Illinois General Assembly - Full Text of HB3288
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Full Text of HB3288  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/24/2011, by Rep. Patricia R. Bellock - Sidney H. Mathias


720 ILCS 135/2  from Ch. 134, par. 16.5

    Amends the Harassing and Obscene Communications Act. Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.

LRB097 08257 RLC 48383 b






HB3288LRB097 08257 RLC 48383 b

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 Harassing and Obscene Communications Act is
5amended by changing Section 2 as follows:
6    (720 ILCS 135/2)  (from Ch. 134, par. 16.5)
7    Sec. 2. Sentence.
8    (a) Except as provided in subsection (b), a person who
9violates any of the provisions of Section 1, 1-1, or 1-2 of
10this Act is guilty of a Class B misdemeanor. Except as provided
11in subsection (b), a second or subsequent violation of Section
121, 1-1, or 1-2 of this Act is a Class A misdemeanor, for which
13the court shall impose a minimum of 14 days in jail or, if
14public or community service is established in the county in
15which the offender was convicted, 240 hours of public or
16community service.
17    (b) In any of the following circumstances, a person who
18violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
19a Class 4 felony:
20        (1) The person has 3 or more prior violations in the
21    last 10 years of harassment by telephone under Section 1-1
22    of this Act, harassment through electronic communications
23    under Section 1-2 of this Act, or any similar offense of



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1    any state;
2        (2) The person has previously violated the harassment
3    by telephone provisions of Section 1-1 of this Act or the
4    harassment through electronic communications provisions of
5    Section 1-2 of this Act or committed any similar offense in
6    any state with the same victim or a member of the victim's
7    family or household;
8        (3) At the time of the offense, the offender was under
9    conditions of bail, probation, mandatory supervised
10    release or was the subject of an order of protection, in
11    this or any other state, prohibiting contact with the
12    victim or any member of the victim's family or household;
13        (4) (Blank) In the course of the offense, the offender
14    threatened to kill the victim or any member of the victim's
15    family or household;
16        (5) The person has been convicted in the last 10 years
17    of a forcible felony as defined in Section 2-8 of the
18    Criminal Code of 1961;
19        (6) The person violates paragraph (4.1) of Section 1-1
20    or paragraph (3.1) of subsection (a) of Section 1-2; or
21        (7) The person was at least 18 years of age at the time
22    of the commission of the offense and the victim was under
23    18 years of age at the time of the commission of the
24    offense.
25    (c) Any violation of Section 1, 1-1, or 1-2 is a Class 3
26felony if, in the course of the offense, the offender



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1threatened to kill the victim or any member of the victim's
2family or household.
3(Source: P.A. 95-984, eff. 6-1-09.)