Full Text of HB1105 96th General Assembly
HB1105sam002 96TH GENERAL ASSEMBLY
|
Sen. Matt Murphy
Filed: 5/26/2009
|
|
09600HB1105sam002 |
|
LRB096 05844 RLC 27442 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1105
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1105 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 26-1 as follows:
| 6 |
| (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| 7 |
| Sec. 26-1. Elements of the Offense.
| 8 |
| (a) A person commits disorderly conduct when he 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 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
|
|
|
|
09600HB1105sam002 |
- 2 - |
LRB096 05844 RLC 27442 a |
|
| 1 |
| (3) Transmits or causes to be transmitted in any manner | 2 |
| to another a
false alarm to the effect that a bomb or other | 3 |
| explosive of any nature or a
container holding poison gas, | 4 |
| a deadly biological or chemical contaminant, or
| 5 |
| radioactive substance is concealed in such place that its | 6 |
| explosion or release
would endanger human life, knowing at | 7 |
| the time of such transmission that there
is no reasonable | 8 |
| ground for believing that such bomb, explosive or a | 9 |
| container
holding poison gas, a deadly biological or | 10 |
| chemical contaminant, or radioactive
substance is | 11 |
| concealed in such place; or
| 12 |
| (4) Transmits or causes to be transmitted in any manner | 13 |
| to any peace
officer, public officer or public employee a | 14 |
| report to the effect that an
offense will be committed, is | 15 |
| being committed, or has been committed, knowing
at the time | 16 |
| of such transmission that there is no reasonable ground for
| 17 |
| believing that such an offense will be committed, is being | 18 |
| committed, or has
been committed; or
| 19 |
| (5) Enters upon the property of another and for a lewd | 20 |
| or unlawful
purpose deliberately looks into a dwelling on | 21 |
| the property through any
window or other opening in it; or
| 22 |
| (6) While acting as a collection agency as defined in | 23 |
| the
"Collection Agency Act" or as an employee of such | 24 |
| collection agency, and
while attempting to collect an | 25 |
| alleged debt, makes a telephone call to
the alleged debtor | 26 |
| which is designed to harass, annoy or intimidate the
|
|
|
|
09600HB1105sam002 |
- 3 - |
LRB096 05844 RLC 27442 a |
|
| 1 |
| alleged debtor; or
| 2 |
| (7) Transmits or causes to be transmitted a false | 3 |
| report to the
Department of Children and Family Services | 4 |
| under Section 4 of the "Abused and
Neglected Child | 5 |
| Reporting Act"; or
| 6 |
| (8) Transmits or causes to be transmitted a false | 7 |
| report to the
Department of Public Health under the Nursing | 8 |
| Home Care Act; or
| 9 |
| (9) Transmits or causes to be transmitted in any manner | 10 |
| to the police
department or fire department of any | 11 |
| municipality or fire protection district,
or any privately | 12 |
| owned and operated ambulance service, a false request for | 13 |
| an
ambulance, emergency medical technician-ambulance or | 14 |
| emergency medical
technician-paramedic knowing at the time | 15 |
| there is no reasonable ground for
believing that such | 16 |
| assistance is required; or
| 17 |
| (10) Transmits or causes to be transmitted a false | 18 |
| report under
Article II of "An Act in relation to victims | 19 |
| of violence and abuse",
approved September 16, 1984, as | 20 |
| amended; or
| 21 |
| (11) Transmits or causes to be transmitted a false | 22 |
| report to any public
safety agency without the reasonable | 23 |
| grounds necessary to believe that
transmitting such a | 24 |
| report is necessary for the safety and welfare of the
| 25 |
| public; or
| 26 |
| (12) Calls the number "911" for the purpose of making |
|
|
|
09600HB1105sam002 |
- 4 - |
LRB096 05844 RLC 27442 a |
|
| 1 |
| or transmitting a
false alarm or complaint and reporting | 2 |
| information when, at the time the call
or transmission is | 3 |
| made, the person knows there is no reasonable ground for
| 4 |
| making the call or transmission and further knows that the | 5 |
| call or transmission
could result in the emergency response | 6 |
| of any public safety agency ; or .
| 7 |
| (13) Transmits or causes to be transmitted a threat of | 8 |
| destruction of a school building or school property, or a | 9 |
| threat of violence, death, or bodily harm directed against | 10 |
| persons at a school, school function, or school event, | 11 |
| whether or not school is in session. | 12 |
| (b) Sentence. A violation of subsection (a)(1) of this | 13 |
| Section
is a Class C misdemeanor. A violation of subsection | 14 |
| (a)(5), (a)(11),
or (a)(12) of this Section is a Class A | 15 |
| misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | 16 |
| this Section is a Class B misdemeanor. A violation of
| 17 |
| subsection (a)(2), (a)(4), (a)(7), or (a)(9) , or (a)(13) of | 18 |
| this Section is a Class 4
felony. A
violation of subsection | 19 |
| (a)(3) of this Section is a Class 3 felony, for which
a fine of | 20 |
| not less than $3,000 and no more than $10,000 shall be assessed | 21 |
| in
addition to any other penalty imposed.
| 22 |
| A violation of subsection (a)(6) of this Section is a | 23 |
| Business Offense and
shall be punished by a fine not to exceed | 24 |
| $3,000. A second or subsequent
violation of subsection (a)(7), | 25 |
| (a)(11), or (a)(12) of this Section is a Class
4 felony. A | 26 |
| third or subsequent violation of subsection (a)(5) of this |
|
|
|
09600HB1105sam002 |
- 5 - |
LRB096 05844 RLC 27442 a |
|
| 1 |
| Section
is a Class 4 felony.
| 2 |
| (c) In addition to any other sentence that may be imposed, | 3 |
| a court shall
order any person convicted of disorderly conduct | 4 |
| to perform community service
for not less than 30 and not more | 5 |
| than 120 hours, if community service is
available in the | 6 |
| jurisdiction and is funded and approved by the county board of
| 7 |
| the county where the offense was committed. In addition, | 8 |
| whenever any person
is placed on supervision for an alleged | 9 |
| offense under this Section, the
supervision shall be | 10 |
| conditioned upon the performance of the community service.
| 11 |
| This subsection does not apply when the court imposes a | 12 |
| sentence of
incarceration.
| 13 |
| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | 14 |
| 93-431, eff. 8-5-03.)".
|
|