093_SB0319enr

 
SB319 Enrolled                       LRB093 03431 AMC 03457 b

 1        AN ACT concerning abuse and neglect.

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

 4        Section 3.  The  Abused  and  Neglected  Long  Term  Care
 5    Facility  Residents  Reporting  Act  is  amended  by changing
 6    Section 4 as follows:

 7        (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
 8        Sec. 4.  Any long term care facility administrator, agent
 9    or employee or any  physician,  hospital,  surgeon,  dentist,
10    osteopath,   chiropractor,   podiatrist,   Christian  Science
11    practitioner,  coroner,  social   worker,   social   services
12    administrator,  registered  nurse,  law  enforcement officer,
13    field personnel of the Illinois  Department  of  Public  Aid,
14    field  personnel  of the Illinois Department of Public Health
15    and County or Municipal Health Departments, personnel of  the
16    Department  of Human Services (acting as the successor to the
17    Department of Mental Health and Developmental Disabilities or
18    the Department of Public Aid), personnel of the  Guardianship
19    and Advocacy Commission, personnel of the State Fire Marshal,
20    local  fire  department  inspectors  or  other personnel,  or
21    personnel  of  the  Illinois  Department  on  Aging,  or  its
22    subsidiary Agencies on  Aging,  or  employee  of  a  facility
23    licensed  under  the  Assisted Living and Shared Housing Act,
24    having reasonable cause to believe  any  resident  with  whom
25    they  have  direct  contact  has  been  subjected to abuse or
26    neglect shall immediately report or cause a report to be made
27    to the Department. Persons required to make reports or  cause
28    reports  to  be made under this Section include all employees
29    of the State  of  Illinois  who  are  involved  in  providing
30    services  to  residents,  including  professionals  providing
31    medical  or  rehabilitation  services  and  all other persons
 
SB319 Enrolled             -2-       LRB093 03431 AMC 03457 b
 1    having direct contact with residents; and further include all
 2    employees of community service agencies who provide  services
 3    to  a resident of a public or private long term care facility
 4    outside of that facility. Any long term care surveyor of  the
 5    Illinois Department of Public Health who has reasonable cause
 6    to believe in the course of a survey that a resident has been
 7    abused  or  neglected and initiates an investigation while on
 8    site at the facility shall be exempt  from  making  a  report
 9    under  this Section but the results of any such investigation
10    shall be forwarded to the central register in  a  manner  and
11    form described by the Department.
12        The  requirement  of  this Act shall not relieve any long
13    term  care  facility  administrator,  agent  or  employee  of
14    responsibility to report the abuse or neglect of  a  resident
15    under Section 3-610 of the Nursing Home Care Act.
16        In  addition  to  the  above  persons  required to report
17    suspected resident abuse and neglect, any  other  person  may
18    make  a  report  to the Department, or to any law enforcement
19    officer, if such person has reasonable  cause  to  suspect  a
20    resident has been abused or neglected.
21        This Section also applies to residents whose death occurs
22    from suspected abuse or neglect before being found or brought
23    to a hospital.
24        A  person required to make reports or cause reports to be
25    made  under  this  Section  who  fails  to  comply  with  the
26    requirements  of  this  Section  is  guilty  of  a  Class   A
27    misdemeanor.   A  person  who  is required to make reports or
28    cause reports to be  made  under  this  Section  who  suffers
29    damages  as a result of making or causing to be made a report
30    of a violation committed by  a  licensee  or  its  agents  or
31    employees  may  bring  an action against the licensee and its
32    agents and employees.
33        A  person  who  knowingly  transmits  or  causes  to   be
34    transmitted  a  false  report  to  the Department commits the
 
SB319 Enrolled             -3-       LRB093 03431 AMC 03457 b
 1    offense of disorderly conduct under item (8.5) of  subsection
 2    (a)  of  Section  26-1  of the Criminal Code of 1961. For the
 3    purposes of this  paragraph,  "person"  does  not  include  a
 4    resident.
 5    (Source: P.A. 91-656, eff. 1-1-01.)

 6        Section  5.   The  Nursing  Home  Care  Act is amended by
 7    changing Sections 3-608 and 3-702 as follows:

 8        (210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
 9        Sec. 3-608.  Discrimination; private right of action.   A
10    licensee  or  its  agents  or  employees  shall not transfer,
11    discharge, evict, harass, dismiss,  or  retaliate  against  a
12    resident,  a  resident's  representative,  or  an employee or
13    agent who makes a  report  under  Section  2-107,  brings  or
14    testifies in an action under Sections 3-601 through 3-607, or
15    files a complaint under Section 3-702, because of the report,
16    testimony, or complaint.
17        A  person  who suffers damages as a result of a violation
18    of this Section committed by the licensee or  its  agents  or
19    employees  may  bring  an  action against the licensee or its
20    agents or employees.
21    (Source: P.A. 81-223.)

22        (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
23        Sec. 3-702.  (a) A person who believes that this Act or a
24    rule promulgated under this Act may have  been  violated  may
25    request an investigation. The request may be submitted to the
26    Department in writing, by telephone, or by personal visit. An
27    oral complaint shall be reduced to writing by the Department.
28    The  Department  shall  request  information  identifying the
29    complainant,  including  the  name,  address  and   telephone
30    number,  to help enable appropriate follow-up. The Department
31    shall act on such complaints  via  on-site  visits  or  other
 
SB319 Enrolled             -4-       LRB093 03431 AMC 03457 b
 1    methods  deemed  appropriate to handle the complaints with or
 2    without such identifying information, as  otherwise  provided
 3    under  this  Section.  Nothing  in  this  Section requires an
 4    investigation to include an on-site visit.   The  complainant
 5    shall  be  informed  that compliance with such request is not
 6    required to satisfy the procedures  for  filing  a  complaint
 7    under this Act.
 8        (b)  The  substance of the complaint shall be provided in
 9    writing to the licensee, owner or  administrator  no  earlier
10    than  at  the  commencement  of  an on-site inspection of the
11    facility which takes place pursuant to the complaint.
12        (c)  The Department shall not disclose the  name  of  the
13    complainant unless the complainant consents in writing to the
14    disclosure   or  the  investigation  results  in  a  judicial
15    proceeding,  or  unless  disclosure  is  essential   to   the
16    investigation. The complainant shall be given the opportunity
17    to withdraw the complaint before disclosure. Upon the request
18    of the complainant, the Department may permit the complainant
19    or  a  representative  of  the  complainant  to accompany the
20    person making the on-site inspection of the facility.
21        (d)  Upon receipt of a complaint,  the  Department  shall
22    determine  whether  this Act or a rule promulgated under this
23    Act has  been  or  is  being  violated.  Upon  receipt  of  a
24    complaint  alleging  abuse  or  neglect  of  a  resident, the
25    Department shall conduct an initial investigation and make an
26    initial determination whether the  report  is  a  good  faith
27    indication  of  alleged  abuse  or neglect. If the Department
28    determines the report is a good faith indication  of  alleged
29    abuse or neglect, a formal investigation shall commence.  The
30    Department  shall investigate all reports of alleged abuse or
31    neglect made in  good  faith  complaints  alleging  abuse  or
32    neglect that within 7 days after the receipt of the complaint
33    except  that  complaints  of  abuse or neglect which indicate
34    that a resident's life or safety is in imminent danger  shall
 
SB319 Enrolled             -5-       LRB093 03431 AMC 03457 b
 1    be   investigated  within  24  hours  after  receipt  of  the
 2    complaint.  Complaints  alleging  immediate  jeopardy  to   a
 3    resident's  health  or  safety shall be investigated within 2
 4    working days after receipt  of  the  complaint.    All  other
 5    complaints  shall  be  investigated  within 30 days after the
 6    receipt  of  the   complaint.    The   Department   employees
 7    investigating  a  complaint  shall  conduct a brief, informal
 8    exit conference with the facility to alert its administration
 9    of any suspected  serious  deficiency  that  poses  a  direct
10    threat  to  the  health,  safety  or welfare of a resident to
11    enable  an  immediate  correction  for  the  alleviation   or
12    elimination  of  such  threat.  Such information and findings
13    discussed in the brief exit conference shall become a part of
14    the investigating record but shall not in any way  constitute
15    an  official  or  final notice of violation as provided under
16    Section 3-301. All complaints  shall  be  classified  as  "an
17    invalid  report",  "a  valid  report",  or  "an  undetermined
18    report".  For  any  complaint classified as "a valid report",
19    the Department must determine within 30 working days  if  any
20    rule  or provision of this Act has been or is being violated.
21    The  Department  may  extend  the  period   in   which   such
22    determinations   must   be   made  in  individual  cases  for
23    additional periods of up to  30  days  each  for  good  cause
24    shown.  The  Department  shall  by  rule establish what shall
25    constitute good cause.
26        (d-1)  The Department shall, whenever  possible,  combine
27    an  on-site  investigation  of a complaint in a facility with
28    other  inspections  in  order   to   avoid   duplication   of
29    inspections.
30        (e)  In  all  cases,  the  Department  shall  inform  the
31    complainant   of   its   findings   within  10  days  of  its
32    determination unless otherwise indicated by the  complainant,
33    and  the complainant may direct the Department to send a copy
34    of such findings to another person. The Department's findings
 
SB319 Enrolled             -6-       LRB093 03431 AMC 03457 b
 1    may include comments or documentation provided by either  the
 2    complainant  or the licensee pertaining to the complaint. The
 3    Department shall also notify the facility  of  such  findings
 4    within  10  days  of  the  determination, but the name of the
 5    complainant or residents  shall  not  be  disclosed  in  this
 6    notice  to  the  facility.  The notice of such findings shall
 7    include a copy of the written determination;  the  correction
 8    order,  if  any;  the  warning notice, if any; the inspection
 9    report; or the State licensure form on which the violation is
10    listed.
11        (f)  A  written  determination,  correction   order,   or
12    warning  notice  concerning  a  complaint,  together with the
13    facility's  response,   shall   be   available   for   public
14    inspection, but the name of the complainant or resident shall
15    not be disclosed without his consent.
16        (g)  A   complainant   who   is   dissatisfied  with  the
17    determination or investigation by the Department may  request
18    a  hearing  under  Section 3-703. The facility shall be given
19    notice of any such hearing and may participate in the hearing
20    as a party.  If a facility requests a hearing  under  Section
21    3-703  which  concerns  a  matter covered by a complaint, the
22    complainant shall be given notice and may participate in  the
23    hearing  as  a  party.   A  request for a hearing by either a
24    complainant or a facility shall be submitted  in  writing  to
25    the  Department  within  30  days  after  the  mailing of the
26    Department's findings as described in subsection (e) of  this
27    Section.   Upon  receipt  of the request the Department shall
28    conduct a hearing as provided under Section 3-703.
29        (h)  Any person who knowingly transmits a false report to
30    the Department commits  the  offense  of  disorderly  conduct
31    under subsection (a)(8) of Section 26-1 of the "Criminal Code
32    of 1961".
33    (Source: P.A. 85-1378.)
 
SB319 Enrolled             -7-       LRB093 03431 AMC 03457 b
 1        Section  10.   The Elder Abuse and Neglect Act is amended
 2    by changing Sections 2, 4, and 4.1 as follows:

 3        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 4        Sec. 2. Definitions.  As used in  this  Act,  unless  the
 5    context requires otherwise:
 6        (a)  "Abuse" means causing any physical, mental or sexual
 7    injury  to  an eligible adult, including exploitation of such
 8    adult's financial resources.
 9        Nothing in this Act shall be construed to  mean  that  an
10    eligible  adult  is a victim of abuse or neglect for the sole
11    reason that he or she is being furnished with or relies  upon
12    treatment   by  spiritual  means  through  prayer  alone,  in
13    accordance with the tenets  and  practices  of  a  recognized
14    church or religious denomination.
15        Nothing  in  this  Act shall be construed to mean that an
16    eligible adult is a victim of abuse because  of  health  care
17    services  provided  or  not  provided by licensed health care
18    professionals.
19        (a-5)  "Abuser" means a person who abuses,  neglects,  or
20    financially exploits an eligible adult.
21        (a-7)  "Caregiver"  means a person who either as a result
22    of a family relationship, voluntarily,  or  in  exchange  for
23    compensation  has assumed responsibility for all or a portion
24    of the care of an eligible adult who  needs  assistance  with
25    activities of daily living.
26        (b)  "Department"  means  the  Department on Aging of the
27    State of Illinois.
28        (c)  "Director" means the Director of the Department.
29        (d)  "Domestic living situation" means a residence  where
30    the eligible adult lives alone or with his or her family or a
31    caregiver,  or  others,  or  a  board  and care home or other
32    community-based unlicensed facility, but is not:
33             (1)  A licensed facility as defined in Section 1-113
 
SB319 Enrolled             -8-       LRB093 03431 AMC 03457 b
 1        of the Nursing Home Care Act;
 2             (2)  A "life care facility" as defined in  the  Life
 3        Care Facilities Act;
 4             (3)  A home, institution, or other place operated by
 5        the  federal government or agency thereof or by the State
 6        of Illinois;
 7             (4)  A hospital, sanitarium, or  other  institution,
 8        the  principal  activity  or  business  of  which  is the
 9        diagnosis, care, and treatment of human  illness  through
10        the  maintenance  and  operation  of organized facilities
11        therefor, which is required  to  be  licensed  under  the
12        Hospital Licensing Act;
13             (5)  A "community living facility" as defined in the
14        Community Living Facilities Licensing Act;
15             (6)  A   "community   residential   alternative"  as
16        defined  in  the   Community   Residential   Alternatives
17        Licensing Act; and
18             (7)  A  "community-integrated living arrangement" as
19        defined in the Community-Integrated  Living  Arrangements
20        Licensure and Certification Act.
21          (e)  "Eligible adult" means a person 60 years of age or
22    older  who  resides in a domestic living situation and is, or
23    is alleged to be, abused, neglected, or financially exploited
24    by another individual.
25        (f)  "Emergency" means a situation in which  an  eligible
26    adult  is  living in conditions presenting a risk of death or
27    physical, mental or sexual injury and the provider agency has
28    reason to believe the eligible adult is unable to consent  to
29    services which would alleviate that risk.
30        (f-5)  "Mandated  reporter"  means  any  of the following
31    persons while engaged  in  carrying  out  their  professional
32    duties:
33             (1)  a professional or professional's delegate while
34        engaged  in:  (i)  social services, (ii) law enforcement,
 
SB319 Enrolled             -9-       LRB093 03431 AMC 03457 b
 1        (iii) education, (iv) the care of an  eligible  adult  or
 2        eligible  adults,  or (v) any of the occupations required
 3        to be licensed under the Clinical Psychologist  Licensing
 4        Act,  the  Clinical  Social Work and Social Work Practice
 5        Act, the Illinois Dental Practice Act, the  Dietetic  and
 6        Nutrition  Services Practice Act, the Marriage and Family
 7        Therapy Licensing Act, the Medical Practice Act of  1987,
 8        the  Naprapathic  Practice  Act, the Nursing and Advanced
 9        Practice Nursing Act,  the  Nursing  Home  Administrators
10        Licensing and Disciplinary Act, the Illinois Occupational
11        Therapy  Practice  Act,  the Illinois Optometric Practice
12        Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
13        Illinois  Physical  Therapy  Act, the Physician Assistant
14        Practice Act of 1987, the Podiatric Medical Practice  Act
15        of   1987,   the   Respiratory  Care  Practice  Act,  the
16        Professional   Counselor   and   Clinical    Professional
17        Counselor  Licensing  Act,  the  Illinois Speech-Language
18        Pathology and  Audiology  Practice  Act,  the  Veterinary
19        Medicine  and  Surgery  Practice  Act  of  1994,  and the
20        Illinois Public Accounting Act;
21             (2)  an  employee  of  a  vocational  rehabilitation
22        facility prescribed or supervised by  the  Department  of
23        Human Services;
24             (3)  an administrator, employee, or person providing
25        services  in  or  through  an  unlicensed community based
26        facility;
27             (4)  (blank) a Christian Science Practitioner;
28             (5)  field personnel of  the  Department  of  Public
29        Aid, Department of Public Health, and Department of Human
30        Services, and any county or municipal health department;
31             (6)  personnel  of the Department of Human Services,
32        the Guardianship and Advocacy Commission, the State  Fire
33        Marshal,  local fire departments, the Department on Aging
34        and its subsidiary Area Agencies on  Aging  and  provider
 
SB319 Enrolled             -10-      LRB093 03431 AMC 03457 b
 1        agencies,   and  the  Office  of  State  Long  Term  Care
 2        Ombudsman;
 3             (7)  any employee  of  the  State  of  Illinois  not
 4        otherwise  specified  herein who is involved in providing
 5        services  to  eligible  adults,  including  professionals
 6        providing medical  or  rehabilitation  services  and  all
 7        other persons having direct contact with eligible adults;
 8        or
 9             (8)  a  person  who performs the duties of a coroner
10        or medical examiner.
11          (g)  "Neglect" means another  individual's  failure  to
12    provide an eligible adult with or willful withholding from an
13    eligible  adult  the  necessities  of life including, but not
14    limited to, food, clothing, shelter  or  medical  care.  This
15    subsection  does  not  create  any  new  affirmative  duty to
16    provide support to eligible  adults.   Nothing  in  this  Act
17    shall be construed to mean that an eligible adult is a victim
18    of  neglect  because  of health care services provided or not
19    provided by licensed health care professionals.
20        (h)  "Provider agency"  means  any  public  or  nonprofit
21    agency  in  a  planning  and  service  area  appointed by the
22    regional administrative agency with  prior  approval  by  the
23    Department  on Aging to receive and assess reports of alleged
24    or suspected abuse, neglect, or financial exploitation.
25        (i)  "Regional administrative agency" means any public or
26    nonprofit agency in a planning and service area so designated
27    by the Department, provided that the designated  Area  Agency
28    on  Aging  shall  be  designated  the regional administrative
29    agency if it so requests. The  Department  shall  assume  the
30    functions  of  the  regional  administrative  agency  for any
31    planning and service area where  another  agency  is  not  so
32    designated.
33        (j)  "Substantiated   case"  means  a  reported  case  of
34    alleged   or   suspected   abuse,   neglect,   or   financial
 
SB319 Enrolled             -11-      LRB093 03431 AMC 03457 b
 1    exploitation in which a provider  agency,  after  assessment,
 2    determines that there is reason to believe abuse, neglect, or
 3    financial exploitation has occurred.
 4    (Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
 5    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

 6        (320 ILCS 20/4) (from Ch. 23, par. 6604)
 7        Sec. 4.  Reports of abuse or neglect.
 8        (a)  Any person  who  suspects  the  abuse,  neglect,  or
 9    financial  exploitation  of an eligible adult may report this
10    suspicion to an agency designated  to  receive  such  reports
11    under this Act or to the Department.
12        (a-5)  If  any  mandated  reporter  has reason to believe
13    that an eligible adult, who because of dysfunction is  unable
14    to  seek  assistance  for himself or herself, has, within the
15    previous 12 months, been  subjected  to  abuse,  neglect,  or
16    financial  exploitation,  the mandated reporter shall, within
17    24 hours after developing such belief, report this  suspicion
18    to  an  agency  designated to receive such reports under this
19    Act or to the Department.  Whenever a  mandated  reporter  is
20    required to report under this Act in his or her capacity as a
21    member  of  the staff of a medical or other public or private
22    institution, facility, board and care home, or agency, he  or
23    she  shall  make  a report to an agency designated to receive
24    such  reports  under  this  Act  or  to  the  Department   in
25    accordance  with  the  provisions  of  this  Act and may also
26    notify the person in charge  of  the  institution,  facility,
27    board and care home, or agency or his or her designated agent
28    that  the report has been made.  Under no circumstances shall
29    any person in charge of such institution, facility, board and
30    care home, or agency, or his or her designated agent to  whom
31    the   notification  has  been  made,  exercise  any  control,
32    restraint, modification, or other change in the report or the
33    forwarding of the report to an agency designated  to  receive
 
SB319 Enrolled             -12-      LRB093 03431 AMC 03457 b
 1    such  reports  under  this  Act  or  to  the Department.  The
 2    privileged quality of communication between any  professional
 3    person  required  to  report and his or her patient or client
 4    shall not apply to situations involving abused, neglected, or
 5    financially  exploited  eligible   adults   and   shall   not
 6    constitute  grounds for failure to report as required by this
 7    Act.
 8        (a-7)  A person making a report under  this  Act  in  the
 9    belief that it is in the alleged victim's best interest shall
10    be  immune  from  criminal or civil liability or professional
11    disciplinary  action  on  account  of  making   the   report,
12    notwithstanding     any     requirements    concerning    the
13    confidentiality of information with respect to such  eligible
14    adult which might otherwise be applicable.
15        (a-9)  Law  enforcement officers shall continue to report
16    incidents of alleged abuse pursuant to the Illinois  Domestic
17    Violence  Act of 1986, notwithstanding any requirements under
18    this Act.
19        (b)  Any person, institution or agency  participating  in
20    the  making  of  a  report,  providing information or records
21    related  to   a   report,   assessment,   or   services,   or
22    participating in the investigation of a report under this Act
23    in good faith, or taking photographs or x-rays as a result of
24    an authorized assessment, shall have immunity from any civil,
25    criminal  or  other liability in any civil, criminal or other
26    proceeding brought in consequence of making  such  report  or
27    assessment   or   on   account  of  submitting  or  otherwise
28    disclosing  such  photographs  or  x-rays   to   any   agency
29    designated  to  receive reports of alleged or suspected abuse
30    or neglect. Any person, institution or agency  authorized  by
31    the   Department  to  provide  assessment,  intervention,  or
32    administrative services under this Act  shall,  in  the  good
33    faith  performance  of those services, have immunity from any
34    civil, criminal or other liability in any civil, criminal, or
 
SB319 Enrolled             -13-      LRB093 03431 AMC 03457 b
 1    other proceeding brought as a consequence of the  performance
 2    of  those  services. For the purposes of any civil, criminal,
 3    or other proceeding, the good faith of any person required to
 4    report,  permitted  to  report,  or   participating   in   an
 5    investigation  of  a  report  of  alleged or suspected abuse,
 6    neglect, or financial exploitation shall be presumed.
 7        (c)  The identity of a person making a report of  alleged
 8    or suspected abuse or neglect under this Act may be disclosed
 9    by  the  Department  or other agency provided for in this Act
10    only with such person's written consent or by court order.
11        (d)  The Department shall by rule establish a system  for
12    filing and compiling reports made under this Act.
13        (e)  A  person  who  knowingly  transmits or causes to be
14    transmitted a false report  to  the  Department  commits  the
15    offense  of disorderly conduct under item (8.6) of subsection
16    (a) of Section 26-1 of the Criminal Code of  1961.   For  the
17    purposes  of  this  subsection, "person" does not include the
18    subject of the report.
19    (Source: P.A. 90-628, eff. 1-1-99.)

20        (320 ILCS 20/4.1)
21        Sec. 4.1.   Employer  discrimination;  private  right  of
22    action.   No  employer shall discharge, demote or suspend, or
23    threaten to discharge, demote or suspend, or  in  any  manner
24    discriminate  against  any  employee who makes any good faith
25    oral or written report of suspected elder abuse, neglect,  or
26    financial  exploitation  or  who  is  or will be a witness or
27    testify in  any  investigation  or  proceeding  concerning  a
28    report  of  suspected  elder  abuse,  neglect,  or  financial
29    exploitation.
30        A  person  who suffers damages as a result of a violation
31    of this Section committed by an employer may bring an  action
32    against the employer.
33    (Source: P.A. 90-628, eff. 1-1-99.)
 
SB319 Enrolled             -14-      LRB093 03431 AMC 03457 b
 1        Section  15.  The  Criminal  Code  of  1961 is amended by
 2    changing Section 26-1 as follows:

 3        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
 4        Sec. 26-1.  Elements of the Offense.
 5        (a)  A  person  commits  disorderly   conduct   when   he
 6    knowingly:
 7             (1)  Does  any act in such unreasonable manner as to
 8        alarm or disturb another and to provoke a breach  of  the
 9        peace; or
10             (2)  Transmits  or  causes  to be transmitted in any
11        manner to the fire department of any city, town,  village
12        or  fire  protection  district  a  false  alarm  of fire,
13        knowing at the time of such transmission that there is no
14        reasonable ground for believing that such fire exists; or
15             (3)  Transmits or causes to be  transmitted  in  any
16        manner to another a false alarm to the effect that a bomb
17        or  other  explosive of any nature or a container holding
18        poison gas, a deadly biological or chemical  contaminant,
19        or  radioactive substance is concealed in such place that
20        its explosion  or  release  would  endanger  human  life,
21        knowing at the time of such transmission that there is no
22        reasonable ground for believing that such bomb, explosive
23        or a container holding poison gas, a deadly biological or
24        chemical   contaminant,   or   radioactive  substance  is
25        concealed in such place; or
26             (4)  Transmits or causes to be  transmitted  in  any
27        manner  to  any  peace  officer, public officer or public
28        employee a report to the effect that an offense  will  be
29        committed,  is  being  committed,  or has been committed,
30        knowing at the time of such transmission that there is no
31        reasonable ground for believing that such an offense will
32        be committed, is being committed, or has been  committed;
33        or
 
SB319 Enrolled             -15-      LRB093 03431 AMC 03457 b
 1             (5)  Enters  upon  the property of another and for a
 2        lewd  or  unlawful  purpose  deliberately  looks  into  a
 3        dwelling on the property  through  any  window  or  other
 4        opening in it; or
 5             (6)  While  acting as a collection agency as defined
 6        in the "Collection Agency Act" or as an employee of  such
 7        collection  agency,  and  while  attempting to collect an
 8        alleged debt, makes  a  telephone  call  to  the  alleged
 9        debtor  which  is designed to harass, annoy or intimidate
10        the alleged debtor; or
11             (7)  Transmits or causes to be transmitted  a  false
12        report  to the Department of Children and Family Services
13        under Section  4  of  the  "Abused  and  Neglected  Child
14        Reporting Act"; or
15             (8)  Transmits  or  causes to be transmitted a false
16        report to the  Department  of  Public  Health  under  the
17        Nursing Home Care Act; or
18             (8.5)  Transmits or causes to be transmitted a false
19        report  to  the  Department  of  Public  Health under the
20        Abused and Neglected Long Term  Care  Facility  Residents
21        Reporting Act; or
22             (8.6)  Transmits or causes to be transmitted a false
23        report  to  the Department on Aging under the Elder Abuse
24        and Neglect Act; or
25             (9)  Transmits or causes to be  transmitted  in  any
26        manner to the police department or fire department of any
27        municipality   or   fire   protection  district,  or  any
28        privately owned and operated ambulance service,  a  false
29        request    for    an    ambulance,    emergency   medical
30        technician-ambulance      or      emergency       medical
31        technician-paramedic  knowing  at  the  time  there is no
32        reasonable ground for believing that such  assistance  is
33        required; or
34             (10)  Transmits  or causes to be transmitted a false
 
SB319 Enrolled             -16-      LRB093 03431 AMC 03457 b
 1        report under Article II of "An Act in relation to victims
 2        of violence and abuse", approved September 16,  1984,  as
 3        amended; or
 4             (11)  Transmits  or causes to be transmitted a false
 5        report to any public safety agency without the reasonable
 6        grounds necessary to believe  that  transmitting  such  a
 7        report  is  necessary  for  the safety and welfare of the
 8        public; or
 9             (12)  Calls the number  "911"  for  the  purpose  of
10        making  or  transmitting  a  false alarm or complaint and
11        reporting information when,  at  the  time  the  call  or
12        transmission  is  made,  the  person  knows  there  is no
13        reasonable ground for making the call or transmission and
14        further knows that the call or transmission could  result
15        in the emergency response of any public safety agency.
16        (b)  Sentence.   A violation of subsection (a)(1) of this
17    Section is a Class C misdemeanor.  A violation of  subsection
18    (a)(5),  (a)(7),  (a)(8),  (a)(8.5),  (a)(8.6),  (a)(11),  or
19    (a)(12)  of  this  Section  is  a  Class  A  misdemeanor.   A
20    violation  of subsection (a)(8) or (a)(10) of this Section is
21    a Class B misdemeanor.  A  violation  of  subsection  (a)(2),
22    (a)(4),  or  (a)(9)  of  this Section is a Class 4 felony.  A
23    violation of subsection (a)(3) of this Section is a  Class  3
24    felony,  for which a fine of not less than $3,000 and no more
25    than $10,000 shall be  assessed  in  addition  to  any  other
26    penalty imposed.
27        A  violation  of  subsection  (a)(6) of this Section is a
28    Business Offense and shall be  punished  by  a  fine  not  to
29    exceed   $3,000.    A   second  or  subsequent  violation  of
30    subsection (a)(7), (a)(8), (a)(8.5),  (a)(8.6),  (a)(11),  or
31    (a)(12)  of  this  Section  is  a Class 4 felony.  A third or
32    subsequent violation of subsection (a)(5) of this Section  is
33    a Class 4 felony.
34        (c)  In  addition  to  any  other  sentence  that  may be
 
SB319 Enrolled             -17-      LRB093 03431 AMC 03457 b
 1    imposed,  a  court  shall  order  any  person  convicted   of
 2    disorderly  conduct to perform community service for not less
 3    than 30 and not more than 120 hours, if community service  is
 4    available  in  the jurisdiction and is funded and approved by
 5    the  county  board  of  the  county  where  the  offense  was
 6    committed.  In addition, whenever any  person  is  placed  on
 7    supervision  for  an  alleged offense under this Section, the
 8    supervision shall be conditioned upon the performance of  the
 9    community service.
10        This  subsection  does not apply when the court imposes a
11    sentence of incarceration.
12    (Source: P.A. 91-115,  eff.  1-1-00;  91-121,  eff.  7-15-99;
13    92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)