Full Text of HB1105 96th General Assembly
HB1105 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1105
Introduced 2/11/2009, by Rep. Dennis M. Reboletti - Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-1 |
from Ch. 38, par. 26-1 |
720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
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Amends the Criminal Code of 1961. Provides that disorderly conduct involving a person who knowingly does any act in such unreasonable manner as to alarm or disturb
another and to provoke a breach of the peace and which involves a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed toward persons at a school or school function or school event, whether or not school is in session, is a Class 4 felony (rather than a Class C misdemeanor). Amends the Harassing and Obscene Communications Act. Provides that obscene messages or harassment by telephone or through electronic communications that involves a threat of destruction of a school building or school property, or a threat of violence or bodily harm directed toward persons at a school or school function or school event, whether or not school is in session, is a Class 4 felony (instead of a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense).
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1105 |
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LRB096 05844 RLC 15924 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 knowingly:
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| (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
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| (2) Transmits or causes to be transmitted in any manner | 13 |
| to the fire
department of any city,
town, village or fire | 14 |
| protection district a false alarm of fire, knowing
at the | 15 |
| time of such transmission that there is no reasonable | 16 |
| ground for
believing that such fire exists; or
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| (3) Transmits or causes to be transmitted in any manner | 18 |
| to another a
false alarm to the effect that a bomb or other | 19 |
| explosive of any nature or a
container holding poison gas, | 20 |
| a deadly biological or chemical contaminant, or
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| radioactive substance is concealed in such place that its | 22 |
| explosion or release
would endanger human life, knowing at | 23 |
| the time of such transmission that there
is no reasonable |
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HB1105 |
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LRB096 05844 RLC 15924 b |
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| ground for believing that such bomb, explosive or a | 2 |
| container
holding poison gas, a deadly biological or | 3 |
| chemical contaminant, or radioactive
substance is | 4 |
| concealed in such place; or
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| (4) Transmits or causes to be transmitted in any manner | 6 |
| to any peace
officer, public officer or public employee a | 7 |
| report to the effect that an
offense will be committed, is | 8 |
| being committed, or has been committed, knowing
at the time | 9 |
| of such transmission that there is no reasonable ground for
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| believing that such an offense will be committed, is being | 11 |
| committed, or has
been committed; or
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| (5) Enters upon the property of another and for a lewd | 13 |
| or unlawful
purpose deliberately looks into a dwelling on | 14 |
| 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 | 16 |
| the
"Collection Agency Act" or as an employee of such | 17 |
| collection agency, and
while attempting to collect an | 18 |
| alleged debt, makes a telephone call to
the alleged debtor | 19 |
| 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 | 22 |
| report to the
Department of Children and Family Services | 23 |
| under Section 4 of the "Abused and
Neglected Child | 24 |
| Reporting Act"; or
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| (8) Transmits or causes to be transmitted a false | 26 |
| report to the
Department of Public Health under the Nursing |
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LRB096 05844 RLC 15924 b |
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| Home Care Act; or
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| (9) Transmits or causes to be transmitted in any manner | 3 |
| to the police
department or fire department of any | 4 |
| municipality or fire protection district,
or any privately | 5 |
| owned and operated ambulance service, a false request for | 6 |
| an
ambulance, emergency medical technician-ambulance or | 7 |
| emergency medical
technician-paramedic knowing at the time | 8 |
| there is no reasonable ground for
believing that such | 9 |
| assistance is required; or
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| (10) Transmits or causes to be transmitted a false | 11 |
| report under
Article II of "An Act in relation to victims | 12 |
| of violence and abuse",
approved September 16, 1984, as | 13 |
| amended; or
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| (11) Transmits or causes to be transmitted a false | 15 |
| report to any public
safety agency without the reasonable | 16 |
| grounds necessary to believe that
transmitting such a | 17 |
| report is necessary for the safety and welfare of the
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| public; or
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| (12) Calls the number "911" for the purpose of making | 20 |
| or transmitting a
false alarm or complaint and reporting | 21 |
| information when, at the time the call
or transmission is | 22 |
| made, the person knows there is no reasonable ground for
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| making the call or transmission and further knows that the | 24 |
| call or transmission
could result in the emergency response | 25 |
| of any public safety agency.
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| (b) Sentence. A violation of subsection (a)(1) of this |
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| Section
is a Class C misdemeanor. A violation of subsection | 2 |
| (a)(5), (a)(11),
or (a)(12) of this Section is a Class A | 3 |
| misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | 4 |
| this Section is a Class B misdemeanor. A violation of | 5 |
| subsection (a)(1) involving a threat of destruction of a school | 6 |
| building or school property, or a threat of violence, death, or | 7 |
| bodily harm directed toward persons at a school or school | 8 |
| function or school event, whether or not school is in session, | 9 |
| or a violation of subsection A violation of
subsection (a)(2), | 10 |
| (a)(4), (a)(7), or (a)(9) of this Section is a Class 4
felony. | 11 |
| A
violation of subsection (a)(3) of this Section is a Class 3 | 12 |
| felony, for which
a fine of not less than $3,000 and no more | 13 |
| than $10,000 shall be assessed in
addition to any other penalty | 14 |
| imposed.
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| A violation of subsection (a)(6) of this Section is a | 16 |
| Business Offense and
shall be punished by a fine not to exceed | 17 |
| $3,000. A second or subsequent
violation of subsection (a)(7), | 18 |
| (a)(11), or (a)(12) of this Section is a Class
4 felony. A | 19 |
| third or subsequent violation of subsection (a)(5) of this | 20 |
| Section
is a Class 4 felony.
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| (c) In addition to any other sentence that may be imposed, | 22 |
| a court shall
order any person convicted of disorderly conduct | 23 |
| to perform community service
for not less than 30 and not more | 24 |
| than 120 hours, if community service is
available in the | 25 |
| jurisdiction and is funded and approved by the county board of
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| the county where the offense was committed. In addition, |
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| whenever any person
is placed on supervision for an alleged | 2 |
| offense under this Section, the
supervision shall be | 3 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 5 |
| sentence of
incarceration.
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| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | 7 |
| 93-431, eff. 8-5-03.)
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| Section 10. The Harassing and Obscene Communications Act is | 9 |
| amended by changing Section 2 as follows:
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| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
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| (Text of Section after amendment by P.A. 95-984 )
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| Sec. 2. Sentence.
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| (a) Except as provided in
subsection (b), a
person who | 14 |
| violates any of the provisions of
Section 1, 1-1, or 1-2 of | 15 |
| this Act
is guilty of a Class B misdemeanor.
Except as provided
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| in subsection (b), a second or subsequent
violation of Section | 17 |
| 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 18 |
| the
court
shall impose a minimum of 14 days in
jail or, if | 19 |
| public or
community service is established in the county in | 20 |
| which the offender was
convicted, 240 hours of public or | 21 |
| community service.
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| (b) In any of the following circumstances, a person who | 23 |
| violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 24 |
| a Class 4 felony:
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LRB096 05844 RLC 15924 b |
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| (1) The person has 3 or more prior violations in the | 2 |
| last 10 years of
harassment
by
telephone under Section 1-1 | 3 |
| of this Act, harassment through electronic
communications | 4 |
| under Section 1-2 of this Act, or any similar offense of | 5 |
| any
state;
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| (2) The person has previously violated the harassment | 7 |
| by telephone
provisions of Section 1-1 of this Act or the | 8 |
| harassment through electronic
communications provisions of | 9 |
| Section 1-2 of this Act or committed any similar
offense in | 10 |
| any state with the same victim or a member of the victim's | 11 |
| family or
household;
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| (3) At the time of the offense, the offender was under | 13 |
| conditions of bail,
probation, mandatory supervised | 14 |
| release or was the subject of an order of
protection, in | 15 |
| this or any other state, prohibiting contact with the | 16 |
| victim or
any member of the victim's family or household;
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| (4) In the course of the offense, the offender | 18 |
| threatened to kill the
victim or any member of the victim's | 19 |
| family or household;
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| (5) The person has been convicted in the last 10 years | 21 |
| of a forcible
felony
as defined in Section 2-8 of the | 22 |
| Criminal Code of 1961;
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| (6) The person violates paragraph (4.1) of Section 1-1 | 24 |
| or paragraph
(3.1) of subsection (a) of Section 1-2; or | 25 |
| (7) The person was at least 18 years of age at the time | 26 |
| of the commission of the offense and the victim was under |
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| 18 years of age at the time of the commission of the | 2 |
| offense ; or .
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| (8) The violation of Section 1, 1-1, or 1-2 involves a | 4 |
| threat of destruction of a school building or school | 5 |
| property, or a threat of violence or bodily harm directed | 6 |
| toward persons at a school or school function or school | 7 |
| event, whether or not school is in session. | 8 |
| (Source: P.A. 95-984, eff. 6-1-09.)
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