Public Act 90-0456 of the 90th General Assembly
Public Act 90-0456
HB0172 Enrolled LRB9000290RCks
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Emergency Telephone System Act is amended
by changing Section 15.2 as follows:
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
Sec. 15.2. Any person calling the number "911" for the
purpose of making a false alarm or complaint and reporting
false information is subject to the provisions of Section
26-1 of the Criminal Code of 1961. Any person calling the
number "911" for the purpose of making a false alarm or
complaint and reporting false information which could result
in the emergency response of any public safety agency shall
be guilty of a Class B misdemeanor. Second and subsequent
violations of this Section shall be a Class A misdemeanor.
(Source: P.A. 85-1209.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 2-14 as follows:
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14. Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that
serious delay in the adjudication of abuse, neglect, or
dependency cases can cause grave harm to the minor and the
family and that it frustrates the best interests of the minor
and the effort to establish permanent homes for children in
need. The purpose of this Section is to insure that,
consistent with the federal Adoption Assistance and Child
Welfare Act of 1980, Public Law 96-272, as amended, and the
intent of this Act, the State of Illinois will act in a just
and speedy manner to determine the best interests of the
minor, including providing for the safety of the minor,
identifying families in need, reunifying families where it is
in the best interests of the minor, and, if reunification is
not in the best interests of the minor, finding another
permanent home for the minor.
(b) When a petition is filed alleging that the minor is
abused, neglected or dependent, an adjudicatory hearing shall
be commenced held within 90 days of the date of service of
process upon the minor, parents, any guardian and any legal
custodian. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to
ensure a fair hearing.
(c) Upon written motion of a party filed no later than
10 days prior to hearing, or upon the court's own motion and
only for good cause shown, the Court may continue the hearing
for a period not to exceed 30 days, and only if the
continuance is in the best interests of the minor. When the
court grants a continuance, it shall enter specific factual
findings to support its order, including factual findings
supporting the court's determination that the continuance is
in the best interests of the minor. Only one such continuance
shall be granted. A period of continuance for good cause as
described in this Section shall temporarily suspend as to all
parties, for the time of the delay, the period within which a
hearing must be held. On the day of the expiration of the
delay, the period shall continue at the point at which it was
suspended.
The term "good cause" as applied in this Section shall be
strictly construed and be in accordance with Supreme Court
Rule 231 (a) through (f). Neither stipulation by counsel nor
the convenience of any party constitutes good cause. If the
adjudicatory hearing is not heard within the time limits
required by subsection (b) or (c) of this Section, upon
motion by any party the petition shall be dismissed without
prejudice.
(d) The time limits of this Section may be waived only
by consent of all parties and approval by the court.
(e) For all cases filed before July 1, 1991, an
adjudicatory hearing must, be held within 180 days of July 1,
1991.
(Source: P.A. 88-7.)
Section 15. 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 is concealed in such
place that its explosion would endanger human life,
knowing at the time of such transmission that there is no
reasonable ground for believing that such bomb or
explosive 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.
(b) Sentence.
(1) A violation of subsection (a) (1) of this Section is
a Class C misdemeanor. A violation of subsection (a) (7),
(a)(11), or (a)(12) or (a) (9) of this Section is a Class A
misdemeanor. A violation of subsection (a) (4), (a) (5), (a)
(8) or (a) (10) of this Section is a Class B misdemeanor. A
violation of subsection (a) (2), or (a) (3), (a)(4), or
(a)(9) of this Section is a Class 4 felony.
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.
(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. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Section 108-8 as follows:
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the
officer executing the warrant to make entry without first
knocking and announcing his or her office if it finds, based
upon a showing of specific facts, the existence of the
following exigent circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
Upon a finding by the judge issuing the warrant that any of
the following exigent circumstances exist, the judge may
order the person executing the warrant to make entry without
first knocking and announcing his office:
(1) the presence of firearms or explosives in the
building in an area where they are accessible to any
occupant;
(2) the prior possession of firearms by an occupant of
the building within a reasonable period of time;
(3) the presence of surveillance equipment, such as
video cameras, or alarm systems, inside or outside of the
building;
(4) the presence of steel doors, wooden planking,
crossbars, dogs, or other similar means of preventing or
impeding entry into the building.
(Source: P.A. 87-522; 87-895.)