Full Text of SB0563 100th General Assembly
SB0563sam002 100TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/12/2018
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| 1 | | AMENDMENT TO SENATE BILL 563
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 563 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 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. Disorderly conduct.
| 8 | | (a) A person commits disorderly conduct when he or she | 9 | | knowingly:
| 10 | | (1) Does any act in such unreasonable manner as to | 11 | | alarm or disturb
another and to provoke a breach of the | 12 | | peace;
| 13 | | (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 the transmission that there is no reasonable ground |
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| 1 | | for
believing that the fire exists;
| 2 | | (3) Transmits or causes to be transmitted in any manner | 3 | | to another a
false alarm to the effect that a bomb or other | 4 | | explosive of any nature or a
container holding poison gas, | 5 | | a deadly biological or chemical contaminant, or
| 6 | | radioactive substance is concealed in a place where its | 7 | | explosion or release
would endanger human life, knowing at | 8 | | the time of the transmission that there
is no reasonable | 9 | | ground for believing that the bomb, explosive or a | 10 | | container
holding poison gas, a deadly biological or | 11 | | chemical contaminant, or radioactive
substance is | 12 | | concealed in the place;
| 13 | | (3.5) Transmits or causes to be transmitted in any | 14 | | manner a threat of destruction of a school building or | 15 | | school property, or a threat of violence, death, or bodily | 16 | | harm directed against persons at a school, school function, | 17 | | or school event, whether or not school is in session; | 18 | | (4) Transmits or causes to be transmitted in any manner | 19 | | to any peace
officer, public officer or public employee a | 20 | | report to the effect that an
offense will be committed, is | 21 | | being committed, or has been committed, knowing
at the time | 22 | | of the transmission that there is no reasonable ground for
| 23 | | believing that the offense will be committed, is being | 24 | | committed, or has
been committed;
| 25 | | (5) Transmits or causes to be transmitted a false | 26 | | report to any public
safety agency without the reasonable |
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| 1 | | grounds necessary to believe that
transmitting the report | 2 | | is necessary for the safety and welfare of the
public; or
| 3 | | (6) Calls the number "911" or transmits or causes to be | 4 | | transmitted in any manner for the purpose of making or | 5 | | transmitting a
false alarm or complaint and reporting | 6 | | information when, at the time the call
or transmission is | 7 | | made, the person knows there is no reasonable ground for
| 8 | | making the call or transmission and further knows that the | 9 | | call or transmission
could result in the emergency response | 10 | | of any public safety agency;
| 11 | | (7) Transmits or causes to be transmitted a false | 12 | | report to the
Department of Children and Family Services | 13 | | under Section 4 of the Abused and
Neglected Child Reporting | 14 | | Act;
| 15 | | (8) Transmits or causes to be transmitted a false | 16 | | report to the
Department of Public Health under the Nursing | 17 | | Home Care Act, the Specialized Mental Health | 18 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, | 19 | | or the MC/DD Act;
| 20 | | (9) Transmits or causes to be transmitted in any manner | 21 | | to the police
department or fire department of any | 22 | | municipality or fire protection district,
or any privately | 23 | | owned and operated ambulance service, a false request for | 24 | | an
ambulance, emergency medical technician-ambulance or | 25 | | emergency medical
technician-paramedic knowing at the time | 26 | | there is no reasonable ground for
believing that the |
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| 1 | | assistance is required;
| 2 | | (10) Transmits or causes to be transmitted a false | 3 | | report under
Article II of Public Act 83-1432;
| 4 | | (11) Enters upon the property of another and for a lewd | 5 | | or unlawful
purpose deliberately looks into a dwelling on | 6 | | the property through any
window or other opening in it; or
| 7 | | (12) While acting as a collection agency as defined in | 8 | | the
Collection Agency Act or as an employee of the | 9 | | collection agency, and
while attempting to collect an | 10 | | alleged debt, makes a telephone call to
the alleged debtor | 11 | | which is designed to harass, annoy or intimidate the
| 12 | | alleged debtor.
| 13 | | (b) Sentence. A violation of subsection (a)(1) of this | 14 | | Section
is a Class C misdemeanor. A violation of subsection | 15 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 16 | | violation of subsection
(a)(8) or (a)(10) of this Section is a | 17 | | Class B misdemeanor. A violation of
subsection (a)(2), | 18 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 19 | | a Class 4
felony. A
violation of subsection (a)(3) of this | 20 | | Section is a Class 3 felony, for which
a fine of not less than | 21 | | $3,000 and no more than $10,000 shall be assessed in
addition | 22 | | to any other penalty imposed.
| 23 | | A violation of subsection (a)(12) of this Section is a | 24 | | Business Offense and
shall be punished by a fine not to exceed | 25 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 26 | | or (a)(5) of this Section is a Class
4 felony. A third or |
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| 1 | | subsequent violation of subsection (a)(11) of this Section
is a | 2 | | Class 4 felony.
| 3 | | (c) In addition to any other sentence that may be imposed, | 4 | | a court shall
order any person convicted of disorderly conduct | 5 | | to perform community service
for not less than 30 and not more | 6 | | than 120 hours, if community service is
available in the | 7 | | jurisdiction and is funded and approved by the county board of
| 8 | | the county where the offense was committed. In addition, | 9 | | whenever any person
is placed on supervision for an alleged | 10 | | offense under this Section, the
supervision shall be | 11 | | conditioned upon the performance of the community service.
| 12 | | This subsection does not apply when the court imposes a | 13 | | sentence of
incarceration. | 14 | | (d) In addition to any other sentence that may be imposed, | 15 | | the court shall
order any person convicted of disorderly | 16 | | conduct that requires an emergency response to under paragraph | 17 | | (3) of subsection (a) involving a false alarm of a threat that | 18 | | a bomb or explosive device has been placed in a school to | 19 | | reimburse the unit of government that employs the emergency | 20 | | response officer or officers that were dispatched to the school | 21 | | for the cost of the response search for a bomb or explosive | 22 | | device . | 23 | | (e) In addition to any other sentence that may be imposed, | 24 | | the court shall
order any person convicted of disorderly | 25 | | conduct under paragraph (6) of subsection (a) to reimburse the | 26 | | public agency for the reasonable costs of the emergency |
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| 1 | | response by the public agency up to $10,000. If the court | 2 | | determines that the person convicted of disorderly conduct | 3 | | under paragraph (6) of subsection (a) is indigent, the | 4 | | provisions of this subsection (e) do not apply. | 5 | | (f) For the purposes of this Section, "emergency response" | 6 | | means any condition that results in, or could result in, the | 7 | | response of a public official in an authorized emergency | 8 | | vehicle, any condition that jeopardizes or could jeopardize | 9 | | public safety and results in, or could result in, the | 10 | | evacuation of any area, building, structure, vehicle, or of any | 11 | | other place that any person may enter, or any incident | 12 | | requiring a response by a police officer, a firefighter, a | 13 | | State Fire Marshal employee, or an ambulance. | 14 | | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | 15 | | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) | 16 | | Section 10. The Code of Criminal Procedure of 1963 is | 17 | | amended by changing Section 107-6 as follows:
| 18 | | (725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
| 19 | | Sec. 107-6. Release by officer of person arrested ; mental | 20 | | health evaluation .
| 21 | | (a) In this Section, "qualified examiner" has the meaning | 22 | | provided in Section
1-122 of the Mental Health and | 23 | | Developmental Disabilities Code. | 24 | | (b) A peace officer who arrests a person without a warrant |
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| 1 | | is authorized to
release the person without requiring him or | 2 | | her to appear before a court when the
officer is satisfied that | 3 | | there are no grounds for criminal complaint
against the person | 4 | | arrested.
| 5 | | (c) To assist a peace officer in making the determination | 6 | | to release a person under subsection (b) of this Section or | 7 | | with respect to release of a person after detention by the | 8 | | officer without an arrest, if the officer has reasonable | 9 | | grounds to believe the person made a threat of violence, death, | 10 | | or bodily harm against a person, school, school function, or | 11 | | school event, the officer may seek to obtain a mental health | 12 | | evaluation of the person by a physician,
clinical psychologist, | 13 | | or qualified examiner, whether employed
by the State, by any | 14 | | public or private mental health facility or part of the | 15 | | facility,
or by any public or private medical facility or part | 16 | | of the facility. | 17 | | (Source: Laws 1963, p. 2836.)".
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