99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3988

 

Introduced , by Rep. John D. Anthony

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-1  from Ch. 38, par. 26-1

    Amends the Criminal Code of 2012. Provides that in addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct to reimburse the public agency for the reasonable costs of the emergency response by the public agency if the conviction was for transmitting a false report to a peace officer, public officer or public employee to the effect that an offense will be committed, is being committed, or has been committed or for calling the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information. Changes the definition of "emergency response".


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 26-1 as follows:
 
6    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
7    Sec. 26-1. Disorderly conduct.
8    (a) A person commits disorderly conduct when he or she
9knowingly:
10        (1) Does any act in such unreasonable manner as to
11    alarm or disturb another and to provoke a breach of the
12    peace;
13        (2) Transmits or causes to be transmitted in any manner
14    to the fire department of any city, town, village or fire
15    protection district a false alarm of fire, knowing at the
16    time of the transmission that there is no reasonable ground
17    for believing that the fire exists;
18        (3) Transmits or causes to be transmitted in any manner
19    to another a false alarm to the effect that a bomb or other
20    explosive of any nature or a container holding poison gas,
21    a deadly biological or chemical contaminant, or
22    radioactive substance is concealed in a place where its
23    explosion or release would endanger human life, knowing at

 

 

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1    the time of the transmission that there is no reasonable
2    ground for believing that the bomb, explosive or a
3    container holding poison gas, a deadly biological or
4    chemical contaminant, or radioactive substance is
5    concealed in the place;
6        (3.5) Transmits or causes to be transmitted a threat of
7    destruction of a school building or school property, or a
8    threat of violence, death, or bodily harm directed against
9    persons at a school, school function, or school event,
10    whether or not school is in session;
11        (4) Transmits or causes to be transmitted in any manner
12    to any peace officer, public officer or public employee a
13    report to the effect that an offense will be committed, is
14    being committed, or has been committed, knowing at the time
15    of the transmission that there is no reasonable ground for
16    believing that the offense will be committed, is being
17    committed, or has been committed;
18        (5) Transmits or causes to be transmitted a false
19    report to any public safety agency without the reasonable
20    grounds necessary to believe that transmitting the report
21    is necessary for the safety and welfare of the public; or
22        (6) Calls the number "911" for the purpose of making or
23    transmitting a false alarm or complaint and reporting
24    information when, at the time the call or transmission is
25    made, the person knows there is no reasonable ground for
26    making the call or transmission and further knows that the

 

 

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1    call or transmission could result in the emergency response
2    of any public safety agency;
3        (7) Transmits or causes to be transmitted a false
4    report to the Department of Children and Family Services
5    under Section 4 of the "Abused and Neglected Child
6    Reporting Act";
7        (8) Transmits or causes to be transmitted a false
8    report to the Department of Public Health under the Nursing
9    Home Care Act, the Specialized Mental Health
10    Rehabilitation Act of 2013, or the ID/DD Community Care
11    Act;
12        (9) Transmits or causes to be transmitted in any manner
13    to the police department or fire department of any
14    municipality or fire protection district, or any privately
15    owned and operated ambulance service, a false request for
16    an ambulance, emergency medical technician-ambulance or
17    emergency medical technician-paramedic knowing at the time
18    there is no reasonable ground for believing that the
19    assistance is required;
20        (10) Transmits or causes to be transmitted a false
21    report under Article II of "An Act in relation to victims
22    of violence and abuse", approved September 16, 1984, as
23    amended;
24        (11) Enters upon the property of another and for a lewd
25    or unlawful purpose deliberately looks into a dwelling on
26    the property through any window or other opening in it; or

 

 

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1        (12) While acting as a collection agency as defined in
2    the Collection Agency Act or as an employee of the
3    collection agency, and while attempting to collect an
4    alleged debt, makes a telephone call to the alleged debtor
5    which is designed to harass, annoy or intimidate the
6    alleged debtor.
7    (b) Sentence. A violation of subsection (a)(1) of this
8Section is a Class C misdemeanor. A violation of subsection
9(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
10violation of subsection (a)(8) or (a)(10) of this Section is a
11Class B misdemeanor. A violation of subsection (a)(2),
12(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
13a Class 4 felony. A violation of subsection (a)(3) of this
14Section is a Class 3 felony, for which a fine of not less than
15$3,000 and no more than $10,000 shall be assessed in addition
16to any other penalty imposed.
17    A violation of subsection (a)(12) of this Section is a
18Business Offense and shall be punished by a fine not to exceed
19$3,000. A second or subsequent violation of subsection (a)(7)
20or (a)(5) of this Section is a Class 4 felony. A third or
21subsequent violation of subsection (a)(11) of this Section is a
22Class 4 felony.
23    (c) In addition to any other sentence that may be imposed,
24a court shall order any person convicted of disorderly conduct
25to perform community service for not less than 30 and not more
26than 120 hours, if community service is available in the

 

 

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1jurisdiction and is funded and approved by the county board of
2the county where the offense was committed. In addition,
3whenever any person is placed on supervision for an alleged
4offense under this Section, the supervision shall be
5conditioned upon the performance of the community service.
6    This subsection does not apply when the court imposes a
7sentence of incarceration.
8    (d) In addition to any other sentence that may be imposed,
9the court shall order any person convicted of disorderly
10conduct under paragraph (3) of subsection (a) involving a false
11alarm of a threat that a bomb or explosive device has been
12placed in a school to reimburse the unit of government that
13employs the emergency response officer or officers that were
14dispatched to the school for the cost of the search for a bomb
15or explosive device.
16    (e) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (4) or (6) of subsection (a) to
19reimburse the public agency for the reasonable costs of the
20emergency response by the public agency.
21    (f) For the purposes of this Section, "emergency response"
22means any condition that results in, or could result in, the
23response of a public official in an authorized emergency
24vehicle, any condition that jeopardizes or could jeopardize
25public safety and results in, or could result in, the
26evacuation of any area, building, structure, vehicle, or of any

 

 

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1other place that any person may enter, or any incident
2requiring a response by a police officer, a firefighter, a
3State Fire Marshal employee, or an ambulance.
4(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
5eff. 7-13-12; 97-1108, eff. 1-1-13; 98-104, eff. 7-22-13.)