96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1320


 
Introduced 2/18/2009, by Rep. Jil Tracy - Sandra M. Pihos
 
SYNOPSIS AS INTRODUCED:
 		








  



720 ILCS 135/2
  from Ch. 134, par. 16.5







    Amends the Harassing and Obscene Communications Act.  Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.
















LRB096 02922 RLC 12936 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1320

LRB096 02922 RLC 12936 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Harassing and Obscene Communications Act is 
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amended  by changing Section 2 as follows:
 


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    (720 ILCS 135/2)  (from Ch. 134, par. 16.5)















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    (Text of Section after amendment by P.A. 95-984)

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    Sec. 2. Sentence. 

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    (a) Except as provided in
subsection (b), a
person who 
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violates any of the provisions of
Section 1, 1-1, or 1-2 of 
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this Act
is guilty of a Class B misdemeanor.
Except as provided

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in subsection (b), a second or subsequent
violation of Section 
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1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which 
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the
court
shall impose a minimum of 14 days in
 jail or, if 
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public or
community service is established in the county in 
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which the offender was
convicted, 240 hours of public or 
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community service.

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    (b) In any of the following circumstances, a person who 
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violates Section 1,
1-1, or
1-2 of this Act shall be guilty of 
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a Class 4 felony:


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        (1) The person has 3 or more prior violations in the 
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    last 10 years of
harassment
by
telephone under Section 1-1 
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    of this Act, harassment through electronic
communications 
 


 






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    under Section 1-2 of this Act, or any similar offense of 
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    any
state;


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        (2) The person has previously violated the harassment 
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    by telephone
provisions of Section 1-1 of this Act or the 
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    harassment through electronic
communications provisions of 
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    Section 1-2 of this Act or committed any similar
offense in 
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    any state with the same victim or a member of the victim's 
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    family or
household;


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        (3) At the time of the offense, the offender was under 
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    conditions of bail,
probation, mandatory supervised 
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    release or was the subject of an order of
protection, in 
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    this or any other state, prohibiting contact with the 
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    victim or
any member of the victim's family or household;


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        (4) (Blank) In the course of the offense, the offender 
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    threatened to kill the
victim or any member of the victim's 
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    family or household;


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        (5) The person has been convicted in the last 10 years 
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    of a forcible
felony
as defined in Section 2-8 of the 
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    Criminal Code of 1961;


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        (6) The person violates paragraph (4.1) of Section 1-1 
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    or paragraph
(3.1) of subsection (a) of Section 1-2; or
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        (7) The person was at least 18 years of age at the time 
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    of the commission of the offense and the victim was under 
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    18 years of age at the time of the commission of the 
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    offense.

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    (c) Any violation of Section 1, 1-1, or 1-2 is a Class 3 
 


 






HB1320
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felony if, in the course of the offense, the offender 
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threatened to kill the victim or any member of the victim's 
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family or household. 
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(Source: P.A. 95-984, eff. 6-1-09.)