SB0064 EngrossedLRB097 02748 RLC 42770 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 17-2 and 32-5 as follows:
 
6    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
7    Sec. 17-2. False personation; use of title; solicitation;
8certain entities.
9    (a) A person commits a false personation when he or she
10falsely represents himself or herself to be a member or
11representative of any veterans' or public safety personnel
12organization or a representative of any charitable
13organization, or when any person exhibits or uses in any manner
14any decal, badge or insignia of any charitable, public safety
15personnel, or veterans' organization when not authorized to do
16so by the charitable, public safety personnel, or veterans'
17organization. "Public safety personnel organization" has the
18meaning ascribed to that term in Section 1 of the Solicitation
19for Charity Act.
20    (a-5) A person commits a false personation when he or she
21falsely represents himself or herself to be a veteran in
22seeking employment or public office. In this subsection,
23"veteran" means a person who has served in the Armed Services

 

 

SB0064 Engrossed- 2 -LRB097 02748 RLC 42770 b

1or Reserve Forces of the United States.
2    (a-6) A person commits a false personation when he or she
3falsely represents himself or herself to be a recipient of, or
4wears on his or her person, any of the following medals if that
5medal was not awarded to that person by the United States
6government, irrespective of branch of service: the
7Congressional Medal of Honor, the Distinguished Service Cross,
8the Navy Cross, the Air Force Cross, the Silver Star, the
9Bronze Star, or the Purple Heart.
10    It is a defense to a prosecution under this subsection
11(a-6) that the medal is used, or is intended to be used,
12exclusively:
13        (1) for a dramatic presentation, such as a theatrical,
14    film, or television production, or a historical
15    re-enactment; or
16        (2) for a costume worn, or intended to be worn, by a
17    person under 18 years of age.
18    (a-7) A person commits a false personation when he or she
19knowingly and falsely represents himself or herself to be:
20        (1) another actual person and does an act in such
21    assumed character with intent to intimidate, threaten,
22    injure, defraud, or to obtain a benefit from another; or
23        (2) a representative of an actual person or
24    organization and does an act in such false capacity with
25    intent to obtain a benefit or to injure or defraud another.
26    (b) No person shall use the words "Chicago Police,"

 

 

SB0064 Engrossed- 3 -LRB097 02748 RLC 42770 b

1"Chicago Police Department," "Chicago Patrolman," "Chicago
2Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
3any other words to the same effect in the title of any
4organization, magazine, or other publication without the
5express approval of the Chicago Police Board.
6    (b-5) No person shall use the words "Cook County Sheriff's
7Police" or "Cook County Sheriff" or any other words to the same
8effect in the title of any organization, magazine, or other
9publication without the express approval of the office of the
10Cook County Sheriff's Merit Board. The references to names and
11titles in this Section may not be construed as authorizing use
12of the names and titles of other organizations or public safety
13personnel organizations otherwise prohibited by this Section
14or the Solicitation for Charity Act.
15    (b-10) No person may use, in the title of any organization,
16magazine, or other publication, the words "officer", "peace
17officer", "police", "law enforcement", "trooper", "sheriff",
18"deputy", "deputy sheriff", or "state police" in combination
19with the name of any state, state agency, public university, or
20unit of local government without the express written
21authorization of that state, state agency, or unit of local
22government.
23    (c) (Blank).
24    (c-1) No person may claim or represent that he or she is
25acting on behalf of any police department, chief of a police
26department, fire department, chief of a fire department,

 

 

SB0064 Engrossed- 4 -LRB097 02748 RLC 42770 b

1sheriff's department, or sheriff when soliciting financial
2contributions or selling or delivering or offering to sell or
3deliver any merchandise, goods, services, memberships, or
4advertisements unless the chief of the police department, fire
5department, and the corporate or municipal authority thereof,
6or the sheriff has first entered into a written agreement with
7the person or with an organization with which the person is
8affiliated and the agreement permits the activity.
9    (c-2) No person, when soliciting financial contributions
10or selling or delivering or offering to sell or deliver any
11merchandise, goods, services, memberships, or advertisements
12may claim or represent that he or she is representing or acting
13on behalf of any nongovernmental organization by any name which
14includes "officer", "peace officer", "police", "law
15enforcement", "trooper", "sheriff", "deputy", "deputy
16sheriff", "State police", or any other word or words which
17would reasonably be understood to imply that the organization
18is composed of law enforcement personnel unless the person is
19actually representing or acting on behalf of the
20nongovernmental organization, and the nongovernmental
21organization is controlled by and governed by a membership of
22and represents a group or association of active duty peace
23officers, retired peace officers, or injured peace officers and
24before commencing the solicitation or the sale or the offers to
25sell any merchandise, goods, services, memberships, or
26advertisements, a written contract between the soliciting or

 

 

SB0064 Engrossed- 5 -LRB097 02748 RLC 42770 b

1selling person and the nongovernmental organization has been
2entered into.
3    (c-3) No person may solicit financial contributions or sell
4or deliver or offer to sell or deliver any merchandise, goods,
5services, memberships, or advertisements on behalf of a police,
6sheriff, or other law enforcement department unless that person
7is actually representing or acting on behalf of the department
8or governmental organization and has entered into a written
9contract with the police chief, or head of the law enforcement
10department, and the corporate or municipal authority thereof,
11or the sheriff, which specifies and states clearly and fully
12the purposes for which the proceeds of the solicitation,
13contribution, or sale will be used.
14    (c-4) No person, when soliciting financial contributions
15or selling or delivering or offering to sell or deliver any
16merchandise, goods, services, memberships, or advertisements,
17may claim or represent that he or she is representing or acting
18on behalf of any nongovernmental organization by any name which
19includes the term "fireman", "fire fighter", "paramedic", or
20any other word or words which would reasonably be understood to
21imply that the organization is composed of fire fighter or
22paramedic personnel unless the person is actually representing
23or acting on behalf of the nongovernmental organization, and
24the nongovernmental organization is controlled by and governed
25by a membership of and represents a group or association of
26active duty, retired, or injured fire fighters (for the

 

 

SB0064 Engrossed- 6 -LRB097 02748 RLC 42770 b

1purposes of this Section, "fire fighter" has the meaning
2ascribed to that term in Section 2 of the Illinois Fire
3Protection Training Act) or active duty, retired, or injured
4emergency medical technicians - ambulance, emergency medical
5technicians - intermediate, emergency medical technicians -
6paramedic, ambulance drivers, or other medical assistance or
7first aid personnel, and before commencing the solicitation or
8the sale or delivery or the offers to sell or deliver any
9merchandise, goods, services, memberships, or advertisements,
10a written contract between the soliciting or selling person and
11the nongovernmental organization has been entered into.
12    (c-5) No person may solicit financial contributions or sell
13or deliver or offer to sell or deliver any merchandise, goods,
14services, memberships, or advertisements on behalf of a
15department or departments of fire fighters unless that person
16is actually representing or acting on behalf of the department
17or departments and has entered into a written contract with the
18department chief and corporate or municipal authority thereof
19which specifies and states clearly and fully the purposes for
20which the proceeds of the solicitation, contribution, or sale
21will be used.
22    (c-6) No person may claim or represent that he or she is an
23airman, airline employee, airport employee, or contractor at an
24airport in order to obtain the uniform, identification card,
25license, or other identification paraphernalia of an airman,
26airline employee, airport employee, or contractor at an

 

 

SB0064 Engrossed- 7 -LRB097 02748 RLC 42770 b

1airport.
2    (d) Sentence. False personation, unapproved use of a name
3or title, or solicitation in violation of subsection (a), (b),
4(b-5), or (b-10) of this Section is a Class C misdemeanor.
5False personation in violation of subsections (a-5), (a-7), and
6(c-6) is a Class A misdemeanor. False personation in violation
7of subsection (a-6) of this Section is a petty offense for
8which the offender shall be fined at least $100 and not
9exceeding $200. Engaging in any activity in violation of
10subsection (c-1), (c-2), (c-3), (c-4), or (c-5) of this Section
11is a Class 4 felony.
12    (e) A violation of this Section may be accomplished in
13person or by any means of communication, including but not
14limited to the use of an Internet website or any form of
15electronic communication.
16(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
 
17    (720 ILCS 5/32-5)  (from Ch. 38, par. 32-5)
18    Sec. 32-5. False personation of attorney, judicial, or
19governmental officials.
20    (a) A person who falsely represents himself or herself to
21be an attorney authorized to practice law for purposes of
22compensation or consideration commits a Class 4 felony. This
23subsection (a) does not apply to a person who unintentionally
24fails to pay attorney registration fees established by Supreme
25Court Rule.

 

 

SB0064 Engrossed- 8 -LRB097 02748 RLC 42770 b

1    (b) A person who falsely represents himself or herself to
2be a public officer or a public employee or an official or
3employee of the federal government commits a Class A
4misdemeanor. If the false representation is made in furtherance
5of the commission of a felony, the penalty for a violation of
6this subsection (b) is a Class 4 felony.
7    (b-5) The trier of fact may infer that a person falsely
8represents himself or herself to be a public officer or a
9public employee or an official or employee of the federal
10government if the person:
11        (1) wears or displays without authority any uniform,
12    badge, insignia, or facsimile thereof by which a public
13    officer or public employee or official or employee of the
14    federal government is lawfully distinguished; or
15        (2) falsely expresses by word or action that he or she
16    is a public officer or public employee or official or
17    employee of the federal government and is acting with
18    approval or authority of a public agency or department.
19    (c) A person who falsely represents himself or herself to
20be a public officer or a public employee commits a Class 4
21felony if that false representation was for the purpose of
22effectuating identity theft as defined in Section 16G-15 of
23this Code.
24(Source: P.A. 94-985, eff. 1-1-07; 95-324, eff. 1-1-08; 95-625,
25eff. 6-1-08; 95-876, eff. 8-21-08.)