Full Text of HB6101 96th General Assembly
HB6101enr 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 |
| Section 26-1 as follows:
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| (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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| (Text of Section after amendment by P.A. 96-339 ) | 8 |
| 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 | 11 |
| alarm or disturb
another and to provoke a breach of the | 12 |
| peace; or
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| (2) Transmits or causes to be transmitted in any manner | 14 |
| to the fire
department of any city,
town, village or fire | 15 |
| protection district a false alarm of fire, knowing
at the | 16 |
| time of such transmission that there is no reasonable | 17 |
| ground for
believing that such fire exists; or
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| (3) Transmits or causes to be transmitted in any manner | 19 |
| to another a
false alarm to the effect that a bomb or other | 20 |
| explosive of any nature or a
container holding poison gas, | 21 |
| a deadly biological or chemical contaminant, or
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| radioactive substance is concealed in such place that its | 23 |
| explosion or release
would endanger human life, knowing at |
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| the time of such transmission that there
is no reasonable | 2 |
| ground for believing that such bomb, explosive or a | 3 |
| container
holding poison gas, a deadly biological or | 4 |
| chemical contaminant, or radioactive
substance is | 5 |
| concealed in such place; or
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| (4) Transmits or causes to be transmitted in any manner | 7 |
| to any peace
officer, public officer or public employee a | 8 |
| report to the effect that an
offense will be committed, is | 9 |
| being committed, or has been committed, knowing
at the time | 10 |
| of such transmission that there is no reasonable ground for
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| believing that such an offense will be committed, is being | 12 |
| committed, or has
been committed; or
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| (5) Enters upon the property of another and for a lewd | 14 |
| or unlawful
purpose deliberately looks into a dwelling on | 15 |
| 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 | 17 |
| the
"Collection Agency Act" or as an employee of such | 18 |
| collection agency, and
while attempting to collect an | 19 |
| alleged debt, makes a telephone call to
the alleged debtor | 20 |
| 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 | 23 |
| report to the
Department of Children and Family Services | 24 |
| under Section 4 of the "Abused and
Neglected Child | 25 |
| Reporting Act"; or
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| (8) Transmits or causes to be transmitted a false |
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| report to the
Department of Public Health under the Nursing | 2 |
| Home Care Act or the MR/DD Community Care Act; or
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| (9) Transmits or causes to be transmitted in any manner | 4 |
| to the police
department or fire department of any | 5 |
| municipality or fire protection district,
or any privately | 6 |
| owned and operated ambulance service, a false request for | 7 |
| an
ambulance, emergency medical technician-ambulance or | 8 |
| emergency medical
technician-paramedic knowing at the time | 9 |
| there is no reasonable ground for
believing that such | 10 |
| assistance is required; or
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| (10) Transmits or causes to be transmitted a false | 12 |
| report under
Article II of "An Act in relation to victims | 13 |
| of violence and abuse",
approved September 16, 1984, as | 14 |
| amended; or
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| (11) Transmits or causes to be transmitted a false | 16 |
| report to any public
safety agency without the reasonable | 17 |
| grounds necessary to believe that
transmitting such a | 18 |
| 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 | 21 |
| or transmitting a
false alarm or complaint and reporting | 22 |
| information when, at the time the call
or transmission is | 23 |
| made, the person knows there is no reasonable ground for
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| making the call or transmission and further knows that the | 25 |
| call or transmission
could result in the emergency response | 26 |
| of any public safety agency; or
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| (13) Transmits or causes to be transmitted a threat of | 2 |
| destruction of a school building or school property, or a | 3 |
| threat of violence, death, or bodily harm directed against | 4 |
| persons at a school, school function, or school event, | 5 |
| whether or not school is in session. | 6 |
| (b) Sentence. A violation of subsection (a)(1) of this | 7 |
| Section
is a Class C misdemeanor. A violation of subsection | 8 |
| (a)(5) or , (a)(11) ,
or (a)(12) of this Section is a Class A | 9 |
| misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | 10 |
| this Section is a Class B misdemeanor. A violation of
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| subsection (a)(2), (a)(4), (a)(7), (a)(9), (a)(12), or (a)(13) | 12 |
| of this Section is a Class 4
felony. A
violation of subsection | 13 |
| (a)(3) of this Section is a Class 3 felony, for which
a fine of | 14 |
| not less than $3,000 and no more than $10,000 shall be assessed | 15 |
| in
addition to any other penalty imposed.
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| A violation of subsection (a)(6) of this Section is a | 17 |
| Business Offense and
shall be punished by a fine not to exceed | 18 |
| $3,000. A second or subsequent
violation of subsection (a)(7) | 19 |
| or , (a)(11) , or (a)(12) of this Section is a Class
4 felony. A | 20 |
| third or subsequent violation of subsection (a)(5) of this | 21 |
| Section
is a Class 4 felony.
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| (c) In addition to any other sentence that may be imposed, | 23 |
| a court shall
order any person convicted of disorderly conduct | 24 |
| to perform community service
for not less than 30 and not more | 25 |
| than 120 hours, if community service is
available in the | 26 |
| jurisdiction and is funded and approved by the county board of
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| the county where the offense was committed. In addition, | 2 |
| whenever any person
is placed on supervision for an alleged | 3 |
| offense under this Section, the
supervision shall be | 4 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 6 |
| sentence of
incarceration. | 7 |
| (d) In addition to any other sentence that may be imposed, | 8 |
| the court shall
order any person convicted of disorderly | 9 |
| conduct under paragraph (3) of subsection (a) involving a false | 10 |
| alarm of a threat that a bomb or explosive device has been | 11 |
| placed in a school to reimburse the unit of government that | 12 |
| employs the emergency response officer or officers that were | 13 |
| dispatched to the school for the cost of the search for a bomb | 14 |
| or explosive device. For the purposes of this Section, | 15 |
| "emergency response" means any incident requiring a response by | 16 |
| a police officer, a firefighter, a State Fire Marshal employee, | 17 |
| or an ambulance. | 18 |
| (Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09; | 19 |
| 96-772, eff. 1-1-10; revised 9-25-09.)
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