Public Act 098-1125
 
SB3538 EnrolledLRB098 19359 RLC 55393 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Section 17-2 as follows:
 


    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)




    Sec. 17-2. False personation; solicitation.
    (a) False personation; solicitation.
        (1) A person commits a false personation when he or she 
    knowingly and falsely represents
himself or herself to be a 
    member or representative of any
veterans' or public safety 
    personnel organization
or a representative of
any 
    charitable organization, or when he or she knowingly 
    exhibits or uses in any manner
any decal, badge or insignia 
    of any
charitable, public safety personnel, or veterans' 
    organization
when not authorized to
do so by the

    charitable, public safety personnel, or veterans' 
    organization.
"Public safety personnel organization" has 
    the meaning ascribed to that term
in Section 1 of the 
    Solicitation for Charity Act.

        (2) A person commits a false personation when he or she 
    knowingly and falsely
represents himself or herself to be a 
    veteran in seeking employment or
public office.
In this 
    paragraph, "veteran" means a person who has served in the

    Armed Services or Reserve
 Forces of the United States.

        (2.5) A person commits a false personation when he or 
    she knowingly and falsely represents himself or herself to 
    be:
            (A) another actual person and does an act in such 
        assumed character with intent to intimidate, threaten, 
        injure, defraud, or to obtain a benefit from another; 
        or
            (B) a representative of an actual person or 
        organization and does an act in such false capacity 
        with intent to obtain a benefit or to injure or defraud 
        another.
        (3) No person shall knowingly use the words "Police", 
    "Police
Department", "Patrolman", "Sergeant", 
    "Lieutenant",
"Peace Officer", "Sheriff's Police", 
    "Sheriff", "Officer", "Law Enforcement", "Trooper", 
    "Deputy", "Deputy Sheriff", "State Police",
or
any other 
    words to the same effect (i) in the title
of any 
    organization, magazine, or other publication without the 
    express
approval of the named public safety personnel  
    organization's governing board or (ii) in combination with 
    the name of any state,  state agency, public university, or 
    unit of local government without the express written 
    authorization of that state, state agency, public 
    university, or unit of local government.



        (4) No person may knowingly claim or represent that he 
    or she is acting on behalf
of
any public safety personnel 
    organization when soliciting financial contributions or 
    selling or
delivering or offering
to sell or deliver any 
    merchandise, goods, services, memberships, or

    advertisements unless the
chief of the police department, 
    fire department, and the
corporate or municipal authority 
    thereof,
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 and specifies and states clearly and fully the 
    purpose for which the proceeds of the solicitation, 
    contribution, or sale will be used.

        (5) No person, when soliciting financial contributions 
    or selling or
delivering or offering
to sell or deliver any 
    merchandise, goods, services, memberships, or

    advertisements may claim
or represent that he or she is 
    representing or acting on behalf of any
nongovernmental

    organization by any name which includes "officer", "peace 
    officer", "police",
"law
enforcement", "trooper", 
    "sheriff", "deputy", "deputy sheriff", "State police",
or 
    any other word
or words which would reasonably be 
    understood to imply that the organization is
composed of

    law enforcement personnel unless:
            (A) the person is actually representing or acting

        on behalf of the
nongovernmental organization;
            (B) the nongovernmental organization is
controlled 
        by and
governed by a membership of and represents a 
        group or association of active
duty peace officers,

        retired peace officers, or injured peace officers; and
            (C) before commencing the
solicitation or the
sale 
        or the offers to sell any merchandise, goods, services, 
        memberships, or
advertisements, a
written contract 
        between the soliciting or selling person and the

        nongovernmental
organization, which specifies and 
        states clearly and fully the purposes for which the 
        proceeds of the solicitation, contribution, or sale 
        will be used, has been entered into.


        (6) No person, when soliciting financial contributions 
    or selling or
delivering or
offering to sell or deliver any 
    merchandise, goods, services, memberships, or

    advertisements,
may knowingly claim or represent that he or 
    she is representing or acting on behalf of
any 
    nongovernmental
organization by any name which includes 
    the term "fireman", "fire fighter",
"paramedic", or any

    other word or words which would reasonably be understood to 
    imply that the
organization is
composed of fire fighter or 
    paramedic personnel unless:
            (A) the person is actually
representing or
acting 
        on behalf of the nongovernmental organization;
            (B) the nongovernmental
organization is
controlled 
        by and governed by a membership of and represents a 
        group or
association of active
duty, retired, or 
        injured fire fighters (for the purposes of this 
        Section,
"fire fighter" has the
meaning ascribed to 
        that term in Section 2 of the Illinois Fire Protection

        Training Act)
or active duty, retired, or injured 
        emergency medical technicians - ambulance,
emergency

        medical technicians - intermediate, emergency medical 
        technicians - paramedic,
ambulance
drivers, or other 
        medical assistance or first aid personnel; and
            (C) before
commencing the solicitation
or the sale 
        or delivery or the offers to sell or deliver any 
        merchandise,
goods, services,
memberships, or 
        advertisements, the soliciting or selling person and 
        the nongovernmental organization have entered into a 
        written contract that specifies and states clearly and 
        fully the purposes for which the proceeds of the 
        solicitation, contribution, or sale will be used.


        (7) No person may knowingly claim or represent that he 
    or she is an airman, airline employee, airport employee, or 
    contractor at an airport in order to obtain the uniform, 
    identification card, license, or other identification 
    paraphernalia of an airman, airline employee, airport 
    employee, or contractor at an airport.

        (8) No person, firm,
copartnership, or corporation 
    (except corporations organized and doing business
under 
    the Pawners Societies Act)
shall knowingly use a name that 
    contains in it the words
"Pawners' Society". 
    (b) False personation; public officials and employees. A 
person commits a false personation if he or she knowingly and 
falsely represents himself or herself to be any of the 
following:
        (1) An attorney authorized to practice law for purposes 
    of compensation or consideration. This paragraph (b)(1) 
    does not apply to a person who unintentionally fails to pay 
    attorney registration fees established by Supreme Court 
    Rule.
        (2) A public officer or a public employee or an 
    official or employee of the federal government.
        (2.3) A public officer, a public employee, or an 
    official or employee of the federal government, and the 
    false representation is made in furtherance of the 
    commission of  felony.
        (2.7) A public officer or a public employee, and the 
    false representation is for the purpose of effectuating 
    identity theft as defined in Section 16-30 of this Code. 
        (3) A peace officer.
        (4) A peace officer while carrying a deadly weapon.
        (5) A peace officer in attempting or committing a 
    felony.
        (6) A peace officer in attempting or committing a 
    forcible felony.
        (7) The parent, legal guardian, or other relation of a 
    minor child to any public official, public employee, or 
    elementary or secondary school employee or administrator.
        (7.5) The legal guardian, including any representative 
    of a State or public guardian, of a disabled person 
    appointed under Article XIa of the Probate Act of 1975. 
        (8) A fire fighter.
        (9) A fire fighter while carrying a deadly weapon.
        (10) A fire fighter in attempting or committing a 
    felony.
        (11) An emergency management worker of any 
    jurisdiction in this State.
        (12) An emergency management worker of any 
    jurisdiction in this State in attempting or committing a 
    felony.
For the purposes of this subsection (b), "emergency 
    management worker" has the meaning provided under Section 
    2-6.6 of this Code.
    (b-5) The trier of fact may infer that a person falsely 
represents himself or herself to be a public officer or a 
public employee or an official or employee of the federal 
government if the person:
        (1) wears or displays without authority any uniform, 
    badge, insignia, or facsimile thereof by which a public 
    officer or public employee or official or employee of the 
    federal government is lawfully distinguished; or
        (2) falsely expresses by word or action that he or she 
    is a public officer or public employee or official or 
    employee of the federal government and is acting with 
    approval or authority of a public agency or department.
    (c) Fraudulent advertisement of a corporate name.
        (1) A company, association, or individual commits 
    fraudulent advertisement of a corporate name if he, she, or 
    it, not being incorporated, puts forth a sign or 
    advertisement and assumes, for the purpose of soliciting 
    business, a corporate name.
        (2) Nothing contained in this subsection (c) prohibits 
    a corporation, company, association, or person from using a 
    divisional designation or trade name in conjunction with 
    its corporate name or assumed name under Section 4.05 of 
    the Business Corporation Act of 1983 or, if it is a member 
    of a partnership or joint venture, from doing partnership 
    or joint venture business under the partnership or joint 
    venture name. The name under which the joint venture or 
    partnership does business may differ from the names of the 
    members. Business may not be conducted or transacted under 
    that joint venture or partnership name, however, unless all 
    provisions of the Assumed Business Name Act have been 
    complied with. Nothing in this subsection (c) permits a 
    foreign corporation to do business in this State without 
    complying with all Illinois laws regulating the doing of 
    business by foreign corporations. No foreign corporation 
    may conduct or transact business in this State as a member 
    of a partnership or joint venture that violates any 
    Illinois law regulating or pertaining to the doing of 
    business by foreign corporations in Illinois.
        (3) The provisions of this subsection (c) do not apply 
    to limited partnerships formed under the Revised Uniform 
    Limited Partnership Act or under the Uniform Limited 
    Partnership Act (2001).
    (d) False law enforcement badges.
        (1) A person commits false law enforcement badges if he 
    or she knowingly produces, sells, or distributes a law 
    enforcement badge without the express written consent of 
    the law enforcement agency represented on the badge or, in 
    case of a reorganized or defunct law enforcement agency, 
    its successor law enforcement agency.
        (2) It is a defense to false law enforcement badges 
    that the law enforcement badge is used or is intended to be 
    used exclusively: (i) as a memento or in a collection or 
    exhibit; (ii) for decorative purposes; or (iii) for a 
    dramatic presentation, such as a theatrical, film, or 
    television production.
    (e) False medals.
        (1) A person commits a false personation if he or she 
    knowingly and falsely represents himself or herself to be a 
    recipient of, or wears on his or her person, any of the 
    following medals if that medal was not awarded to that 
    person by the United States Government, irrespective of 
    branch of service: The Congressional Medal of Honor, The 
    Distinguished Service Cross, The Navy Cross, The Air Force 
    Cross, The Silver Star, The Bronze Star, or the Purple 
    Heart.
        (2) It is a defense to a prosecution under paragraph 
    (e)(1) that the medal is used, or is intended to be used, 
    exclusively:
            (A) for a dramatic presentation, such as a 
        theatrical, film, or television production, or a 
        historical re-enactment; or
            (B) for a costume worn, or intended to be worn, by 
        a person under 18 years of age.
    (f) Sentence.
        (1) A violation of paragraph (a)(8) is a petty offense 
    subject to a fine of not less than $5 nor more than $100, 
    and the person, firm, copartnership, or corporation 
    commits an additional petty offense for each day he, she, 
    or it continues to commit the violation. A violation of 
    paragraph (c)(1) is a petty offense, and the company, 
    association, or person commits an additional petty offense 
    for each day he, she, or it continues to commit the 
    violation. A violation of subsection (e) is a petty offense 
    for which the offender shall be fined at least $100 and not 
    more than $200.
        (2) A violation of paragraph (a)(1), or (a)(3), or 
    (b)(7.5) is a Class C misdemeanor.
        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), 
    (b)(2), or (b)(7) or subsection (d) is a Class A 
    misdemeanor. A second or subsequent violation of 
    subsection (d) is a Class 3 felony.
        (4) A violation of paragraph (a)(4), (a)(5), (a)(6), 
    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a 
    Class 4 felony.
        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) 
    is a Class 3 felony.
        (6) A violation of paragraph (b)(5) or (b)(10) is a 
    Class 2 felony.
        (7) A violation of paragraph (b)(6) is a Class 1 
    felony. 

    (g) A violation of subsection (a)(1) through (a)(7) or 
subsection (e) of this Section may be accomplished in person or 
by any means of communication, including but not limited to the 
use of an Internet website or any form of electronic 
communication.
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 
97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change 
to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)