SB0563sam001 100TH GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 4/11/2018

10000SB0563sam001 LRB100 04875 SLF 38345 a

AMENDMENT TO SENATE BILL 563

AMENDMENT NO. ______. Amend Senate Bill 563 by replacing everything after the enacting clause with the following:

"Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-54-5 as follows:

(20 ILCS 2605/2605-54-5 new)

Sec. 2605-54-5. Training policy; persons who pose a clear and present danger. The Department shall adopt a policy and provide training to State Police officers concerning persons who are believed to pose a clear and present danger to himself, herself, or to others as defined in Section 1.1 of the Firearm Owners Identification Card Act. The policy and training shall include, but not be limited to, procedures for taking a person who the officer reasonably believes poses a clear and present danger to himself, herself, or to others to a hospital or mental health facility for a mental evaluation by a physician, psychiatrist, clinical psychologist, or qualified examiner. The policy and training shall also include procedures in which the officer may take a person who has made a threat of violence against a school or school event who the officer reasonably believes poses a clear and present danger to himself, herself, or to others to a hospital or mental health facility for a mental evaluation by a physician, psychiatrist, clinical psychologist, or qualified examiner.

Section 10. The Illinois Police Training Act is amended by adding Section 10.17-2 as follows:

(50 ILCS 705/10.17-2 new)

Sec. 10.17-2. Training policy; persons who pose a clear and present danger. The Board shall create a model policy to train law enforcement officers and provide training to law enforcement officers concerning persons who are believed to pose a clear and present danger to himself, herself, or to others as defined in Section 1.1 of the Firearm Owners Identification Card Act. The policy and training shall include, but not be limited to, procedures for taking a person who the officer reasonably believes poses a clear and present danger to himself, herself, or to others to a hospital or mental health facility for a mental evaluation by a physician, psychiatrist, clinical psychologist, or qualified examiner. The policy and training shall also include procedures in which the officer may take a person who has made a threat of violence against a school or school event who the officer reasonably believes poses a clear and present danger to himself, herself, or to others to a hospital or mental health facility for a mental evaluation by a physician, psychiatrist, clinical psychologist, or qualified examiner.

Section 15. The Criminal Code of 2012 is amended by changing Section 26-1 as follows:

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

Sec. 26-1. Disorderly conduct.

(a) A person commits disorderly conduct when he or she knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;

(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 the transmission that there is no reasonable ground for believing that the fire exists;

(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 or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;

(3.5) Transmits or causes to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;

(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 the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;

(5) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or

(6) Calls the number "911" or transmits or causes to be transmitted in any manner 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;

(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;

(8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;

(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 the assistance is required;

(10) Transmits or causes to be transmitted a false report under Article II of Public Act 83-1432;

(11) 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

(12) While acting as a collection agency as defined in the Collection Agency Act or as an employee of the 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.

(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.

A violation of subsection (a)(12) 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) or (a)(5) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(11) 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.

(d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct that requires an emergency response to under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response search for a bomb or explosive device.

(e) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply.

(f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.

(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

Section 20. The Code of Criminal Procedure of 1963 is amended by changing Section 107-6 as follows:

(725 ILCS 5/107-6) (from Ch. 38, par. 107-6)

Sec. 107-6. Release by officer of person arrested; mental health evaluation.

(a) In this Section, "qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.

(b) A peace officer who arrests a person without a warrant is authorized to release the person without requiring him or her to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.

(c) To assist a peace officer in making the determination to release a person under subsection (b) of this Section or with respect to release of a person after detention by the officer without an arrest, if the officer has reasonable grounds to believe the person made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the officer may seek to obtain a mental health evaluation of the person by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility.

(Source: Laws 1963, p. 2836.)".