Full Text of HB1112 103rd General Assembly
HB1112 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1112 Introduced 1/12/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/17-2 | from Ch. 38, par. 17-2 | 720 ILCS 5/26.5-3 | |
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Amends the Criminal Code of 2012. Provides that a person also commits false personation when he or she knowingly and falsely represents himself or herself to be another actual person and does an act in such assumed character with intent to injure the reputation of (rather than injure) or to fraudulently represent himself or herself to the online contacts of another. Provides that a person also commits harassment through electronic
communications when he or she uses electronic
communication for: (1) making any comment, request, suggestion, or proposal with an intent to harass, annoy, alarm, abuse, torment, or embarrass any individual; or (2) creating a fictitious online persona or account without permission of another using another person's picture, name, or likeness with the intent to commit a fraud, emotional distress, injure the reputation of, or make contact with other personal online contacts of the nonconsenting person.
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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 Sections 17-2 and 26.5-3 as follows:
| 6 | | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| 7 | | Sec. 17-2. False personation; solicitation. | 8 | | (a) False personation; solicitation. | 9 | | (1) A person commits a false personation when he or | 10 | | she knowingly and falsely represents
himself or herself to | 11 | | be a member or representative of any
veterans' or public | 12 | | safety personnel organization
or a representative of
any | 13 | | charitable organization, or when he or she knowingly | 14 | | exhibits or uses in any manner
any decal, badge or | 15 | | insignia of any
charitable, public safety personnel, or | 16 | | veterans' organization
when not authorized to
do so by the
| 17 | | charitable, public safety personnel, or veterans' | 18 | | organization.
"Public safety personnel organization" has | 19 | | the meaning ascribed to that term
in Section 1 of the | 20 | | Solicitation for Charity Act.
| 21 | | (2) A person commits a false personation when he or | 22 | | she knowingly and falsely
represents himself or herself to | 23 | | be a veteran in seeking employment or
public office.
In |
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| 1 | | this paragraph, "veteran" means a person who has served in | 2 | | the
Armed Services or Reserve
Forces of the United States.
| 3 | | (2.1) A person commits a false personation when he or | 4 | | she knowingly and falsely
represents himself or herself to | 5 | | be: | 6 | | (A) an active-duty member of the Armed Services or | 7 | | Reserve
Forces of the United States or the National | 8 | | Guard or a veteran of the Armed Services or Reserve
| 9 | | Forces of the United States or the National Guard; and | 10 | | (B) obtains money, property, or another tangible | 11 | | benefit through that false representation. | 12 | | In this paragraph, "member of the Armed Services or | 13 | | Reserve
Forces of the United States" means a member of the | 14 | | United States Navy, Army, Air Force, Marine Corps, or | 15 | | Coast Guard; and "veteran" means a person who has served | 16 | | in the
Armed Services or Reserve
Forces of the United | 17 | | States or the National Guard. | 18 | | (2.5) A person commits a false personation when he or | 19 | | she knowingly and falsely represents himself or herself to | 20 | | be: | 21 | | (A) another actual person and does an act in such | 22 | | assumed character with intent to intimidate, threaten, | 23 | | injure the reputation of , defraud, fraudulently | 24 | | represent himself or herself to the online contacts of | 25 | | another, or to obtain a benefit from another; or | 26 | | (B) a representative of an actual person or |
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| 1 | | organization and does an act in such false capacity | 2 | | with intent to obtain a benefit or to injure or defraud | 3 | | another. | 4 | | (3) No person shall knowingly use the words "Police", | 5 | | "Police
Department", "Patrolman", "Sergeant", | 6 | | "Lieutenant",
"Peace Officer", "Sheriff's Police", | 7 | | "Sheriff", "Officer", "Law Enforcement", "Trooper", | 8 | | "Deputy", "Deputy Sheriff", "State Police",
or
any other | 9 | | words to the same effect (i) in the title
of any | 10 | | organization, magazine, or other publication without the | 11 | | express
approval of the named public safety personnel | 12 | | organization's governing board or (ii) in combination with | 13 | | the name of any state, state agency, public university, or | 14 | | unit of local government without the express written | 15 | | authorization of that state, state agency, public | 16 | | university, or unit of local government.
| 17 | | (4) No person may knowingly claim or represent that he | 18 | | or she is acting on behalf
of
any public safety personnel | 19 | | organization when soliciting financial contributions or | 20 | | selling or
delivering or offering
to sell or deliver any | 21 | | merchandise, goods, services, memberships, or
| 22 | | advertisements unless the
chief of the police department, | 23 | | fire department, and the
corporate or municipal authority | 24 | | thereof,
or the sheriff has first
entered into a written
| 25 | | agreement with the person or with an organization with | 26 | | which the person is
affiliated and the
agreement permits |
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| 1 | | the activity and specifies and states clearly and fully | 2 | | the purpose for which the proceeds of the solicitation, | 3 | | contribution, or sale will be used.
| 4 | | (5) No person, when soliciting financial contributions | 5 | | or selling or
delivering or offering
to sell or deliver | 6 | | any merchandise, goods, services, memberships, or
| 7 | | advertisements may claim
or represent that he or she is | 8 | | representing or acting on behalf of any
nongovernmental
| 9 | | organization by any name which includes "officer", "peace | 10 | | officer", "police",
"law
enforcement", "trooper", | 11 | | "sheriff", "deputy", "deputy sheriff", "State police",
or | 12 | | any other word
or words which would reasonably be | 13 | | understood to imply that the organization is
composed of
| 14 | | law enforcement personnel unless: | 15 | | (A) the person is actually representing or acting
| 16 | | on behalf of the
nongovernmental organization; | 17 | | (B) the nongovernmental organization is
controlled | 18 | | by and
governed by a membership of and represents a | 19 | | group or association of active
duty peace officers,
| 20 | | retired peace officers, or injured peace officers; and | 21 | | (C) before commencing the
solicitation or the
sale | 22 | | or the offers to sell any merchandise, goods, | 23 | | services, memberships, or
advertisements, a
written | 24 | | contract between the soliciting or selling person and | 25 | | the
nongovernmental
organization, which specifies and | 26 | | states clearly and fully the purposes for which the |
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| 1 | | proceeds of the solicitation, contribution, or sale | 2 | | will be used, has been entered into.
| 3 | | (6) No person, when soliciting financial contributions | 4 | | or selling or
delivering or
offering to sell or deliver | 5 | | any merchandise, goods, services, memberships, or
| 6 | | advertisements,
may knowingly claim or represent that he | 7 | | or she is representing or acting on behalf of
any | 8 | | nongovernmental
organization by any name which includes | 9 | | the term "fireman", "fire fighter",
"paramedic", or any
| 10 | | other word or words which would reasonably be understood | 11 | | to imply that the
organization is
composed of fire fighter | 12 | | or paramedic personnel unless: | 13 | | (A) the person is actually
representing or
acting | 14 | | on behalf of the nongovernmental organization; | 15 | | (B) the nongovernmental
organization is
controlled | 16 | | by and governed by a membership of and represents a | 17 | | group or
association of active
duty, retired, or | 18 | | injured fire fighters (for the purposes of this | 19 | | Section,
"fire fighter" has the
meaning ascribed to | 20 | | that term in Section 2 of the Illinois Fire Protection
| 21 | | Training Act)
or active duty, retired, or injured | 22 | | emergency medical technicians - ambulance,
emergency
| 23 | | medical technicians - intermediate, emergency medical | 24 | | technicians - paramedic,
ambulance
drivers, or other | 25 | | medical assistance or first aid personnel; and | 26 | | (C) before
commencing the solicitation
or the sale |
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| 1 | | or delivery or the offers to sell or deliver any | 2 | | merchandise,
goods, services,
memberships, or | 3 | | advertisements, the soliciting or selling person and | 4 | | the nongovernmental organization have entered into a | 5 | | written contract that specifies and states clearly and | 6 | | fully the purposes for which the proceeds of the | 7 | | solicitation, contribution, or sale will be used.
| 8 | | (7) No person may knowingly claim or represent that he | 9 | | or she is an airman, airline employee, airport employee, | 10 | | or contractor at an airport in order to obtain the | 11 | | uniform, identification card, license, or other | 12 | | identification paraphernalia of an airman, airline | 13 | | employee, airport employee, or contractor at an airport.
| 14 | | (8) No person, firm,
copartnership, or corporation | 15 | | (except corporations organized and doing business
under | 16 | | the Pawners Societies Act)
shall knowingly use a name that | 17 | | contains in it the words
"Pawners' Society". | 18 | | (b) False personation; public officials and employees. A | 19 | | person commits a false personation if he or she knowingly and | 20 | | falsely represents himself or herself to be any of the | 21 | | following: | 22 | | (1) An attorney authorized to practice law for | 23 | | purposes of compensation or consideration. This paragraph | 24 | | (b)(1) does not apply to a person who unintentionally | 25 | | fails to pay attorney registration fees established by | 26 | | Supreme Court Rule. |
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| 1 | | (2) A public officer or a public employee or an | 2 | | official or employee of the federal government. | 3 | | (2.3) A public officer, a public employee, or an | 4 | | official or employee of the federal government, and the | 5 | | false representation is made in furtherance of the | 6 | | commission of felony. | 7 | | (2.7) A public officer or a public employee, and the | 8 | | false representation is for the purpose of effectuating | 9 | | identity theft as defined in Section 16-30 of this Code. | 10 | | (3) A peace officer. | 11 | | (4) A peace officer while carrying a deadly weapon. | 12 | | (5) A peace officer in attempting or committing a | 13 | | felony. | 14 | | (6) A peace officer in attempting or committing a | 15 | | forcible felony. | 16 | | (7) The parent, legal guardian, or other relation of a | 17 | | minor child to any public official, public employee, or | 18 | | elementary or secondary school employee or administrator. | 19 | | (7.5) The legal guardian, including any representative | 20 | | of a State or public guardian, of a person with a | 21 | | disability appointed under Article XIa of the Probate Act | 22 | | of 1975. | 23 | | (8) A fire fighter. | 24 | | (9) A fire fighter while carrying a deadly weapon. | 25 | | (10) A fire fighter in attempting or committing a | 26 | | felony. |
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| 1 | | (11) An emergency management worker of any | 2 | | jurisdiction in this State. | 3 | | (12) An emergency management worker of any | 4 | | jurisdiction in this State in attempting or committing a | 5 | | felony.
For the purposes of this subsection (b), | 6 | | "emergency management worker" has the meaning provided | 7 | | under Section 2-6.6 of this Code. | 8 | | (b-5) The trier of fact may infer that a person falsely | 9 | | represents himself or herself to be a public officer or a | 10 | | public employee or an official or employee of the federal | 11 | | government if the person: | 12 | | (1) wears or displays without authority any uniform, | 13 | | badge, insignia, or facsimile thereof by which a public | 14 | | officer or public employee or official or employee of the | 15 | | federal government is lawfully distinguished; or | 16 | | (2) falsely expresses by word or action that he or she | 17 | | is a public officer or public employee or official or | 18 | | employee of the federal government and is acting with | 19 | | approval or authority of a public agency or department. | 20 | | (c) Fraudulent advertisement of a corporate name. | 21 | | (1) A company, association, or individual commits | 22 | | fraudulent advertisement of a corporate name if he, she, | 23 | | or it, not being incorporated, puts forth a sign or | 24 | | advertisement and assumes, for the purpose of soliciting | 25 | | business, a corporate name. | 26 | | (2) Nothing contained in this subsection (c) prohibits |
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| 1 | | a corporation, company, association, or person from using | 2 | | a divisional designation or trade name in conjunction with | 3 | | its corporate name or assumed name under Section 4.05 of | 4 | | the Business Corporation Act of 1983 or, if it is a member | 5 | | of a partnership or joint venture, from doing partnership | 6 | | or joint venture business under the partnership or joint | 7 | | venture name. The name under which the joint venture or | 8 | | partnership does business may differ from the names of the | 9 | | members. Business may not be conducted or transacted under | 10 | | that joint venture or partnership name, however, unless | 11 | | all provisions of the Assumed Business Name Act have been | 12 | | complied with. Nothing in this subsection (c) permits a | 13 | | foreign corporation to do business in this State without | 14 | | complying with all Illinois laws regulating the doing of | 15 | | business by foreign corporations. No foreign corporation | 16 | | may conduct or transact business in this State as a member | 17 | | of a partnership or joint venture that violates any | 18 | | Illinois law regulating or pertaining to the doing of | 19 | | business by foreign corporations in Illinois. | 20 | | (3) The provisions of this subsection (c) do not apply | 21 | | to limited partnerships formed under the Revised Uniform | 22 | | Limited Partnership Act or under the Uniform Limited | 23 | | Partnership Act (2001). | 24 | | (d) False law enforcement badges. | 25 | | (1) A person commits false law enforcement badges if | 26 | | he or she knowingly produces, sells, or distributes a law |
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| 1 | | enforcement badge without the express written consent of | 2 | | the law enforcement agency represented on the badge or, in | 3 | | case of a reorganized or defunct law enforcement agency, | 4 | | its successor law enforcement agency. | 5 | | (2) It is a defense to false law enforcement badges | 6 | | that the law enforcement badge is used or is intended to be | 7 | | used exclusively: (i) as a memento or in a collection or | 8 | | exhibit; (ii) for decorative purposes; or (iii) for a | 9 | | dramatic presentation, such as a theatrical, film, or | 10 | | television production. | 11 | | (e) False medals. | 12 | | (1) A person commits a false personation if he or she | 13 | | knowingly and falsely represents himself or herself to be | 14 | | a recipient of, or wears on his or her person, any of the | 15 | | following medals if that medal was not awarded to that | 16 | | person by the United States Government, irrespective of | 17 | | branch of service: The Congressional Medal of Honor, The | 18 | | Distinguished Service Cross, The Navy Cross, The Air Force | 19 | | Cross, The Silver Star, The Bronze Star, or the Purple | 20 | | Heart. | 21 | | (2) It is a defense to a prosecution under paragraph | 22 | | (e)(1) that the medal is used, or is intended to be used, | 23 | | exclusively: | 24 | | (A) for a dramatic presentation, such as a | 25 | | theatrical, film, or television production, or a | 26 | | historical re-enactment; or |
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| 1 | | (B) for a costume worn, or intended to be worn, by | 2 | | a person under 18 years of age. | 3 | | (f) Sentence. | 4 | | (1) A violation of paragraph (a)(8) is a petty offense | 5 | | subject to a fine of not less than $5 nor more than $100, | 6 | | and the person, firm, copartnership, or corporation | 7 | | commits an additional petty offense for each day he, she, | 8 | | or it continues to commit the violation. A violation of | 9 | | paragraph (c)(1) is a petty offense, and the company, | 10 | | association, or person commits an additional petty offense | 11 | | for each day he, she, or it continues to commit the | 12 | | violation. A violation of paragraph (a)(2.1) or subsection | 13 | | (e) is a petty offense for which the offender shall be | 14 | | fined at least $100 and not more than $200. | 15 | | (2) A violation of paragraph (a)(1), (a)(3), or | 16 | | (b)(7.5) is a Class C misdemeanor. | 17 | | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | 18 | | (b)(2), or (b)(7) or subsection (d) is a Class A | 19 | | misdemeanor. A second or subsequent violation of | 20 | | subsection (d) is a Class 3 felony. | 21 | | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | 22 | | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is | 23 | | a Class 4 felony. | 24 | | (5) A violation of paragraph (b)(4), (b)(9), or | 25 | | (b)(12) is a Class 3 felony. | 26 | | (6) A violation of paragraph (b)(5) or (b)(10) is a |
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| 1 | | Class 2 felony. | 2 | | (7) A violation of paragraph (b)(6) is a Class 1 | 3 | | felony.
| 4 | | (g) A violation of subsection (a)(1) through (a)(7) or | 5 | | subsection (e) of this Section may be accomplished in person | 6 | | or by any means of communication, including but not limited to | 7 | | the use of an Internet website or any form of electronic | 8 | | communication. | 9 | | (Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; | 10 | | 100-201, eff. 8-18-17.)
| 11 | | (720 ILCS 5/26.5-3) | 12 | | Sec. 26.5-3. Harassment through electronic communications. | 13 | | (a) A person commits harassment through electronic
| 14 | | communications when he or she uses electronic
communication | 15 | | for any of the following purposes: | 16 | | (1) making Making any comment, request, suggestion , or | 17 | | proposal with an intent to harass, annoy, alarm, abuse, | 18 | | torment, or embarrass any individual; | 19 | | (1.1) creating a fictitious online persona or account | 20 | | without permission of another using another person's | 21 | | picture, name, or likeness with the intent to commit a | 22 | | fraud, cause emotional distress, injure the reputation of, | 23 | | or make contact with other personal online contacts of the | 24 | | nonconsenting person; which is obscene
with an intent to | 25 | | offend; |
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| 1 | | (2) interrupting Interrupting , with the intent to | 2 | | harass, the telephone service or the
electronic | 3 | | communication service of any person; | 4 | | (3) transmitting Transmitting to any person, with the | 5 | | intent to harass and regardless
of whether the | 6 | | communication is read in its entirety or at all, any file,
| 7 | | document, or other communication which prevents that | 8 | | person from using his or
her telephone service or | 9 | | electronic communications device; | 10 | | (4) transmitting Transmitting an electronic | 11 | | communication or knowingly inducing a
person to transmit | 12 | | an electronic communication for the purpose of harassing
| 13 | | another person who is under 13 years of age, regardless of | 14 | | whether the person
under 13 years of age consents to the | 15 | | harassment, if the defendant is at least
16 years of age at | 16 | | the time of the commission of the offense; | 17 | | (5) threatening Threatening injury to the person or to | 18 | | the property of the person to
whom an electronic | 19 | | communication is directed or to any of his or her family or
| 20 | | household members; or | 21 | | (6) knowingly Knowingly permitting any electronic | 22 | | communications device to be used
for any of the purposes | 23 | | mentioned in this subsection (a). | 24 | | (b) Telecommunications carriers, commercial mobile service | 25 | | providers, and providers of information services, including, | 26 | | but not limited to, Internet service providers and hosting |
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| 1 | | service providers, are not liable under this Section, except | 2 | | for willful and wanton misconduct, by virtue of the | 3 | | transmission, storage, or caching of electronic communications | 4 | | or messages of others or by virtue of the provision of other | 5 | | related telecommunications, commercial mobile services, or | 6 | | information services used by others in violation of this | 7 | | Section.
| 8 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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