093_SB0319ham001

 










                                     LRB093 03431 AMC 14882 a

 1                    AMENDMENT TO SENATE BILL 319

 2        AMENDMENT NO.     .  Amend Senate Bill 319 on page 1,  by
 3    inserting immediately below line 3 the following:

 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
 
                            -2-      LRB093 03431 AMC 14882 a
 1    licensed under the Assisted Living and  Shared  Housing  Act,
 2    having  reasonable  cause  to  believe any resident with whom
 3    they have direct contact  has  been  subjected  to  abuse  or
 4    neglect shall immediately report or cause a report to be made
 5    to  the Department. Persons required to make reports or cause
 6    reports to be made under this Section include  all  employees
 7    of  the  State  of  Illinois  who  are  involved in providing
 8    services  to  residents,  including  professionals  providing
 9    medical or rehabilitation  services  and  all  other  persons
10    having direct contact with residents; and further include all
11    employees  of community service agencies who provide services
12    to a resident of a public or private long term care  facility
13    outside  of that facility. Any long term care surveyor of the
14    Illinois Department of Public Health who has reasonable cause
15    to believe in the course of a survey that a resident has been
16    abused or neglected and initiates an investigation  while  on
17    site  at  the  facility  shall be exempt from making a report
18    under this Section but the results of any such  investigation
19    shall  be  forwarded  to the central register in a manner and
20    form described by the Department.
21        The requirement of this Act shall not  relieve  any  long
22    term  care  facility  administrator,  agent  or  employee  of
23    responsibility  to  report the abuse or neglect of a resident
24    under Section 3-610 of the Nursing Home Care Act.
25        In addition to  the  above  persons  required  to  report
26    suspected  resident  abuse  and neglect, any other person may
27    make a report to the Department, or to  any  law  enforcement
28    officer,  if  such  person  has reasonable cause to suspect a
29    resident has been abused or neglected.
30        This Section also applies to residents whose death occurs
31    from suspected abuse or neglect before being found or brought
32    to a hospital.
33        A person required to make reports or cause reports to  be
34    made  under  this  Section  who  fails  to  comply  with  the
 
                            -3-      LRB093 03431 AMC 14882 a
 1    requirements   of  this  Section  is  guilty  of  a  Class  A
 2    misdemeanor.  A person who is required  to  make  reports  or
 3    cause  reports  to  be  made  under  this Section who suffers
 4    damages as a result of making or causing to be made a  report
 5    of  a  violation  committed  by  a  licensee or its agents or
 6    employees may bring an action against the  licensee  and  its
 7    agents and employees.
 8        A   person  who  knowingly  transmits  or  causes  to  be
 9    transmitted a false report  to  the  Department  commits  the
10    offense  of disorderly conduct under item (8.5) of subsection
11    (a) of Section 26-1 of the Criminal Code of 1961.
12    (Source: P.A. 91-656, eff. 1-1-01.)"; and

13    on  page  1,  line  5,  by  replacing  "Section  3-608"  with
14    "Sections 3-608 and 3-702"; and

15    on page 1,  immediately  below  line  19,  by  inserting  the
16    following:

17        "(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
18        Sec. 3-702.  (a) A person who believes that this Act or a
19    rule  promulgated  under  this Act may have been violated may
20    request an investigation. The request may be submitted to the
21    Department in writing, by telephone, or by personal visit. An
22    oral complaint shall be reduced to writing by the Department.
23    The Department  shall  request  information  identifying  the
24    complainant,   including  the  name,  address  and  telephone
25    number, to help enable appropriate follow-up. The  Department
26    shall  act  on  such  complaints  via on-site visits or other
27    methods deemed appropriate to handle the complaints  with  or
28    without  such  identifying information, as otherwise provided
29    under this Section. The complainant shall  be  informed  that
30    compliance  with  such request is not required to satisfy the
31    procedures for filing a complaint under this Act.
32        (b)  The substance of the complaint shall be provided  in
 
                            -4-      LRB093 03431 AMC 14882 a
 1    writing  to  the  licensee, owner or administrator no earlier
 2    than at the commencement of  an  on-site  inspection  of  the
 3    facility which takes place pursuant to the complaint.
 4        (c)  The  Department  shall  not disclose the name of the
 5    complainant unless the complainant consents in writing to the
 6    disclosure  or  the  investigation  results  in  a   judicial
 7    proceeding,   or   unless  disclosure  is  essential  to  the
 8    investigation. The complainant shall be given the opportunity
 9    to withdraw the complaint before disclosure. Upon the request
10    of the complainant, the Department may permit the complainant
11    or a representative  of  the  complainant  to  accompany  the
12    person making the on-site inspection of the facility.
13        (d)  Upon  receipt  of  a complaint, the Department shall
14    determine whether this Act or a rule promulgated  under  this
15    Act  has  been  or  is  being  violated. The Department shall
16    investigate all complaints of alleging abuse or neglect  that
17    within  7 days after the receipt of the complaint except that
18    complaints  of  abuse  or  neglect  which  indicate  that   a
19    resident's  life  or  safety  is  in imminent danger shall be
20    investigated within 24 hours after receipt of the  complaint.
21    Complaints alleging immediate jeopardy to a resident's health
22    or  safety  shall be investigated within 2 working days after
23    receipt of the complaint.   All  other  complaints  shall  be
24    investigated  during the facility's next annual survey within
25    30 days after the receipt of the  complaint.  The  Department
26    employees  investigating  a  complaint shall conduct a brief,
27    informal exit conference  with  the  facility  to  alert  its
28    administration of any suspected serious deficiency that poses
29    a  direct  threat  to  the  health,  safety  or  welfare of a
30    resident  to  enable  an   immediate   correction   for   the
31    alleviation  or elimination of such threat.  Such information
32    and findings discussed in the  brief  exit  conference  shall
33    become  a  part  of the investigating record but shall not in
34    any way constitute an official or final notice  of  violation
 
                            -5-      LRB093 03431 AMC 14882 a
 1    as  provided  under  Section  3-301.  All complaints shall be
 2    classified as "an invalid report", "a valid report",  or  "an
 3    undetermined  report".  For  any  complaint  classified as "a
 4    valid  report",  the  Department  must  determine  within  30
 5    working days if any rule or provision of this Act has been or
 6    is being violated.
 7        (d-1)  The Department shall, whenever  possible,  combine
 8    an  on-site  investigation  of a complaint in a facility with
 9    other  inspections  in  order   to   avoid   duplication   of
10    inspections.
11        (e)  In  all  cases,  the  Department  shall  inform  the
12    complainant   of   its   findings   within  10  days  of  its
13    determination unless otherwise indicated by the  complainant,
14    and  the complainant may direct the Department to send a copy
15    of such findings to another person. The Department's findings
16    may include comments or documentation provided by either  the
17    complainant  or the licensee pertaining to the complaint. The
18    Department shall also notify the facility  of  such  findings
19    within  10  days  of  the  determination, but the name of the
20    complainant or residents  shall  not  be  disclosed  in  this
21    notice  to  the  facility.  The notice of such findings shall
22    include a copy of the written determination;  the  correction
23    order,  if  any;  the  warning notice, if any; the inspection
24    report; or the State licensure form on which the violation is
25    listed.
26        (f)  A  written  determination,  correction   order,   or
27    warning  notice  concerning  a  complaint,  together with the
28    facility's  response,   shall   be   available   for   public
29    inspection, but the name of the complainant or resident shall
30    not be disclosed without his consent.
31        (g)  A   complainant   who   is   dissatisfied  with  the
32    determination or investigation by the Department may  request
33    a  hearing  under  Section 3-703. The facility shall be given
34    notice of any such hearing and may participate in the hearing
 
                            -6-      LRB093 03431 AMC 14882 a
 1    as a party.  If a facility requests a hearing  under  Section
 2    3-703  which  concerns  a  matter covered by a complaint, the
 3    complainant shall be given notice and may participate in  the
 4    hearing  as  a  party.   A  request for a hearing by either a
 5    complainant or a facility shall be submitted  in  writing  to
 6    the  Department  within  30  days  after  the  mailing of the
 7    Department's findings as described in subsection (e) of  this
 8    Section.   Upon  receipt  of the request the Department shall
 9    conduct a hearing as provided under Section 3-703.
10        (h)  Any person who knowingly transmits a false report to
11    the Department commits  the  offense  of  disorderly  conduct
12    under subsection (a)(8) of Section 26-1 of the "Criminal Code
13    of 1961".
14    (Source: P.A. 85-1378.)"; and

15    on  page 1, line 21, by replacing "Section" with "Sections 2,
16    4, and"; and

17    on page 1,  immediately  below  line  21,  by  inserting  the
18    following:

19        "(320 ILCS 20/2) (from Ch. 23, par. 6602)
20        Sec.  2.  Definitions.   As  used in this Act, unless the
21    context requires otherwise:
22        (a)  "Abuse" means causing any physical, mental or sexual
23    injury to an eligible adult, including exploitation  of  such
24    adult's financial resources.
25        Nothing  in  this  Act shall be construed to mean that an
26    eligible adult is a victim of abuse or neglect for  the  sole
27    reason  that he or she is being furnished with or relies upon
28    treatment  by  spiritual  means  through  prayer  alone,   in
29    accordance  with  the  tenets  and  practices of a recognized
30    church or religious denomination.
31        Nothing in this Act shall be construed to  mean  that  an
32    eligible  adult  is  a victim of abuse because of health care
 
                            -7-      LRB093 03431 AMC 14882 a
 1    services provided or not provided  by  licensed  health  care
 2    professionals.
 3        (a-5)  "Abuser"  means  a person who abuses, neglects, or
 4    financially exploits an eligible adult.
 5        (a-7)  "Caregiver" means a person who either as a  result
 6    of  a  family  relationship,  voluntarily, or in exchange for
 7    compensation has assumed responsibility for all or a  portion
 8    of  the  care  of an eligible adult who needs assistance with
 9    activities of daily living.
10        (b)  "Department" means the Department on  Aging  of  the
11    State of Illinois.
12        (c)  "Director" means the Director of the Department.
13        (d)  "Domestic  living situation" means a residence where
14    the eligible adult lives alone or with his or her family or a
15    caregiver, or others, or a  board  and  care  home  or  other
16    community-based unlicensed facility, but is not:
17             (1)  A licensed facility as defined in Section 1-113
18        of the Nursing Home Care Act;
19             (2)  A  "life  care facility" as defined in the Life
20        Care Facilities Act;
21             (3)  A home, institution, or other place operated by
22        the federal government or agency thereof or by the  State
23        of Illinois;
24             (4)  A  hospital,  sanitarium, or other institution,
25        the principal  activity  or  business  of  which  is  the
26        diagnosis,  care,  and treatment of human illness through
27        the maintenance and  operation  of  organized  facilities
28        therefor,  which  is  required  to  be licensed under the
29        Hospital Licensing Act;
30             (5)  A "community living facility" as defined in the
31        Community Living Facilities Licensing Act;
32             (6)  A  "community   residential   alternative"   as
33        defined   in   the   Community  Residential  Alternatives
34        Licensing Act; and
 
                            -8-      LRB093 03431 AMC 14882 a
 1             (7)  A "community-integrated living arrangement"  as
 2        defined  in  the Community-Integrated Living Arrangements
 3        Licensure and Certification Act.
 4          (e)  "Eligible adult" means a person 60 years of age or
 5    older who resides in a domestic living situation and  is,  or
 6    is alleged to be, abused, neglected, or financially exploited
 7    by another individual.
 8        (f)  "Emergency"  means  a situation in which an eligible
 9    adult is living in conditions presenting a risk of  death  or
10    physical, mental or sexual injury and the provider agency has
11    reason  to believe the eligible adult is unable to consent to
12    services which would alleviate that risk.
13        (f-5)  "Mandated reporter" means  any  of  the  following
14    persons  while  engaged  in  carrying  out their professional
15    duties:
16             (1)  a professional or professional's delegate while
17        engaged in: (i) social services,  (ii)  law  enforcement,
18        (iii)  education,  (iv)  the care of an eligible adult or
19        eligible adults, or (v) any of the  occupations  required
20        to  be licensed under the Clinical Psychologist Licensing
21        Act, the Clinical Social Work and  Social  Work  Practice
22        Act,  the  Illinois Dental Practice Act, the Dietetic and
23        Nutrition Services Practice Act, the Marriage and  Family
24        Therapy  Licensing Act, the Medical Practice Act of 1987,
25        the Naprapathic Practice Act, the  Nursing  and  Advanced
26        Practice  Nursing  Act,  the  Nursing Home Administrators
27        Licensing and Disciplinary Act, the Illinois Occupational
28        Therapy Practice Act, the  Illinois  Optometric  Practice
29        Act  of  1987,  the  Pharmacy  Practice  Act of 1987, the
30        Illinois Physical Therapy Act,  the  Physician  Assistant
31        Practice  Act of 1987, the Podiatric Medical Practice Act
32        of  1987,  the  Respiratory  Care   Practice   Act,   the
33        Professional    Counselor   and   Clinical   Professional
34        Counselor Licensing  Act,  the  Illinois  Speech-Language
 
                            -9-      LRB093 03431 AMC 14882 a
 1        Pathology  and  Audiology  Practice  Act,  the Veterinary
 2        Medicine and  Surgery  Practice  Act  of  1994,  and  the
 3        Illinois Public Accounting Act;
 4             (2)  an  employee  of  a  vocational  rehabilitation
 5        facility  prescribed  or  supervised by the Department of
 6        Human Services;
 7             (3)  an administrator, employee, or person providing
 8        services in or  through  an  unlicensed  community  based
 9        facility;
10             (4)  (blank) a Christian Science Practitioner;
11             (5)  field  personnel  of  the  Department of Public
12        Aid, Department of Public Health, and Department of Human
13        Services, and any county or municipal health department;
14             (6)  personnel of the Department of Human  Services,
15        the  Guardianship and Advocacy Commission, the State Fire
16        Marshal, local fire departments, the Department on  Aging
17        and  its  subsidiary  Area Agencies on Aging and provider
18        agencies,  and  the  Office  of  State  Long  Term   Care
19        Ombudsman;
20             (7)  any  employee  of  the  State  of  Illinois not
21        otherwise specified herein who is involved  in  providing
22        services  to  eligible  adults,  including  professionals
23        providing  medical  or  rehabilitation  services  and all
24        other persons having direct contact with eligible adults;
25        or
26             (8)  a person who performs the duties of  a  coroner
27        or medical examiner.
28          (g)  "Neglect"  means  another  individual's failure to
29    provide an eligible adult with or willful withholding from an
30    eligible adult the necessities of  life  including,  but  not
31    limited  to,  food,  clothing,  shelter or medical care. This
32    subsection does  not  create  any  new  affirmative  duty  to
33    provide  support  to  eligible  adults.   Nothing in this Act
34    shall be construed to mean that an eligible adult is a victim
 
                            -10-     LRB093 03431 AMC 14882 a
 1    of neglect because of health care services  provided  or  not
 2    provided by licensed health care professionals.
 3        (h)  "Provider  agency"  means  any  public  or nonprofit
 4    agency in a  planning  and  service  area  appointed  by  the
 5    regional  administrative  agency  with  prior approval by the
 6    Department on Aging to receive and assess reports of  alleged
 7    or suspected abuse, neglect, or financial exploitation.
 8        (i)  "Regional administrative agency" means any public or
 9    nonprofit agency in a planning and service area so designated
10    by  the  Department, provided that the designated Area Agency
11    on Aging shall  be  designated  the  regional  administrative
12    agency  if  it  so  requests. The Department shall assume the
13    functions of  the  regional  administrative  agency  for  any
14    planning  and  service  area  where  another agency is not so
15    designated.
16        (j)  "Substantiated  case"  means  a  reported  case   of
17    alleged   or   suspected   abuse,   neglect,   or   financial
18    exploitation  in  which  a provider agency, after assessment,
19    determines that there is reason to believe abuse, neglect, or
20    financial exploitation has occurred.
21    (Source: P.A. 91-259,  eff.  1-1-00;  91-357,  eff.  7-29-99;
22    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

23        (320 ILCS 20/4) (from Ch. 23, par. 6604)
24        Sec. 4.  Reports of abuse or neglect.
25        (a)  Any  person  who  suspects  the  abuse,  neglect, or
26    financial exploitation of an eligible adult may  report  this
27    suspicion  to  an  agency  designated to receive such reports
28    under this Act or to the Department.
29        (a-5)  If any mandated reporter  has  reason  to  believe
30    that  an eligible adult, who because of dysfunction is unable
31    to seek assistance for himself or herself,  has,  within  the
32    previous  12  months,  been  subjected  to abuse, neglect, or
33    financial exploitation, the mandated reporter  shall,  within
 
                            -11-     LRB093 03431 AMC 14882 a
 1    24  hours after developing such belief, report this suspicion
 2    to an agency designated to receive such  reports  under  this
 3    Act  or  to  the Department.  Whenever a mandated reporter is
 4    required to report under this Act in his or her capacity as a
 5    member of the staff of a medical or other public  or  private
 6    institution,  facility, board and care home, or agency, he or
 7    she shall make a report to an agency  designated  to  receive
 8    such   reports  under  this  Act  or  to  the  Department  in
 9    accordance with the provisions  of  this  Act  and  may  also
10    notify  the  person  in  charge of the institution, facility,
11    board and care home, or agency or his or her designated agent
12    that the report has been made.  Under no circumstances  shall
13    any person in charge of such institution, facility, board and
14    care  home, or agency, or his or her designated agent to whom
15    the  notification  has  been  made,  exercise  any   control,
16    restraint, modification, or other change in the report or the
17    forwarding  of  the report to an agency designated to receive
18    such reports under  this  Act  or  to  the  Department.   The
19    privileged  quality of communication between any professional
20    person required to report and his or her  patient  or  client
21    shall not apply to situations involving abused, neglected, or
22    financially   exploited   eligible   adults   and  shall  not
23    constitute grounds for failure to report as required by  this
24    Act.
25        (a-7)  A  person  making  a  report under this Act in the
26    belief that it is in the alleged victim's best interest shall
27    be immune from criminal or civil  liability  or  professional
28    disciplinary   action   on  account  of  making  the  report,
29    notwithstanding    any    requirements     concerning     the
30    confidentiality  of information with respect to such eligible
31    adult which might otherwise be applicable.
32        (a-9)  Law enforcement officers shall continue to  report
33    incidents  of alleged abuse pursuant to the Illinois Domestic
34    Violence Act of 1986, notwithstanding any requirements  under
 
                            -12-     LRB093 03431 AMC 14882 a
 1    this Act.
 2        (b)  Any  person,  institution or agency participating in
 3    the making of a  report,  providing  information  or  records
 4    related   to   a   report,   assessment,   or   services,  or
 5    participating in the investigation of a report under this Act
 6    in good faith, or taking photographs or x-rays as a result of
 7    an authorized assessment, shall have immunity from any civil,
 8    criminal or other liability in any civil, criminal  or  other
 9    proceeding  brought  in  consequence of making such report or
10    assessment  or  on  account  of   submitting   or   otherwise
11    disclosing   such   photographs   or  x-rays  to  any  agency
12    designated to receive reports of alleged or  suspected  abuse
13    or  neglect.  Any person, institution or agency authorized by
14    the  Department  to  provide  assessment,  intervention,   or
15    administrative  services  under  this  Act shall, in the good
16    faith performance of those services, have immunity  from  any
17    civil, criminal or other liability in any civil, criminal, or
18    other  proceeding brought as a consequence of the performance
19    of those services. For the purposes of any  civil,  criminal,
20    or other proceeding, the good faith of any person required to
21    report,   permitted   to   report,  or  participating  in  an
22    investigation of a report  of  alleged  or  suspected  abuse,
23    neglect, or financial exploitation shall be presumed.
24        (c)  The  identity of a person making a report of alleged
25    or suspected abuse or neglect under this Act may be disclosed
26    by the Department or other agency provided for  in  this  Act
27    only with such person's written consent or by court order.
28        (d)  The  Department shall by rule establish a system for
29    filing and compiling reports made under this Act.
30        (e)  A person who knowingly transmits  or  causes  to  be
31    transmitted  a  false  report  to  the Department commits the
32    offense of disorderly conduct under item (8.6) of  subsection
33    (a) of Section 26-1 of the Criminal Code of 1961.
34    (Source: P.A. 90-628, eff. 1-1-99.)"; and
 
                            -13-     LRB093 03431 AMC 14882 a
 1    on  page  2,  by  inserting  immediately  below  line  6  the
 2    following:

 3        "Section  15.  The  Criminal  Code  of 1961 is amended by
 4    changing Section 26-1 as follows:

 5        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
 6        Sec. 26-1.  Elements of the Offense.
 7        (a)  A  person  commits  disorderly   conduct   when   he
 8    knowingly:
 9             (1)  Does  any act in such unreasonable manner as to
10        alarm or disturb another and to provoke a breach  of  the
11        peace; or
12             (2)  Transmits  or  causes  to be transmitted in any
13        manner to the fire department of any city, town,  village
14        or  fire  protection  district  a  false  alarm  of fire,
15        knowing at the time of such transmission that there is no
16        reasonable ground for believing that such fire exists; or
17             (3)  Transmits or causes to be  transmitted  in  any
18        manner to another a false alarm to the effect that a bomb
19        or  other  explosive of any nature or a container holding
20        poison gas, a deadly biological or chemical  contaminant,
21        or  radioactive substance is concealed in such place that
22        its explosion  or  release  would  endanger  human  life,
23        knowing at the time of such transmission that there is no
24        reasonable ground for believing that such bomb, explosive
25        or a container holding poison gas, a deadly biological or
26        chemical   contaminant,   or   radioactive  substance  is
27        concealed in such place; or
28             (4)  Transmits or causes to be  transmitted  in  any
29        manner  to  any  peace  officer, public officer or public
30        employee a report to the effect that an offense  will  be
31        committed,  is  being  committed,  or has been committed,
32        knowing at the time of such transmission that there is no
 
                            -14-     LRB093 03431 AMC 14882 a
 1        reasonable ground for believing that such an offense will
 2        be committed, is being committed, or has been  committed;
 3        or
 4             (5)  Enters  upon  the property of another and for a
 5        lewd  or  unlawful  purpose  deliberately  looks  into  a
 6        dwelling on the property  through  any  window  or  other
 7        opening in it; or
 8             (6)  While  acting as a collection agency as defined
 9        in the "Collection Agency Act" or as an employee of  such
10        collection  agency,  and  while  attempting to collect an
11        alleged debt, makes  a  telephone  call  to  the  alleged
12        debtor  which  is designed to harass, annoy or intimidate
13        the alleged debtor; or
14             (7)  Transmits or causes to be transmitted  a  false
15        report  to the Department of Children and Family Services
16        under Section  4  of  the  "Abused  and  Neglected  Child
17        Reporting Act"; or
18             (8)  Transmits  or  causes to be transmitted a false
19        report to the  Department  of  Public  Health  under  the
20        Nursing Home Care Act; or
21             (8.5)  Transmits or causes to be transmitted a false
22        report  to  the  Department  of  Public  Health under the
23        Abused and Neglected Long Term  Care  Facility  Residents
24        Reporting Act; or
25             (8.6)  Transmits or causes to be transmitted a false
26        report  to  the Department on Aging under the Elder Abuse
27        and Neglect Act; or
28             (9)  Transmits or causes to be  transmitted  in  any
29        manner to the police department or fire department of any
30        municipality   or   fire   protection  district,  or  any
31        privately owned and operated ambulance service,  a  false
32        request    for    an    ambulance,    emergency   medical
33        technician-ambulance      or      emergency       medical
34        technician-paramedic  knowing  at  the  time  there is no
 
                            -15-     LRB093 03431 AMC 14882 a
 1        reasonable ground for believing that such  assistance  is
 2        required; or
 3             (10)  Transmits  or causes to be transmitted a false
 4        report under Article II of "An Act in relation to victims
 5        of violence and abuse", approved September 16,  1984,  as
 6        amended; or
 7             (11)  Transmits  or causes to be transmitted a false
 8        report to any public safety agency without the reasonable
 9        grounds necessary to believe  that  transmitting  such  a
10        report  is  necessary  for  the safety and welfare of the
11        public; or
12             (12)  Calls the number  "911"  for  the  purpose  of
13        making  or  transmitting  a  false alarm or complaint and
14        reporting information when,  at  the  time  the  call  or
15        transmission  is  made,  the  person  knows  there  is no
16        reasonable ground for making the call or transmission and
17        further knows that the call or transmission could  result
18        in the emergency response of any public safety agency.
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),  (a)(7),  (a)(8),  (a)(8.5),  (a)(8.6),  (a)(11),  or
22    (a)(12)  of  this  Section  is  a  Class  A  misdemeanor.   A
23    violation  of subsection (a)(8) or (a)(10) of this Section is
24    a Class B misdemeanor.  A  violation  of  subsection  (a)(2),
25    (a)(4),  or  (a)(9)  of  this Section is a Class 4 felony.  A
26    violation of subsection (a)(3) of this Section is a  Class  3
27    felony,  for which a fine of not less than $3,000 and no more
28    than $10,000 shall be  assessed  in  addition  to  any  other
29    penalty imposed.
30        A  violation  of  subsection  (a)(6) of this Section is a
31    Business Offense and shall be  punished  by  a  fine  not  to
32    exceed   $3,000.    A   second  or  subsequent  violation  of
33    subsection (a)(7), (a)(8), (a)(8.5),  (a)(8.6),  (a)(11),  or
34    (a)(12)  of  this  Section  is  a Class 4 felony.  A third or
 
                            -16-     LRB093 03431 AMC 14882 a
 1    subsequent violation of subsection (a)(5) of this Section  is
 2    a Class 4 felony.
 3        (c)  In  addition  to  any  other  sentence  that  may be
 4    imposed,  a  court  shall  order  any  person  convicted   of
 5    disorderly  conduct to perform community service for not less
 6    than 30 and not more than 120 hours, if community service  is
 7    available  in  the jurisdiction and is funded and approved by
 8    the  county  board  of  the  county  where  the  offense  was
 9    committed.  In addition, whenever any  person  is  placed  on
10    supervision  for  an  alleged offense under this Section, the
11    supervision shall be conditioned upon the performance of  the
12    community service.
13        This  subsection  does not apply when the court imposes a
14    sentence of incarceration.
15    (Source: P.A. 91-115,  eff.  1-1-00;  91-121,  eff.  7-15-99;
16    92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)".