Full Text of HB4049 96th General Assembly
HB4049enr 96TH GENERAL ASSEMBLY
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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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| 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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