Full Text of HB4532 94th General Assembly
HB4532 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4532
Introduced 1/11/2006, by Rep. Brandon W. Phelps - Donald L. Moffitt - John A. Fritchey - Linda Chapa LaVia - Harry R. Ramey, Jr. SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-1 |
from Ch. 38, par. 26-1 |
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Amends the Criminal Code of 1961 relating to disorderly conduct. Provides that engaging in any loud protests of singing, chanting, whistling, or yelling with or without noise amplification, displaying any visual images that convey fighting words or actual or veiled threats against any other person, engaging in a directed protest march or picket at any public location when any of these activities are conducted within 300 feet of any entrance to a facility being used for a funeral or memorial service, or blocking access to such facility at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates is disorderly conduct in which the penalty is a Class C misdemeanor. Provides that the provisions of the Act are severable. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4532 |
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LRB094 16788 RLC 52059 b |
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| AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 26-1 as follows:
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| (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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| Sec. 26-1. Elements of the Offense.
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| (a) A person commits disorderly conduct when he or she
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| knowingly:
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| (1) Does any act in such unreasonable manner as to | 11 |
| alarm or disturb
another and to provoke a breach of the | 12 |
| peace; or
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| (2) Transmits or causes to be transmitted in any manner | 14 |
| to the fire
department of any city,
town, village or fire | 15 |
| protection district a false alarm of fire, knowing
at the | 16 |
| time of such transmission that there is no reasonable | 17 |
| ground for
believing that such fire exists; or
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| (3) Transmits or causes to be transmitted in any manner | 19 |
| to another a
false alarm to the effect that a bomb or other | 20 |
| explosive of any nature or a
container holding poison gas, | 21 |
| a deadly biological or chemical contaminant, or
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| radioactive substance is concealed in such place that its | 23 |
| explosion or release
would endanger human life, knowing at | 24 |
| the time of such transmission that there
is no reasonable | 25 |
| ground for believing that such bomb, explosive or a | 26 |
| container
holding poison gas, a deadly biological or | 27 |
| chemical contaminant, or radioactive
substance is | 28 |
| concealed in such place; or
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| (4) Transmits or causes to be transmitted in any manner | 30 |
| to any peace
officer, public officer or public employee a | 31 |
| report to the effect that an
offense will be committed, is | 32 |
| being committed, or has been committed, knowing
at the time |
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HB4532 |
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LRB094 16788 RLC 52059 b |
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| of such transmission that there is no reasonable ground for
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| believing that such an offense will be committed, is being | 3 |
| committed, or has
been committed; or
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| (5) Enters upon the property of another and for a lewd | 5 |
| or unlawful
purpose deliberately looks into a dwelling on | 6 |
| the property through any
window or other opening in it; or
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| (6) While acting as a collection agency as defined in | 8 |
| the
"Collection Agency Act" or as an employee of such | 9 |
| collection agency, and
while attempting to collect an | 10 |
| alleged debt, makes a telephone call to
the alleged debtor | 11 |
| which is designed to harass, annoy or intimidate the
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| alleged debtor; or
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| (7) Transmits or causes to be transmitted a false | 14 |
| report to the
Department of Children and Family Services | 15 |
| under Section 4 of the "Abused and
Neglected Child | 16 |
| Reporting Act"; or
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| (8) Transmits or causes to be transmitted a false | 18 |
| report to the
Department of Public Health under the Nursing | 19 |
| Home Care Act; or
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| (9) Transmits or causes to be transmitted in any manner | 21 |
| to the police
department or fire department of any | 22 |
| municipality or fire protection district,
or any privately | 23 |
| owned and operated ambulance service, a false request for | 24 |
| an
ambulance, emergency medical technician-ambulance or | 25 |
| emergency medical
technician-paramedic knowing at the time | 26 |
| there is no reasonable ground for
believing that such | 27 |
| assistance is required; or
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| (10) Transmits or causes to be transmitted a false | 29 |
| report under
Article II of "An Act in relation to victims | 30 |
| of violence and abuse",
approved September 16, 1984, as | 31 |
| amended; or
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| (11) Transmits or causes to be transmitted a false | 33 |
| report to any public
safety agency without the reasonable | 34 |
| grounds necessary to believe that
transmitting such a | 35 |
| report is necessary for the safety and welfare of the
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| public; or
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LRB094 16788 RLC 52059 b |
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| (12) Calls the number "911" for the purpose of making | 2 |
| or transmitting a
false alarm or complaint and reporting | 3 |
| information when, at the time the call
or transmission is | 4 |
| made, the person knows there is no reasonable ground for
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| making the call or transmission and further knows that the | 6 |
| call or transmission
could result in the emergency response | 7 |
| of any public safety agency ; or
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| (13) Engages in any loud protests of singing, chanting, | 9 |
| whistling, or yelling with or without noise amplification | 10 |
| including, but not limited to, bullhorns, auto horns, and | 11 |
| microphones within 300 feet of any entrance to a facility | 12 |
| being used for a funeral or memorial service at any time | 13 |
| during the period starting 30 minutes before any funeral or | 14 |
| memorial service is scheduled to begin and ending 30 | 15 |
| minutes after the funeral or memorial service terminates; | 16 |
| or
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| (14) Displays any visual images that convey fighting | 18 |
| words or actual or veiled threats against any other person | 19 |
| within 300 feet of any entrance to a facility being used | 20 |
| for a funeral or memorial service at any time during the | 21 |
| period starting 30 minutes before any funeral or memorial | 22 |
| service is scheduled to begin and ending 30 minutes after | 23 |
| the funeral or memorial service terminates; or
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| (15) Blocks access to any facility being used for a | 25 |
| funeral or memorial service at any time during the period | 26 |
| starting 30 minutes before any funeral or memorial service | 27 |
| is scheduled to begin and ending 30 minutes after the | 28 |
| funeral or memorial service terminates; or
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| (16) Engages in a directed protest march or picket at | 30 |
| any public location within 300 feet of any entrance to a | 31 |
| facility being used for a funeral or memorial service at | 32 |
| any time during the period starting 30 minutes before any | 33 |
| funeral or memorial service is scheduled to begin and | 34 |
| ending 30 minutes after the funeral or memorial service | 35 |
| terminates.
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| (b) Sentence. A violation of subsection (a)(1) , (a)(13), |
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LRB094 16788 RLC 52059 b |
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| (a)(14), (a)(15), or (a)(16) of this Section
is a Class C | 2 |
| misdemeanor. A violation of subsection (a)(5), (a)(11),
or | 3 |
| (a)(12) of this Section is a Class A misdemeanor. A violation | 4 |
| of subsection
(a)(8) or (a)(10) of this Section is a Class B | 5 |
| misdemeanor. A violation of
subsection (a)(2), (a)(4), (a)(7), | 6 |
| or (a)(9) of this Section is a Class 4
felony. A
violation of | 7 |
| subsection (a)(3) of this Section is a Class 3 felony, for | 8 |
| which
a fine of not less than $3,000 and no more than $10,000 | 9 |
| shall be assessed in
addition to any other penalty imposed.
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| A violation of subsection (a)(6) of this Section is a | 11 |
| Business Offense and
shall be punished by a fine not to exceed | 12 |
| $3,000. A second or subsequent
violation of subsection (a)(7), | 13 |
| (a)(11), or (a)(12) of this Section is a Class
4 felony. A | 14 |
| third or subsequent violation of subsection (a)(5) of this | 15 |
| Section
is a Class 4 felony.
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| (c) In addition to any other sentence that may be imposed, | 17 |
| a court shall
order any person convicted of disorderly conduct | 18 |
| to perform community service
for not less than 30 and not more | 19 |
| than 120 hours, if community service is
available in the | 20 |
| jurisdiction and is funded and approved by the county board of
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| the county where the offense was committed. In addition, | 22 |
| whenever any person
is placed on supervision for an alleged | 23 |
| offense under this Section, the
supervision shall be | 24 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 26 |
| sentence of
incarceration.
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| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | 28 |
| 93-431, eff. 8-5-03.)
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| Section 97. Severability. The provisions of this Act are | 30 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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