99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4419

 

Introduced , by Rep. Terri Bryant

 

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

    Amends the Criminal Code of 2012. Provides that it is also disorderly conduct to knowingly upload a video of a crime being committed, a gang-related fight, a battery committed with the intent to cause a person to be made unconscious, or other display of violence to a social media website or social networking website with the intent to promote or condone that activity or refuse to provide a law enforcement agency or peace officer with that uploaded video upon request of that agency or officer. Provides that a violation is a Class A misdemeanor.


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CORRECTIONAL BUDGET AND IMPACT 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, the ID/DD Community Care Act,
11    or the MC/DD 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 Public Act 83-1432 "An Act in
22    relation to victims of violence and abuse", approved
23    September 16, 1984, as 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; or
7        (13) Uploads a video of a crime being committed, a
8    gang-related fight, a battery committed with the intent to
9    cause a person to be made unconscious, or other display of
10    violence to a social media website or social networking
11    website with the intent to promote or condone that activity
12    or refuses to provide a law enforcement agency or peace
13    officer with that uploaded video upon request of that
14    agency or officer.
15    (b) Sentence. A violation of subsection (a)(1) of this
16Section is a Class C misdemeanor. A violation of subsection
17(a)(5), or (a)(11), or (a)(13) of this Section is a Class A
18misdemeanor. A violation of subsection (a)(8) or (a)(10) of
19this Section is a Class B misdemeanor. A violation of
20subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9)
21of this Section is a Class 4 felony. A violation of subsection
22(a)(3) of this Section is a Class 3 felony, for which a fine of
23not less than $3,000 and no more than $10,000 shall be assessed
24in addition to any other penalty imposed.
25    A violation of subsection (a)(12) of this Section is a
26Business Offense and shall be punished by a fine not to exceed

 

 

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1$3,000. A second or subsequent violation of subsection (a)(7)
2or (a)(5) of this Section is a Class 4 felony. A third or
3subsequent violation of subsection (a)(11) of this Section is a
4Class 4 felony.
5    (c) In addition to any other sentence that may be imposed,
6a court shall order any person convicted of disorderly conduct
7to perform community service for not less than 30 and not more
8than 120 hours, if community service is available in the
9jurisdiction and is funded and approved by the county board of
10the county where the offense was committed. In addition,
11whenever any person is placed on supervision for an alleged
12offense under this Section, the supervision shall be
13conditioned upon the performance of the community service.
14    This subsection does not apply when the court imposes a
15sentence of incarceration.
16    (d) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (3) of subsection (a) involving a false
19alarm of a threat that a bomb or explosive device has been
20placed in a school to reimburse the unit of government that
21employs the emergency response officer or officers that were
22dispatched to the school for the cost of the search for a bomb
23or explosive device.
24    (e) In addition to any other sentence that may be imposed,
25the court shall order any person convicted of disorderly
26conduct under paragraph (6) of subsection (a) to reimburse the

 

 

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1public agency for the reasonable costs of the emergency
2response by the public agency up to $10,000. If the court
3determines that the person convicted of disorderly conduct
4under paragraph (6) of subsection (a) is indigent, the
5provisions of this subsection (e) do not apply.
6    (f) For the purposes of this Section, "emergency response"
7means any condition that results in, or could result in, the
8response of a public official in an authorized emergency
9vehicle, any condition that jeopardizes or could jeopardize
10public safety and results in, or could result in, the
11evacuation of any area, building, structure, vehicle, or of any
12other place that any person may enter, or any incident
13requiring a response by a police officer, a firefighter, a
14State Fire Marshal employee, or an ambulance.
15(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
1699-180, eff. 7-29-15; revised 10-16-15.)