Full Text of HB4049 96th General Assembly
HB4049 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4049
Introduced 2/27/2009, by Rep. Timothy L. Schmitz - Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-1 |
from Ch. 38, par. 26-1 |
720 ILCS 5/29D-20 |
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720 ILCS 5/29D-25 |
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Amends the Criminal Code of 1961 relating to the offenses of disorderly conduct, making a terrorist threat, and falsely making a terrorist threat. Provides that a person who makes a threat that a bomb or explosive device has been placed in a school, whether such threat is true or false, shall be required by the court, in addition to any other sentence imposed, to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. Effective immediately.
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A BILL FOR
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HB4049 |
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LRB096 09841 RLC 20004 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 |
| Sections 26-1, 29D-20 and 29D-25 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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LRB096 09841 RLC 20004 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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| 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
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| subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is | 6 |
| a Class 4
felony. A
violation of subsection (a)(3) of this | 7 |
| Section is a Class 3 felony, for which
a fine of not less than | 8 |
| $3,000 and no more than $10,000 shall be assessed in
addition | 9 |
| 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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| (d) In addition to any other sentence that may be imposed, | 2 |
| the court shall
order any person convicted of disorderly | 3 |
| conduct under paragraph (3) of subsection (a) involving a false | 4 |
| alarm of a threat that a bomb or explosive device has been | 5 |
| placed in a school to reimburse the unit of government that | 6 |
| employs the emergency response officer or officers that were | 7 |
| dispatched to the school for the cost of the search for a bomb | 8 |
| or explosive device. For the purposes of this Section, | 9 |
| "emergency response" means any incident requiring a response by | 10 |
| a police officer, a firefighter, a State Fire Marshal employee, | 11 |
| or an ambulance. | 12 |
| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | 13 |
| 93-431, eff. 8-5-03.)
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| (720 ILCS 5/29D-20)
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| Sec. 29D-20. Making a terrorist threat.
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| (a) A person is guilty of making a terrorist threat when, | 17 |
| with the
intent to intimidate or coerce a significant portion | 18 |
| of a civilian population,
he or she in any manner knowingly | 19 |
| threatens to commit
or threatens to cause the commission of a | 20 |
| terrorist act as defined in
Section 29D-10(1) and thereby | 21 |
| causes a
reasonable expectation or fear of the imminent | 22 |
| commission of a terrorist act as
defined in Section 29D-10(1) | 23 |
| or of another terrorist act as defined in Section
29D-10(1).
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| (b) It is not a defense to a prosecution under this Section | 25 |
| that at the
time the defendant made the terrorist threat, |
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| unknown to the defendant, it was
impossible to carry out the | 2 |
| threat, nor is it a defense that the threat was not
made to a | 3 |
| person who was a subject or intended victim of the threatened | 4 |
| act.
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| (c) Sentence. Making a terrorist threat is a Class X | 6 |
| felony.
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| (d) In addition to any other sentence that may be imposed, | 8 |
| the court shall
order any person convicted of making a | 9 |
| terrorist threat involving a threat that a bomb or explosive | 10 |
| device has been placed in a school to reimburse the unit of | 11 |
| government that employs the emergency response officer or | 12 |
| officers that were dispatched to the school for the cost of the | 13 |
| search for a bomb or explosive device. For the purposes of this | 14 |
| Section, "emergency response" means any incident requiring a | 15 |
| response by a police officer, a firefighter, a State Fire | 16 |
| Marshal employee, or an ambulance. | 17 |
| (Source: P.A. 92-854, eff. 12-5-02.)
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| (720 ILCS 5/29D-25)
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| Sec. 29D-25. Falsely making a terrorist threat.
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| (a) A person is guilty of falsely making a terrorist threat
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| when in any manner he or she knowingly makes a threat to commit | 22 |
| or cause to be
committed a terrorist act as defined in Section | 23 |
| 29D-10(1)
or otherwise knowingly creates the impression or | 24 |
| belief that a terrorist act is
about to
be or has been | 25 |
| committed, or in any manner knowingly makes a threat to commit
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| or cause to
be committed a catastrophe as defined in Section | 2 |
| 20.5-5 (720 ILCS 5/20.5-5) of
this Code which he or she knows | 3 |
| is false.
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| (b) Sentence. Falsely making a terrorist threat is a Class | 5 |
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felony.
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| (c) In addition to any other sentence that may be imposed, | 7 |
| the court shall
order any person convicted of falsely making a | 8 |
| terrorist threat, involving a threat that a bomb or explosive | 9 |
| device has been placed in a school in which the offender knows | 10 |
| that such bomb or explosive device was not placed in the | 11 |
| school, to reimburse the unit of government that employs the | 12 |
| emergency response officer or officers that were dispatched to | 13 |
| the school for the cost of the search for a bomb or explosive | 14 |
| device. For the purposes of this Section, "emergency response" | 15 |
| means any incident requiring a response by a police officer, a | 16 |
| firefighter, a State Fire Marshal employee, or an ambulance. | 17 |
| (Source: P.A. 92-854, eff. 12-5-02.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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