Full Text of HB1017 94th General Assembly
HB1017 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1017
Introduced 02/03/05, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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50 ILCS 750/2.12 |
from Ch. 134, par. 32.12 |
50 ILCS 750/2.21 new |
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50 ILCS 750/10.1 |
from Ch. 134, par. 40.1 |
50 ILCS 750/15.2 |
from Ch. 134, par. 45.2 |
50 ILCS 750/15.3 |
from Ch. 134, par. 45.3 |
720 ILCS 5/26-2 |
from Ch. 38, par. 26-2 |
50 ILCS 750/13 rep. |
from Ch. 134, par. 43 |
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Amends the Emergency Telephone System Act. Requires one network connection for each T-1 facility. Defines "high-speed channelized service". Provides no public agency or unit of local government shall be liable, except for wilful or wanton misconduct, in connection with placing out-going emergency calls. Adds high-speed channelized service to the types of service that require 5 surcharges per network. Adds to the Section describing the offense of interference with emergency communication a provision that states that any person who without lawful justification interrupts, prevents or otherwise interferes with a 9-1-1 call is subject to Section 26-2 of the Criminal Code (Class A misdemeanor). Amends the Criminal Code by amending the Section describing the offense of interference with emergency communication adding verbal or physical obstruction of a 9-1-1 call or prevention of an emergency communication to the offense. Adds definition of "report of a crime to a law enforcement agency" and "emergency communication" to the criminal offense. Makes the offense solely a Class A misdemeanor (now, Class A and B for different types of interference). Repeals Section 13 of the Emergency Telephone System Act. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB1017 |
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| AN ACT concerning communications.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Telephone System Act is amended by | 5 |
| changing Sections 2.12, 10.1, 15.2, and 15.3 and by adding | 6 |
| Section 2.21 as follows:
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| (50 ILCS 750/2.12) (from Ch. 134, par. 32.12)
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| Sec. 2.12. (a) For the purposes of this Act, "network | 9 |
| connections"
means the number of voice grade communications | 10 |
| channels directly between a
subscriber and a | 11 |
| telecommunications carrier's public switched network,
without | 12 |
| the intervention of any other telecommunications carrier's | 13 |
| switched
network, which would be required to carry the | 14 |
| subscriber's inter-premises
traffic and which connection | 15 |
| either (1) is capable of providing access
through the public
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| switched network to a 9-1-1 Emergency Telephone System if one
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| exists, or, (2) if no system
exists at the time a surcharge is | 18 |
| imposed under Section 15.3 which would be
capable of providing | 19 |
| access through the public switched network to the
local 9-1-1 | 20 |
| Emergency Telephone System if one existed.
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| (b) For the purposes of this Act, no telecommunications | 22 |
| carrier
providing facilities-based local exchange | 23 |
| telecommunications service prior
to January 1, 1986 shall be | 24 |
| required to offer or provide sophisticated 9-1-1
system | 25 |
| features such as selective call routing in any area where that
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| carrier's local switching facility does not have the capability | 27 |
| to do so.
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| (c) For the purposes of this Act, "telecommunication | 29 |
| carrier" does not
include a cellular or other mobile | 30 |
| communication carrier.
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| (d) Where multiple voice grade communication channels are | 32 |
| connected to a
telecommunication carrier's public switched |
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| network through a private branch
exchange service (PBX), there | 2 |
| shall be determined to be one network connection
for each trunk | 3 |
| line capable of transporting either the subscriber's
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| inter-premises traffic to the public switched network or the | 5 |
| subscriber's 9-1-1
calls to the public agency. Where multiple | 6 |
| voice grade communication channels
are connected to a | 7 |
| telecommunication carrier's public switched network
through | 8 |
| centrex type service, the number of network connections shall | 9 |
| be equal
to the number of PBX trunk equivalents for the | 10 |
| subscriber's service, as
determined by reference to any | 11 |
| generally applicable exchange access service
tariff filed by | 12 |
| the subscriber's telecommunications carrier with the
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| Commission.
Where multiple voice grade communication channels | 14 |
| are connected to a telecommunication carrier's public switched | 15 |
| network through a high-speed channelized service, there shall | 16 |
| be determined to be one network connection for each T-1 | 17 |
| facility capable of transporting either the subscriber's | 18 |
| inter-premises traffic to the public switched network or the | 19 |
| subscriber's 9-1-1 calls to the public agency.
This subsection | 20 |
| is not intended to make any change in the meaning of this
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| Section, but is intended to remove possible ambiguity, thereby | 22 |
| confirming the
intent of paragraph (a) as it existed prior to | 23 |
| and following the effective date
of this amendatory Act of | 24 |
| 2002.
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| (Source: P.A. 92-557, eff. 1-1-03.)
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| (50 ILCS 750/2.21 new)
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| Sec. 2.21. High-speed channelized service. "High-speed | 28 |
| channelized service" means any advanced telecommunications | 29 |
| service system, such as, but not limited to, Digital Channel | 30 |
| Service (DCS) or ISDN PRI that is provisioned through the use | 31 |
| of T-1 facilities and that is capable of providing | 32 |
| communications between internal stations and external | 33 |
| networks.
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| (50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
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| Sec. 10.1. Confidentiality.
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| (a) 9-1-1 information consisting of names, addresses and
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| telephone numbers of telephone customers whose listings are not | 4 |
| published
in directories or listed in Directory Assistance | 5 |
| Offices is confidential.
Except as provided in subsection (b), | 6 |
| information shall be provided on a
call-by-call basis only for | 7 |
| the purpose
of responding to emergency calls. For the purposes | 8 |
| of this subsection (a),
"emergency" means a
situation in which | 9 |
| property or human life is in jeopardy and the prompt
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| notification of the public safety agency is essential.
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| (b) 9-1-1 information, including information described in | 12 |
| subsection (a),
may be used by a public safety agency for the | 13 |
| purpose of placing out-going
emergency calls. No public agency, | 14 |
| public safety agency, emergency telephone system board, or unit | 15 |
| of local government assuming the duties of an emergency | 16 |
| telephone system board or telecommunications carrier or | 17 |
| supplier of a computerized warning system that utilizes | 18 |
| automatic out-going call devices or other telecommunication or | 19 |
| information service equipment and services to provide warnings | 20 |
| of impending or threatened emergencies, and no officer, agent, | 21 |
| or employee of any such public agency, public safety agency, | 22 |
| emergency telephone system board, or unit of local government | 23 |
| shall be liable for any civil damages as a result of any act or | 24 |
| omission, except willful or wanton misconduct, in connection | 25 |
| with placing out-going emergency calls.
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| (c) Nothing in this Section prohibits a municipality with a | 27 |
| population
of
more than 500,000 from using 9-1-1 information, | 28 |
| including information described
in subsection (a), for the | 29 |
| purpose of responding to calls made to a
non-emergency | 30 |
| telephone system that is under the supervision and control of a
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| public safety agency and that shares all or some facilities | 32 |
| with an emergency
telephone system.
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| (d) Any public safety agency that uses 9-1-1 information | 34 |
| for the purposes of
subsection (b) must establish methods and | 35 |
| procedures that ensure the
confidentiality of information as | 36 |
| required by subsection (a).
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| (e) Divulging confidential information in violation of | 2 |
| this Section is a
Class A misdemeanor.
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| (Source: P.A. 92-383, eff. 1-1-02.)
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| (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
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| Sec. 15.2. Criminal penalties.
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| (a) Any person calling the number "911" for the purpose of | 7 |
| making a
false alarm or complaint and reporting false | 8 |
| information is subject to the
provisions of Section 26-1 of the | 9 |
| Criminal Code of 1961. | 10 |
| (b) Any person who knowingly and without lawful | 11 |
| justification interrupts, verbally or physically obstructs, | 12 |
| prevents, disrupts, impedes, or otherwise interferes with | 13 |
| another person in making or completing a 9-1-1 call is subject | 14 |
| to the provisions of Section 26-2 of the Criminal Code of 1961.
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| (Source: P.A. 92-502, eff. 12-19-01.)
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| (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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| Sec. 15.3. Surcharge.
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| (a) The corporate authorities of any municipality or any
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| county may, subject to the limitations of subsections (c), (d), | 20 |
| and (h),
and in addition to any tax levied pursuant to the | 21 |
| Simplified Municipal
Telecommunications Tax Act, impose a | 22 |
| monthly surcharge on billed subscribers
of network connection | 23 |
| provided by telecommunication carriers engaged in the
business | 24 |
| of transmitting messages by means of electricity originating | 25 |
| within
the corporate limits of the municipality or county | 26 |
| imposing the surcharge at
a rate per network connection | 27 |
| determined in accordance with subsection (c).
Provided, | 28 |
| however, that where multiple voice grade communications | 29 |
| channels
are connected between the subscriber's premises and a | 30 |
| public switched network
through private branch exchange (PBX) , | 31 |
| high-speed channelized service, or centrex type service, a | 32 |
| municipality
imposing a surcharge at a rate per network | 33 |
| connection, as determined in
accordance with this Act, shall | 34 |
| impose 5 such surcharges per network
connection, as determined |
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| in accordance with subsections (a) and (d) of
Section 2.12 of | 2 |
| this Act.
For mobile telecommunications services, if a | 3 |
| surcharge is imposed it shall be
imposed based upon the | 4 |
| municipality or county that encompasses the customer's
place of | 5 |
| primary use as defined in the Mobile Telecommunications | 6 |
| Sourcing
Conformity Act. A municipality may enter into an | 7 |
| intergovernmental
agreement with any county in which it is | 8 |
| partially located, when the county
has adopted an ordinance to | 9 |
| impose a surcharge as provided in subsection
(c), to include | 10 |
| that portion of the municipality lying outside the county
in | 11 |
| that county's surcharge referendum. If the county's surcharge
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| referendum is approved, the portion of the municipality | 13 |
| identified in the
intergovernmental agreement shall | 14 |
| automatically be disconnected from the
county in which it lies | 15 |
| and connected to the county which approved the
referendum for | 16 |
| purposes of a surcharge on telecommunications carriers.
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| (b) For purposes of computing the surcharge imposed by | 18 |
| subsection (a),
the network connections to which the surcharge | 19 |
| shall apply shall be those
in-service network connections, | 20 |
| other than those network connections
assigned to the | 21 |
| municipality or county, where the service address for each
such | 22 |
| network connection or connections is located within the | 23 |
| corporate
limits of the municipality or county levying the | 24 |
| surcharge. Except for mobile
telecommunication services, the | 25 |
| "service address" shall mean the location of
the primary use of | 26 |
| the network connection or connections. For mobile
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| telecommunication services, "service address" means the | 28 |
| customer's place of
primary use as defined in the Mobile | 29 |
| Telecommunications Sourcing Conformity
Act. With respect to | 30 |
| network connections provided for
use with pay telephone | 31 |
| services for which there is no billed subscriber,
the | 32 |
| telecommunications carrier providing the network connection | 33 |
| shall be
deemed to be its own billed subscriber for purposes of | 34 |
| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge | 36 |
| under this
Section the clerk of the municipality or county |
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| shall certify the question
of whether the surcharge may be | 2 |
| imposed to the proper election authority
who shall submit the | 3 |
| public question to the electors of the municipality or
county | 4 |
| in accordance with the general election law; provided that such
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| question shall not be submitted at a consolidated primary | 6 |
| election. The
public question shall be in substantially the | 7 |
| following form:
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| -------------------------------------------------------------
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| Shall the county (or city, village
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| or incorporated town) of ..... impose YES
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| a surcharge of up to ...˘ per month per
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| network connection, which surcharge will
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| be added to the monthly bill you receive ------------------
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| for telephone or telecommunications
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| charges, for the purpose of installing
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| (or improving) a 9-1-1 Emergency NO
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| Telephone System?
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the public question | 20 |
| are in favor
thereof, the surcharge shall be imposed.
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| However, if a Joint Emergency Telephone System Board is to | 22 |
| be created
pursuant to an intergovernmental agreement under | 23 |
| Section 15.4, the
ordinance to impose the surcharge shall be | 24 |
| subject to the approval of a
majority of the total number of | 25 |
| votes cast upon the public question by the
electors of all of | 26 |
| the municipalities or counties, or combination thereof,
that | 27 |
| are parties to the intergovernmental agreement.
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| The referendum requirement of this subsection (c) shall not | 29 |
| apply
to any municipality with a population over 500,000 or to | 30 |
| any
county in which a proposition as to whether a sophisticated | 31 |
| 9-1-1 Emergency
Telephone System should be installed in the | 32 |
| county, at a cost not to
exceed a specified monthly amount per | 33 |
| network connection, has previously
been approved by a majority | 34 |
| of the electors of the county voting on the
proposition at an | 35 |
| election conducted before the effective date of this
amendatory | 36 |
| Act of 1987.
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| (d) A county may not impose a surcharge, unless requested | 2 |
| by a
municipality, in any incorporated area which has | 3 |
| previously approved a
surcharge as provided in subsection (c) | 4 |
| or in any incorporated area where
the corporate authorities of | 5 |
| the municipality have previously entered into
a binding | 6 |
| contract or letter of intent with a telecommunications carrier | 7 |
| to
provide sophisticated 9-1-1 service through municipal | 8 |
| funds.
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| (e) A municipality or county may at any time by ordinance | 10 |
| change the
rate of the surcharge imposed under this Section if | 11 |
| the new rate does not
exceed the rate specified in the | 12 |
| referendum held pursuant to subsection (c).
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| (f) The surcharge authorized by this Section shall be | 14 |
| collected from
the subscriber by the telecommunications | 15 |
| carrier providing the subscriber
the network connection as a | 16 |
| separately stated item on the subscriber's bill.
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| (g) The amount of surcharge collected by the | 18 |
| telecommunications carrier
shall be paid to the particular | 19 |
| municipality or county or Joint Emergency
Telephone System | 20 |
| Board not later than 30 days after the surcharge is
collected, | 21 |
| net of any network or other 9-1-1 or sophisticated 9-1-1 system
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| charges then due the particular telecommunications carrier, as | 23 |
| shown on an
itemized bill. The telecommunications carrier | 24 |
| collecting the surcharge
shall also be entitled to deduct 3% of | 25 |
| the gross amount of surcharge
collected to reimburse the | 26 |
| telecommunications carrier for the expense of
accounting and | 27 |
| collecting the surcharge.
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| (h) Except as expressly provided in subsection (a) of this | 29 |
| Section, a
municipality with a population over 500,000 may not | 30 |
| impose a
monthly surcharge in excess of $1.25 per network | 31 |
| connection.
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| (i) Any municipality or county or joint emergency telephone | 33 |
| system
board that has imposed a surcharge pursuant to this | 34 |
| Section prior to the
effective date of this amendatory Act of | 35 |
| 1990 shall hereafter impose the
surcharge in accordance with | 36 |
| subsection (b) of this Section.
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| (j) The corporate authorities of any municipality or county | 2 |
| may issue,
in accordance with Illinois law, bonds, notes or | 3 |
| other obligations secured
in whole or in part by the proceeds | 4 |
| of the surcharge described in this
Section. Notwithstanding any | 5 |
| change in law subsequent to the issuance of
any bonds, notes or | 6 |
| other obligations secured by the surcharge, every
municipality | 7 |
| or county issuing such bonds, notes or other obligations shall
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| be authorized to impose the surcharge as though the laws | 9 |
| relating to the
imposition of the surcharge in effect at the | 10 |
| time of issuance of the
bonds, notes or other obligations were | 11 |
| in full force and effect until the
bonds, notes or other | 12 |
| obligations are paid in full.
The State of Illinois pledges and | 13 |
| agrees that it will not limit or alter
the rights and powers | 14 |
| vested in municipalities and counties by this Section
to impose | 15 |
| the surcharge so as to impair the terms of or affect the
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| security for bonds, notes or other obligations secured in whole | 17 |
| or in part
with the proceeds of the surcharge described in this | 18 |
| Section.
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| (k) Any surcharge collected by or imposed on a | 20 |
| telecommunications
carrier pursuant to this Section shall be | 21 |
| held to be a special fund in
trust for the municipality, county | 22 |
| or Joint Emergency Telephone Board
imposing the surcharge. | 23 |
| Except for the 3% deduction provided in subsection
(g) above, | 24 |
| the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier.
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| (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | 27 |
| eff. 1-1-03;
revised 10-2-02.)
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| Section 10. The Criminal Code of 1961 is amended by | 29 |
| changing Section 26-2 as follows:
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| (720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
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| Sec. 26-2. Interference with emergency communication.
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| (a) A person commits the offense of interference with | 33 |
| emergency
communication when he or she knowingly , | 34 |
| intentionally and without lawful
justification interrupts, |
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| verbally or physically obstructs, prevents, disrupts, impedes, | 2 |
| or otherwise interferes
with the transmission of an emergency
a
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| communication over a citizens band radio
channel , the purpose | 4 |
| of which communication is to inform or inquire
about an | 5 |
| emergency.
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| (b) For the purpose of this Section, "emergency" means : (1)
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| a condition or
circumstance in which an individual is or is | 8 |
| reasonably believed by the
person transmitting the | 9 |
| communication to be in imminent danger of serious
bodily injury | 10 |
| or in which property is or is reasonably believed by the person
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| transmitting the communication to be in imminent danger of | 12 |
| damage or
destruction or (2) the report of a crime to a law | 13 |
| enforcement agency; and "emergency communication" means a | 14 |
| 9-1-1 emergency telephone call, an emergency telephone call to | 15 |
| another emergency number established by a public agency for | 16 |
| making emergency calls, or an emergency communicated over a | 17 |
| radio frequency .
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| (c) Sentence.
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| (1) Interference with emergency communication is a | 20 |
| Class
B misdemeanor, except as otherwise provided in | 21 |
| paragraph (2).
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| (2) Interference with emergency communication , where | 23 |
| serious
bodily injury or property loss in excess of $1,000 | 24 |
| results, is a Class
A misdemeanor.
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| (Source: P.A. 82-418 .)
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| (50 ILCS 750/13 rep.) (from Ch. 134, par. 43)
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| Section 90. The Emergency Telephone System Act is amended | 28 |
| by repealing Section 13.
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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