
(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 the transmission that there is no reasonable ground for
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believing that the offense will be committed, is being | ||
committed, or has
been committed;
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(5) Transmits or causes to be transmitted in any manner | ||
a false report to any public
safety agency without the | ||
reasonable grounds necessary to believe that
transmitting | ||
the report is necessary for the safety and welfare of the
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public; or
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(6) Calls the number "911" or transmits or causes to be | ||
transmitted in any manner to a public safety agency 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;
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(7) Transmits or causes to be transmitted in any manner | ||
a false report to the
Department of Children and Family | ||
Services under Section 4 of the Abused and
Neglected Child | ||
Reporting Act;
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(8) Transmits or causes to be transmitted in any manner | ||
a false report to the
Department of Public Health under the | ||
Nursing Home Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, | ||
or the MC/DD Act;
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(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 the | ||
assistance is required;
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(10) Transmits or causes to be transmitted in any | ||
manner a false report under
Article II of Public Act | ||
83-1432;
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(11) 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
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(12) While acting as a collection agency as defined in | ||
the
Collection Agency Act or as an employee of the | ||
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
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alleged debtor.
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(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) 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)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) 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.
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A violation of subsection (a)(12) 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)(5) of this Section is a Class
4 felony. A third or | ||
subsequent violation of subsection (a)(11) of this Section
is a | ||
Class 4 felony.
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(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
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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.
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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 that requires an emergency response 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 response. If the court determines that the | ||
person convicted of disorderly conduct that requires an | ||
emergency response to a school is indigent, the provisions of | ||
this subsection (d) do not apply search for a bomb or explosive | ||
device. | ||
(e) In addition to any other sentence that may be imposed, | ||
the court shall
order any person convicted of disorderly | ||
conduct under paragraph (3.5) or (6) of subsection (a) to | ||
reimburse the public agency for the reasonable costs of the | ||
emergency response by the public agency up to $10,000. If the | ||
court determines that the person convicted of disorderly | ||
conduct under paragraph (3.5) or (6) of subsection (a) is | ||
indigent, the provisions of this subsection (e) do not apply. | ||
(f) For the purposes of this Section, "emergency response" | ||
means any condition that results in, or could result in, the | ||
response of a public official in an authorized emergency | ||
vehicle, any condition that jeopardizes or could jeopardize | ||
public safety and results in, or could result in, the | ||
evacuation of any area, building, structure, vehicle, or of any | ||
other place that any person may enter, or any incident | ||
requiring a response by a police officer, a firefighter, a | ||
State Fire Marshal employee, or an ambulance. | ||
(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | ||
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) | ||