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91_SB0404enr
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 11-9 and 26-1.
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 Sections 11-9 and 26-1 as follows:
7 (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
8 Sec. 11-9. Public indecency.
9 (a) Any person of the age of 17 years and upwards who
10 performs any of the following acts in a public place commits
11 a public indecency:
12 (1) An act of sexual penetration or sexual conduct
13 as defined in Section 12-12 of this Code; or
14 (2) A lewd exposure of the body done with intent to
15 arouse or to satisfy the sexual desire of the person.
16 Breast-feeding of infants is not an act of public
17 indecency.
18 (b) "Public place" for purposes of this Section means
19 any place where the conduct may reasonably be expected to be
20 viewed by others.
21 (c) Sentence.
22 Public indecency is a Class A misdemeanor. A person
23 convicted of a third or subsequent violation for public
24 indecency is guilty of a Class 4 felony.
25 (Source: P.A. 89-59, eff. 1-1-96.)
26 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
27 Sec. 26-1. Elements of the Offense.
28 (a) A person commits disorderly conduct when he
29 knowingly:
30 (1) Does any act in such unreasonable manner as to
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1 alarm or disturb another and to provoke a breach of the
2 peace; or
3 (2) Transmits or causes to be transmitted in any
4 manner to the fire department of any city, town, village
5 or fire protection district a false alarm of fire,
6 knowing at the time of such transmission that there is no
7 reasonable ground for believing that such fire exists; or
8 (3) Transmits or causes to be transmitted in any
9 manner to another a false alarm to the effect that a bomb
10 or other explosive of any nature is concealed in such
11 place that its explosion would endanger human life,
12 knowing at the time of such transmission that there is no
13 reasonable ground for believing that such bomb or
14 explosive is concealed in such place; or
15 (4) Transmits or causes to be transmitted in any
16 manner to any peace officer, public officer or public
17 employee a report to the effect that an offense will be
18 committed, is being committed, or has been committed,
19 knowing at the time of such transmission that there is no
20 reasonable ground for believing that such an offense will
21 be committed, is being committed, or has been committed;
22 or
23 (5) Enters upon the property of another and for a
24 lewd or unlawful purpose deliberately looks into a
25 dwelling on the property through any window or other
26 opening in it; or
27 (6) While acting as a collection agency as defined
28 in the "Collection Agency Act" or as an employee of such
29 collection agency, and while attempting to collect an
30 alleged debt, makes a telephone call to the alleged
31 debtor which is designed to harass, annoy or intimidate
32 the alleged debtor; or
33 (7) Transmits or causes to be transmitted a false
34 report to the Department of Children and Family Services
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1 under Section 4 of the "Abused and Neglected Child
2 Reporting Act"; or
3 (8) Transmits or causes to be transmitted a false
4 report to the Department of Public Health under the
5 Nursing Home Care Act; or
6 (9) Transmits or causes to be transmitted in any
7 manner to the police department or fire department of any
8 municipality or fire protection district, or any
9 privately owned and operated ambulance service, a false
10 request for an ambulance, emergency medical
11 technician-ambulance or emergency medical
12 technician-paramedic knowing at the time there is no
13 reasonable ground for believing that such assistance is
14 required; or
15 (10) Transmits or causes to be transmitted a false
16 report under Article II of "An Act in relation to victims
17 of violence and abuse", approved September 16, 1984, as
18 amended; or
19 (11) Transmits or causes to be transmitted a false
20 report to any public safety agency without the reasonable
21 grounds necessary to believe that transmitting such a
22 report is necessary for the safety and welfare of the
23 public; or
24 (12) Calls the number "911" for the purpose of
25 making or transmitting a false alarm or complaint and
26 reporting information when, at the time the call or
27 transmission is made, the person knows there is no
28 reasonable ground for making the call or transmission and
29 further knows that the call or transmission could result
30 in the emergency response of any public safety agency.
31 (b) Sentence.
32 (1) A violation of subsection (a) (1) of this Section is
33 a Class C misdemeanor. A violation of subsection (a)(5), (a)
34 (7), (a)(11), or (a)(12) of this Section is a Class A
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1 misdemeanor. A violation of subsection (a) (5), (a) (8) or
2 (a) (10) of this Section is a Class B misdemeanor. A
3 violation of subsection (a) (2), (a) (3), (a)(4), or (a)(9)
4 of this Section is a Class 4 felony.
5 A violation of subsection (a) (6) of this Section is a
6 Business Offense and shall be punished by a fine not to
7 exceed $3,000. A second or subsequent violation of subsection
8 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
9 felony. A third or subsequent violation of subsection (a)(5)
10 of this Section is a Class 4 felony.
11 (c) In addition to any other sentence that may be
12 imposed, a court shall order any person convicted of
13 disorderly conduct to perform community service for not less
14 than 30 and not more than 120 hours, if community service is
15 available in the jurisdiction and is funded and approved by
16 the county board of the county where the offense was
17 committed. In addition, whenever any person is placed on
18 supervision for an alleged offense under this Section, the
19 supervision shall be conditioned upon the performance of the
20 community service.
21 This subsection does not apply when the court imposes a
22 sentence of incarceration.
23 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
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