Full Text of SB0768 102nd General Assembly
SB0768sam001 102ND GENERAL ASSEMBLY | Sen. Doris Turner Filed: 3/31/2021
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| 1 | | AMENDMENT TO SENATE BILL 768
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 768 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 | 14 | | manner to the fire
department of any city,
town, village | 15 | | or fire protection district a false alarm of fire, knowing
| 16 | | at the time of the transmission that there is no |
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| 1 | | reasonable ground for
believing that the fire exists;
| 2 | | (3) Transmits or causes to be transmitted in any | 3 | | manner to another a
false alarm to the effect that a bomb | 4 | | or other explosive of any nature or a
container holding | 5 | | poison gas, a deadly biological or chemical contaminant, | 6 | | or
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 | 17 | | function, or school event, whether or not school is in | 18 | | session; | 19 | | (4) Transmits or causes to be transmitted in any | 20 | | manner to any peace
officer, public officer or public | 21 | | employee a report to the effect that an
offense will be | 22 | | committed, is being committed, or has been committed, | 23 | | knowing
at the time of the transmission that there is no | 24 | | reasonable ground for
believing that the offense will be | 25 | | committed, is being committed, or has
been committed;
| 26 | | (5) Transmits or causes to be transmitted in any |
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| 1 | | manner a false report to any public
safety agency without | 2 | | the reasonable grounds necessary to believe that
| 3 | | transmitting the report is necessary for the safety and | 4 | | welfare of the
public; or
| 5 | | (6) Calls the number "911" or transmits or causes to | 6 | | be transmitted in any manner to a public safety agency for | 7 | | the purpose of making or transmitting a
false alarm or | 8 | | complaint and reporting information when, at the time the | 9 | | call
or transmission is made, the person knows there is no | 10 | | reasonable ground for
making the call or transmission and | 11 | | further knows that the call or transmission
could result | 12 | | in the emergency response of any public safety agency . It | 13 | | is not a false alarm or complaint under this paragraph (6) | 14 | | for a person to report his or her honestly perceived | 15 | | belief that the behavior of a police officer is | 16 | | unreasonable under the circumstances and poses an | 17 | | unwarranted physical threat to the person or to another | 18 | | person ;
| 19 | | (7) Transmits or causes to be transmitted in any | 20 | | manner a false report to the
Department of Children and | 21 | | Family Services under Section 4 of the Abused and
| 22 | | Neglected Child Reporting Act;
| 23 | | (8) Transmits or causes to be transmitted in any | 24 | | manner a false report to the
Department of Public Health | 25 | | under the Nursing Home Care Act, the Specialized Mental | 26 | | Health Rehabilitation Act of 2013, the ID/DD Community |
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| 1 | | Care Act, or the MC/DD Act;
| 2 | | (9) Transmits or causes to be transmitted in any | 3 | | manner 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 the | 9 | | assistance is required;
| 10 | | (10) Transmits or causes to be transmitted in any | 11 | | manner a false report under
Article II of Public Act | 12 | | 83-1432;
| 13 | | (11) Enters upon the property of another and for a | 14 | | lewd or unlawful
purpose deliberately looks into a | 15 | | dwelling on the property through any
window or other | 16 | | opening in it; or
| 17 | | (12) While acting as a collection agency as defined in | 18 | | the
Collection Agency Act or as an employee of the | 19 | | collection agency, and
while attempting to collect an | 20 | | alleged debt, makes a telephone call to
the alleged debtor | 21 | | which is designed to harass, annoy or intimidate the
| 22 | | alleged debtor.
| 23 | | (b) Sentence. A violation of subsection (a)(1) of this | 24 | | Section
is a Class C misdemeanor. A violation of subsection | 25 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 26 | | violation of subsection
(a)(8) or (a)(10) of this Section is a |
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| 1 | | Class B misdemeanor. A violation of
subsection (a)(2), | 2 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 3 | | a Class 4
felony. A
violation of subsection (a)(3) of this | 4 | | Section is a Class 3 felony, for which
a fine of not less than | 5 | | $3,000 and no more than $10,000 shall be assessed in
addition | 6 | | to any other penalty imposed.
| 7 | | A violation of subsection (a)(12) of this Section is a | 8 | | Business Offense and
shall be punished by a fine not to exceed | 9 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 10 | | or (a)(5) of this Section is a Class
4 felony. A third or | 11 | | subsequent violation of subsection (a)(11) of this Section
is | 12 | | a Class 4 felony.
| 13 | | (c) In addition to any other sentence that may be imposed, | 14 | | a court shall
order any person convicted of disorderly conduct | 15 | | to perform community service
for not less than 30 and not more | 16 | | than 120 hours, if community service is
available in the | 17 | | jurisdiction and is funded and approved by the county board of
| 18 | | the county where the offense was committed. In addition, | 19 | | whenever any person
is placed on supervision for an alleged | 20 | | offense under this Section, the
supervision shall be | 21 | | conditioned upon the performance of the community service.
| 22 | | This subsection does not apply when the court imposes a | 23 | | sentence of
incarceration. | 24 | | (d) In addition to any other sentence that may be imposed, | 25 | | the court shall
order any person convicted of disorderly | 26 | | conduct under paragraph (3) of subsection (a) involving a |
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| 1 | | false alarm of a threat that a bomb or explosive device has | 2 | | been placed in a school that requires an emergency response to | 3 | | reimburse the unit of government that employs the emergency | 4 | | response officer or officers that were dispatched to the | 5 | | school for the cost of the response. If the court determines | 6 | | that the person convicted of disorderly conduct that requires | 7 | | an emergency response to a school is indigent, the provisions | 8 | | of this subsection (d) do not apply. | 9 | | (e) In addition to any other sentence that may be imposed, | 10 | | the court shall
order any person convicted of disorderly | 11 | | conduct under paragraph (3.5) or (6) of subsection (a) to | 12 | | reimburse the public agency for the reasonable costs of the | 13 | | emergency response by the public agency up to $10,000. If the | 14 | | court determines that the person convicted of disorderly | 15 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 16 | | indigent, the provisions of this subsection (e) do not apply. | 17 | | (f) For the purposes of this Section, "emergency response" | 18 | | means any condition that results in, or could result in, the | 19 | | response of a public official in an authorized emergency | 20 | | vehicle, any condition that jeopardizes or could jeopardize | 21 | | public safety and results in, or could result in, the | 22 | | evacuation of any area, building, structure, vehicle, or of | 23 | | any other place that any person may enter, or any incident | 24 | | requiring a response by a police officer, a firefighter, a | 25 | | State Fire Marshal employee, or an ambulance. | 26 | | (Source: P.A. 101-238, eff. 1-1-20 .)".
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