Full Text of HB1320 96th General Assembly
HB1320 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1320
Introduced 2/18/2009, by Rep. Jil Tracy - Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
|
720 ILCS 135/2 |
from Ch. 134, par. 16.5 |
|
Amends the Harassing and Obscene Communications Act. Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1320 |
|
LRB096 02922 RLC 12936 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Harassing and Obscene Communications Act is | 5 |
| amended by changing Section 2 as follows:
| 6 |
| (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| 7 |
| (Text of Section after amendment by P.A. 95-984 )
| 8 |
| Sec. 2. Sentence.
| 9 |
| (a) Except as provided in
subsection (b), a
person who | 10 |
| violates any of the provisions of
Section 1, 1-1, or 1-2 of | 11 |
| this Act
is guilty of a Class B misdemeanor.
Except as provided
| 12 |
| in subsection (b), a second or subsequent
violation of Section | 13 |
| 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 14 |
| the
court
shall impose a minimum of 14 days in
jail or, if | 15 |
| public or
community service is established in the county in | 16 |
| which the offender was
convicted, 240 hours of public or | 17 |
| community service.
| 18 |
| (b) In any of the following circumstances, a person who | 19 |
| violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 20 |
| a Class 4 felony:
| 21 |
| (1) The person has 3 or more prior violations in the | 22 |
| last 10 years of
harassment
by
telephone under Section 1-1 | 23 |
| of this Act, harassment through electronic
communications |
|
|
|
HB1320 |
- 2 - |
LRB096 02922 RLC 12936 b |
|
| 1 |
| under Section 1-2 of this Act, or any similar offense of | 2 |
| any
state;
| 3 |
| (2) The person has previously violated the harassment | 4 |
| by telephone
provisions of Section 1-1 of this Act or the | 5 |
| harassment through electronic
communications provisions of | 6 |
| Section 1-2 of this Act or committed any similar
offense in | 7 |
| any state with the same victim or a member of the victim's | 8 |
| family or
household;
| 9 |
| (3) At the time of the offense, the offender was under | 10 |
| conditions of bail,
probation, mandatory supervised | 11 |
| release or was the subject of an order of
protection, in | 12 |
| this or any other state, prohibiting contact with the | 13 |
| victim or
any member of the victim's family or household;
| 14 |
| (4) (Blank) In the course of the offense, the offender | 15 |
| threatened to kill the
victim or any member of the victim's | 16 |
| family or household ;
| 17 |
| (5) The person has been convicted in the last 10 years | 18 |
| of a forcible
felony
as defined in Section 2-8 of the | 19 |
| Criminal Code of 1961;
| 20 |
| (6) The person violates paragraph (4.1) of Section 1-1 | 21 |
| or paragraph
(3.1) of subsection (a) of Section 1-2; or | 22 |
| (7) The person was at least 18 years of age at the time | 23 |
| of the commission of the offense and the victim was under | 24 |
| 18 years of age at the time of the commission of the | 25 |
| offense.
| 26 |
| (c) Any violation of Section 1, 1-1, or 1-2 is a Class 3 |
|
|
|
HB1320 |
- 3 - |
LRB096 02922 RLC 12936 b |
|
| 1 |
| felony if, in the course of the offense, the offender | 2 |
| threatened to kill the victim or any member of the victim's | 3 |
| family or household. | 4 |
| (Source: P.A. 95-984, eff. 6-1-09.)
|
|