Full Text of SB1968 103rd General Assembly
SB1968 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1968 Introduced 2/9/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
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Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner a threat of destruction of a child care institution or day care center building or property, or a threat of violence, death, or bodily harm directed against persons at a child care institution or day care center, a child care institution or day care center function, or a child care institution or day care center event, whether or not the child care institution or day care center is in session. Provides that a violation is a Class 4 felony. Effective immediately.
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| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 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 | 9 | | knowingly:
| 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 | 14 | | manner to the fire
department of any city,
town, village | 15 | | or fire protection district a false alarm of fire, knowing
| 16 | | at the time of the transmission that there is no | 17 | | reasonable ground for
believing that the fire exists;
| 18 | | (3) Transmits or causes to be transmitted in any | 19 | | manner to another a
false alarm to the effect that a bomb | 20 | | or other explosive of any nature or a
container holding | 21 | | poison gas, a deadly biological or chemical contaminant, | 22 | | or
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 in any | 7 | | manner a threat of destruction of a school building or | 8 | | school property, or a threat of violence, death, or bodily | 9 | | harm directed against persons at a school, school | 10 | | function, or school event, whether or not school is in | 11 | | session; | 12 | | (3.6) Transmits or causes to be transmitted in any | 13 | | manner a threat of destruction of a child care institution | 14 | | or day care center building or property, or a threat of | 15 | | violence, death, or bodily harm directed against persons | 16 | | at a child care institution or day care center, a child | 17 | | care institution or day care center function, or a child | 18 | | care institution or day care center event, whether or not | 19 | | the child care institution or day care center is in | 20 | | session; | 21 | | (4) Transmits or causes to be transmitted in any | 22 | | manner to any peace
officer, public officer or public | 23 | | employee a report to the effect that an
offense will be | 24 | | committed, is being committed, or has been committed, | 25 | | knowing
at the time of the transmission that there is no | 26 | | reasonable ground for
believing that the offense will be |
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| 1 | | committed, is being committed, or has
been committed;
| 2 | | (5) Transmits or causes to be transmitted in any | 3 | | manner a false report to any public
safety agency without | 4 | | the reasonable grounds necessary to believe that
| 5 | | transmitting the report is necessary for the safety and | 6 | | welfare of the
public; or
| 7 | | (6) Calls the number "911" or transmits or causes to | 8 | | be transmitted in any manner to a public safety agency for | 9 | | the purpose of making or transmitting a
false alarm or | 10 | | complaint and reporting information when, at the time the | 11 | | call
or transmission is made, the person knows there is no | 12 | | reasonable ground for
making the call or transmission and | 13 | | further knows that the call or transmission
could result | 14 | | in the emergency response of any public safety agency;
| 15 | | (7) Transmits or causes to be transmitted in any | 16 | | manner a false report to the
Department of Children and | 17 | | Family Services under Section 4 of the Abused and
| 18 | | Neglected Child Reporting Act;
| 19 | | (8) Transmits or causes to be transmitted in any | 20 | | manner a false report to the
Department of Public Health | 21 | | under the Nursing Home Care Act, the Specialized Mental | 22 | | Health Rehabilitation Act of 2013, the ID/DD Community | 23 | | Care Act, or the MC/DD Act;
| 24 | | (9) Transmits or causes to be transmitted in any | 25 | | manner to the police
department or fire department of any | 26 | | municipality or fire protection district,
or any privately |
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| 1 | | owned and operated ambulance service, a false request for | 2 | | an
ambulance, emergency medical technician-ambulance or | 3 | | emergency medical
technician-paramedic knowing at the time | 4 | | there is no reasonable ground for
believing that the | 5 | | assistance is required;
| 6 | | (10) Transmits or causes to be transmitted in any | 7 | | manner a false report under
Article II of Public Act | 8 | | 83-1432;
| 9 | | (11) Enters upon the property of another and for a | 10 | | lewd or unlawful
purpose deliberately looks into a | 11 | | dwelling on the property through any
window or other | 12 | | opening in it; or
| 13 | | (12) While acting as a collection agency as defined in | 14 | | the
Collection Agency Act or as an employee of the | 15 | | collection agency, and
while attempting to collect an | 16 | | alleged debt, makes a telephone call to
the alleged debtor | 17 | | which is designed to harass, annoy or intimidate the
| 18 | | alleged debtor.
| 19 | | (b) Sentence. A violation of subsection (a)(1) of this | 20 | | Section
is a Class C misdemeanor. A violation of subsection | 21 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 22 | | violation of subsection
(a)(8) or (a)(10) of this Section is a | 23 | | Class B misdemeanor. A violation of
subsection (a)(2), | 24 | | (a)(3.5), (a)(3.6), (a)(4), (a)(6), (a)(7), or (a)(9) of this | 25 | | Section is a Class 4
felony. A
violation of subsection (a)(3) | 26 | | of this Section is a Class 3 felony, for which
a fine of not |
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| 1 | | less than $3,000 and no more than $10,000 shall be assessed in
| 2 | | addition to any other penalty imposed.
| 3 | | A violation of subsection (a)(12) of this Section is a | 4 | | Business Offense and
shall be punished by a fine not to exceed | 5 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 6 | | or (a)(5) of this Section is a Class
4 felony. A third or | 7 | | subsequent violation of subsection (a)(11) of this Section
is | 8 | | a Class 4 felony.
| 9 | | (c) In addition to any other sentence that may be imposed, | 10 | | a court shall
order any person convicted of disorderly conduct | 11 | | to perform community service
for not less than 30 and not more | 12 | | than 120 hours, if community service is
available in the | 13 | | jurisdiction and is funded and approved by the county board of
| 14 | | the county where the offense was committed. In addition, | 15 | | whenever any person
is placed on supervision for an alleged | 16 | | offense under this Section, the
supervision shall be | 17 | | conditioned upon the performance of the community service.
| 18 | | This subsection does not apply when the court imposes a | 19 | | sentence of
incarceration. | 20 | | (d) In addition to any other sentence that may be imposed, | 21 | | the court shall
order any person convicted of disorderly | 22 | | conduct under paragraph (3) of subsection (a) involving a | 23 | | false alarm of a threat that a bomb or explosive device has | 24 | | been placed in a school that requires an emergency response to | 25 | | reimburse the unit of government that employs the emergency | 26 | | response officer or officers that were dispatched to the |
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| 1 | | school for the cost of the response. If the court determines | 2 | | that the person convicted of disorderly conduct that requires | 3 | | an emergency response to a school is indigent, the provisions | 4 | | of this subsection (d) do not apply. | 5 | | (e) In addition to any other sentence that may be imposed, | 6 | | the court shall
order any person convicted of disorderly | 7 | | conduct under paragraph (3.5) or (6) of subsection (a) to | 8 | | reimburse the public agency for the reasonable costs of the | 9 | | emergency response by the public agency up to $10,000. If the | 10 | | court determines that the person convicted of disorderly | 11 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 12 | | indigent, the provisions of this subsection (e) do not apply. | 13 | | (f) For the purposes of this Section, "emergency response" | 14 | | means any condition that results in, or could result in, the | 15 | | response of a public official in an authorized emergency | 16 | | vehicle, any condition that jeopardizes or could jeopardize | 17 | | public safety and results in, or could result in, the | 18 | | evacuation of any area, building, structure, vehicle, or of | 19 | | any other place that any person may enter, or any incident | 20 | | requiring a response by a police officer, a firefighter, a | 21 | | State Fire Marshal employee, or an ambulance. | 22 | | (Source: P.A. 101-238, eff. 1-1-20 .)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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