Full Text of HB4441 102nd General Assembly
HB4441 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4441 Introduced 1/21/2022, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Safe Sidewalks and Roadways Act. Makes it unlawful for a person to panhandle after sunset or before sunrise. Makes it unlawful for a person to panhandle when the person solicited is in any of the following places: (1) at any bus stop or train stop; (2) in any public transportation vehicle or facility; (3) in any vehicle on the street; or (4) on private property, unless the panhandler has permission from the owner or
occupant. Makes it unlawful for any person to panhandle in any of the following manners: (1) by coming within 3 feet of the person solicited, until that person has indicated that
he or she wishes to make a donation; (2) by blocking the path of the person solicited along a sidewalk or street; (3) by following a person who walks away from the panhandler; (4) by using profane or abusive language, either during the solicitation or following a
refusal; (5) by panhandling in a group of 2 or more persons; or (6) by any statement, gesture, or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat. Makes it unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation. Provides that any person who commits a first or second violation of the Act is guilty of a petty offense and shall for a first violation be fined $100 and for a second violation be fined $500. Provides that a third or subsequent violation is a Class C misdemeanor. Defines "panhandle". Contains a severability provision. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 1. Short title. This Act may be cited as the | 5 | | Illinois Safe Sidewalks and Roadways Act. | 6 | | Section 5. Findings and policy. The General Assembly | 7 | | finds and declares that while panhandling is a | 8 | | constitutionally-protected free speech right, aggressive and | 9 | | violent actors across the State approaching passersby on the | 10 | | sidewalk or standing in hazardous positions on the roadway | 11 | | require the need for time, place, and manner restrictions so | 12 | | that the citizens of and visitors to this State can freely walk | 13 | | on sidewalks and drive on roadways without fearing for their | 14 | | safety or the safety of a person blocking a roadway. | 15 | | Section 10. Definition. In this Act, "panhandle" means to | 16 | | solicit in person a request for an immediate donation of | 17 | | money. Purchase of an item for an amount far exceeding its | 18 | | value, under circumstances in which a reasonable person would | 19 | | understand that the purchase is in substance a donation, is a | 20 | | donation for the purpose of this Act. "Panhandle" does not | 21 | | include passively standing or sitting with a sign or other | 22 | | indication that one is seeking donations, without addressing |
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| 1 | | any solicitation to any specific person other than in response | 2 | | to an inquiry by that person. | 3 | | Section 15. Time of panhandling. It is unlawful for any | 4 | | person to panhandle after sunset or before sunrise. | 5 | | Section 20. Place of panhandling. It is unlawful for any | 6 | | person to panhandle when the person solicited is in any of the | 7 | | following places: | 8 | | (1) at any bus stop or train stop; | 9 | | (2) in any public transportation vehicle or facility; | 10 | | (3) in any vehicle on the street; or
| 11 | | (4) on private property, unless the panhandler has | 12 | | permission from the owner or
occupant. | 13 | | Section 25. Manner of panhandling. It is unlawful for any | 14 | | person to panhandle in any of the following manners: | 15 | | (1) by coming within 3 feet of the person solicited, until | 16 | | that person has indicated that
he or she wishes to make a | 17 | | donation; | 18 | | (2) by blocking the path of the person solicited along a | 19 | | sidewalk or street; | 20 | | (3) by following a person who walks away from the | 21 | | panhandler; | 22 | | (4) by using profane or abusive language, either during | 23 | | the solicitation or following a
refusal; |
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| 1 | | (5) by panhandling in a group of 2 or more persons; or | 2 | | (6) by any statement, gesture, or other communication | 3 | | which a reasonable person in the
situation of the person | 4 | | solicited would perceive to be a threat.
| 5 | | Section 30. False or misleading solicitation. It is | 6 | | unlawful for any person to knowingly make any false or | 7 | | misleading representation in the course of soliciting a | 8 | | donation. False or misleading representations include, but are | 9 | | not limited to, the following: | 10 | | (1) stating that the donation is needed to meet a specific | 11 | | need, when the solicitor already
has sufficient funds to meet | 12 | | that need and does not disclose that fact; | 13 | | (2) stating that the donation is needed to meet a need | 14 | | which does not exist; | 15 | | (3) stating that the solicitor is from out of town and | 16 | | stranded, when that is not true; | 17 | | (4) wearing a military uniform or other indication of | 18 | | military service, when the solicitor is neither a present nor | 19 | | former member of the service indicated; | 20 | | (5) wearing or displaying an indication of physical | 21 | | disability, when the solicitor does not suffer the disability | 22 | | indicated; | 23 | | (6) use of any makeup or device to simulate any deformity; | 24 | | or | 25 | | (7) stating that the solicitor is homeless, when he or she |
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| 1 | | is not homeless.
| 2 | | Section 35. Penalties. Any person who commits a first or | 3 | | second violation of this Act is guilty of a petty offense and | 4 | | shall for a first violation be fined $100 and for a second | 5 | | violation be fined $500. A third or subsequent violation is a | 6 | | Class C misdemeanor.
| 7 | | Section 97. Severability. The provisions of this Act are | 8 | | severable under Section 1.31 of the Statute on Statutes. | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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