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90_HB1670eng
720 ILCS 5/17-2 from Ch. 38, par. 17-2
Amends the Criminal Code of 1961. Makes it a Class 4
felony for a person to claim or represent that he or she is
acting on behalf of any police department, fire department,
or sheriff's department when soliciting financial
contributions or selling or delivering or offering to sell or
deliver any merchandise, goods, or services unless the chief
of the police department or fire department or the sheriff
has first entered into a written agreement with the person or
with an organization with which the person is affiliated and
the agreement permits the activity. Effective immediately.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 17-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 17-2 as follows:
7 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
8 Sec. 17-2. False personation; use of title;
9 solicitation; certain entities. Impersonating Veteran,
10 Member of Police, Fraternal or Veterans' Organization, or
11 Representative of Charitable Organization - Use of Words
12 "Chicago Police" etc. - Sentence.
13 (a) A person commits a false personation when he or she
14 falsely represents himself or herself to be a member or
15 representative of any police, fraternal or veteran's
16 organization, including but not limited to the Illinois
17 Police Association or the Illinois Sheriffs' Association, or
18 a representative of any charitable organization, or when any
19 person exhibits or uses in any manner any decal, badge or
20 insignia of any police organization, including but not
21 limited to the Illinois Sheriffs' Association, when not
22 authorized to do so by such police organization.
23 (a-5) A person commits a false personation when he or
24 she falsely represents himself or herself to be a veteran in
25 seeking employment or public office. In this subsection,
26 "veteran" means a person who has served in the Armed Services
27 or Reserved Forces of the United States.
28 (b) No person shall use the words "Chicago Police,"
29 "Chicago Police Department," "Chicago Patrolman," "Chicago
30 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
31 any other words to the same effect in the title of any
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1 organization, magazine, or other publication without the
2 express approval of the Chicago Police Board.
3 (c) No person may solicit advertisements to appear in
4 any firefighters', law enforcement or police officers'
5 magazine, journal or other publication without first having
6 obtained a current certificate of qualification from the
7 Illinois Attorney General. Upon the presentation of proof
8 that the applicant does in fact represent a legitimate and
9 bona fide firefighters', law enforcement or police officers'
10 publication, the Attorney General may issue to the applicant
11 a certificate of qualification to solicit advertisements on
12 behalf of such publication. The Attorney General shall
13 prescribe forms and promulgate rules governing the making of
14 applications and the certification of persons under this
15 subsection.
16 (c-5) No person may knowingly claim or represent that he
17 or she is acting on behalf of any police department, chief of
18 a police department, fire department, chief of a fire
19 department, sheriff's department, or sheriff when soliciting
20 financial contributions or selling or delivering or offering
21 to sell or deliver any merchandise, goods, or services unless
22 the chief of the police department or fire department or the
23 sheriff has first entered into a written agreement with the
24 person or with an organization with which the person is
25 affiliated and the agreement permits the activity.
26 (c-10) No person, when soliciting financial contributions
27 or selling or delivering or offering to sell or deliver any
28 merchandise, goods, or services, may knowingly claim or
29 represent that he or she is representing or acting on behalf
30 of any nongovernmental organization by any name which
31 includes, but is not limited to, the term "officer", "peace
32 officer", "police", "law enforcement", "sheriff", "deputy",
33 "deputy sheriff", or "State police" which would reasonably be
34 understood to imply that the organization is composed of law
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1 enforcement personnel unless the person is actually
2 representing or acting on behalf of the nongovernmental
3 organization and either of the following conditions is met:
4 (i) The nongovernmental organization represents a
5 group or association of active duty peace officers,
6 retired peace officers, or injured peace officers (for
7 purposes of this Section, "peace officer" has the meaning
8 ascribed to that term in Section 2-13) and the majority
9 of the net proceeds of the contributions, sales, or
10 deliveries are devoted to the purposes of the
11 organization; or
12 (ii) Before commencing the solicitations or the
13 sales or deliveries of or the offers to sell or deliver
14 any merchandise, goods, or services, the nongovernmental
15 organization enters into a written contract with a chief
16 of a police department, a police department, a sheriff,
17 a sheriff's department, a unit of local government, or a
18 group or association of active duty peace officers,
19 retired peace officers, or injured peace officers (for
20 purposes of this Section, "peace officer" has the meaning
21 ascribed to that term in Section 2-13) and the contract
22 contains a requirement that the majority of the net
23 proceeds of the contributions, sales, or deliveries shall
24 be devoted to the purposes or benefit of the police
25 department, sheriff's department, unit of local
26 government, or group or association of active duty peace
27 officers.
28 (d) Sentence. False personation, unapproved use of a
29 name or title, or solicitation in violation of subsections
30 (a) and (b) of this Section is a Class C misdemeanor. False
31 personation in violation of subsection (a-5) is a Class A
32 misdemeanor. Solicitation in violation of subsection (c) of
33 this Section is a Class A misdemeanor. A second or
34 subsequent conviction for a violation of subsection (c) of
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1 this Section committed after the first conviction is a Class
2 4 felony. Engaging in any activity in violation of
3 subsection (c-5) or (c-10) of this Section is a Class 4
4 felony.
5 (Source: P.A. 89-324, eff. 8-13-95.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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