Full Text of SB0064 97th General Assembly
SB0064enr 97TH GENERAL ASSEMBLY |
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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 5. The Criminal Code of 1961 is amended by changing | 5 | | Sections 17-2 and 32-5 as follows:
| 6 | | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| 7 | | Sec. 17-2. False personation; use of title; solicitation; | 8 | | certain
entities. | 9 | | (a) A person commits a false personation when he or she | 10 | | falsely represents
himself or herself to be a member or | 11 | | representative of any
veterans' or public safety personnel | 12 | | organization
or a representative of
any charitable | 13 | | organization, or when any person exhibits or uses in any manner
| 14 | | any decal, badge or insignia of any
charitable, public safety | 15 | | personnel, or veterans' organization
when not authorized to
do | 16 | | so by the
charitable, public safety personnel, or veterans' | 17 | | organization.
"Public safety personnel organization" has the | 18 | | meaning ascribed to that term
in Section 1 of the Solicitation | 19 | | for Charity Act.
| 20 | | (a-5) A person commits a false personation when he or she | 21 | | falsely
represents himself or herself to be a veteran in | 22 | | seeking employment or
public office.
In this subsection, | 23 | | "veteran" means a person who has served in the
Armed Services |
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| 1 | | or Reserve
Forces of the United States.
| 2 | | (a-6) A person commits a false personation when he or she | 3 | | falsely represents himself or herself to be a recipient of, or | 4 | | wears on his or her person, any of the following medals if that | 5 | | medal was not awarded to that person by the United States | 6 | | government, irrespective of branch of service: the | 7 | | Congressional Medal of Honor, the Distinguished Service Cross, | 8 | | the Navy Cross, the Air Force Cross, the Silver Star, the | 9 | | Bronze Star, or the Purple Heart.
| 10 | | It is a defense to a prosecution under this subsection | 11 | | (a-6) that the medal is used, or is intended to be used, | 12 | | exclusively:
| 13 | | (1) for a dramatic presentation, such as a theatrical, | 14 | | film, or television production, or a historical | 15 | | re-enactment; or
| 16 | | (2) for a costume worn, or intended to be worn, by a | 17 | | person under 18 years of age.
| 18 | | (a-7) A person commits a false personation when he or she | 19 | | knowingly and falsely represents himself or herself to be: | 20 | | (1) another actual person and does an act in such | 21 | | assumed character with intent to intimidate, threaten, | 22 | | injure, defraud, or to obtain a benefit from another; or | 23 | | (2) a representative of an actual person or | 24 | | organization and does an act in such false capacity with | 25 | | intent to obtain a benefit or to injure or defraud another. | 26 | | (b) No person shall use the words "Chicago Police," |
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| 1 | | "Chicago Police
Department," "Chicago Patrolman," "Chicago
| 2 | | Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
| 3 | | any other words to the same effect in the title
of any | 4 | | organization, magazine, or other publication without the | 5 | | express
approval of the Chicago Police Board.
| 6 | | (b-5) No person shall use the words "Cook County Sheriff's | 7 | | Police" or
"Cook County Sheriff" or any other words to the same | 8 | | effect in the title of any
organization, magazine, or other | 9 | | publication without the express approval of
the office of the | 10 | | Cook County Sheriff's Merit Board. The references to names
and | 11 | | titles in
this
Section may not be construed as authorizing use | 12 | | of the names and titles of
other organizations or public safety | 13 | | personnel organizations otherwise
prohibited by this Section | 14 | | or the Solicitation for Charity Act.
| 15 | | (b-10) No person may use, in the title of any organization,
| 16 | | magazine, or other publication, the words "officer", "peace
| 17 | | officer", "police", "law enforcement", "trooper", "sheriff",
| 18 | | "deputy", "deputy sheriff", or "state police" in combination | 19 | | with the name of any state, state agency, public university, or | 20 | | unit of local government without the express written | 21 | | authorization of that state, state agency, or unit of local | 22 | | government.
| 23 | | (c) (Blank).
| 24 | | (c-1) No person may claim or represent that he or she is | 25 | | acting on behalf
of
any police
department, chief of a police | 26 | | department, fire department, chief of a fire
department, |
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| 1 | | sheriff's
department, or sheriff when soliciting financial | 2 | | contributions or selling or
delivering or offering
to sell or | 3 | | deliver any merchandise, goods, services, memberships, or
| 4 | | advertisements unless the
chief of the police department, fire | 5 | | department, and the
corporate or municipal authority thereof,
| 6 | | or the sheriff has first
entered into a written
agreement with | 7 | | the person or with an organization with which the person is
| 8 | | affiliated and the
agreement permits the activity.
| 9 | | (c-2) No person, when soliciting financial contributions | 10 | | or selling or
delivering or offering
to sell or deliver any | 11 | | merchandise, goods, services, memberships, or
advertisements | 12 | | may claim
or represent that he or she is representing or acting | 13 | | on behalf of any
nongovernmental
organization by any name which | 14 | | includes "officer", "peace officer", "police",
"law
| 15 | | enforcement", "trooper", "sheriff", "deputy", "deputy | 16 | | sheriff", "State police",
or any other word
or words which | 17 | | would reasonably be understood to imply that the organization | 18 | | is
composed of
law enforcement personnel unless the person is | 19 | | actually representing or acting
on behalf of the
| 20 | | nongovernmental organization, and the nongovernmental | 21 | | organization is
controlled by and
governed by a membership of | 22 | | and represents a group or association of active
duty peace | 23 | | officers,
retired peace officers, or injured peace officers and | 24 | | before commencing the
solicitation or the
sale or the offers to | 25 | | sell any merchandise, goods, services, memberships, or
| 26 | | advertisements, a
written contract between the soliciting or |
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| 1 | | selling person and the
nongovernmental
organization has been | 2 | | entered into.
| 3 | | (c-3) No person may solicit financial contributions or sell | 4 | | or deliver or
offer to sell or
deliver any merchandise, goods, | 5 | | services, memberships, or advertisements on
behalf of a police,
| 6 | | sheriff, or other law enforcement department unless that person | 7 | | is actually
representing or acting
on behalf of the department | 8 | | or governmental organization and has entered into a
written | 9 | | contract
with the police chief, or head of the law enforcement | 10 | | department,
and the corporate or
municipal authority thereof, | 11 | | or the sheriff, which specifies and states clearly
and fully | 12 | | the purposes for which
the proceeds of the solicitation, | 13 | | contribution, or sale will be used.
| 14 | | (c-4) No person, when soliciting financial contributions | 15 | | or selling or
delivering or
offering to sell or deliver any | 16 | | merchandise, goods, services, memberships, or
advertisements,
| 17 | | may claim or represent that he or she is representing or acting | 18 | | on behalf of
any nongovernmental
organization by any name which | 19 | | includes the term "fireman", "fire fighter",
"paramedic", or | 20 | | any
other word or words which would reasonably be understood to | 21 | | imply that the
organization is
composed of fire fighter or | 22 | | paramedic personnel unless the person is actually
representing | 23 | | or
acting on behalf of the nongovernmental organization, and | 24 | | the nongovernmental
organization is
controlled by and governed | 25 | | by a membership of and represents a group or
association of | 26 | | active
duty, retired, or injured fire fighters (for the |
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| 1 | | purposes of this Section,
"fire fighter" has the
meaning | 2 | | ascribed to that term in Section 2 of the Illinois Fire | 3 | | Protection
Training Act)
or active duty, retired, or injured | 4 | | emergency medical technicians - ambulance,
emergency
medical | 5 | | technicians - intermediate, emergency medical technicians - | 6 | | paramedic,
ambulance
drivers, or other medical assistance or | 7 | | first aid personnel, and before
commencing the solicitation
or | 8 | | the sale or delivery or the offers to sell or deliver any | 9 | | merchandise,
goods, services,
memberships, or advertisements, | 10 | | a written contract between the soliciting
or selling person
and | 11 | | the nongovernmental organization has been entered into.
| 12 | | (c-5) No person may solicit financial contributions or sell | 13 | | or deliver or
offer to sell or
deliver any merchandise, goods, | 14 | | services, memberships, or advertisements on
behalf of a
| 15 | | department or departments of fire fighters unless that person | 16 | | is actually
representing or acting on
behalf of the department | 17 | | or departments and has entered into a written contract
with the
| 18 | | department chief and corporate or municipal authority thereof | 19 | | which specifies
and states clearly
and fully the purposes for | 20 | | which the proceeds of the solicitation,
contribution, or sale | 21 | | will be
used.
| 22 | | (c-6) No person may claim or represent that he or she is an | 23 | | airman, airline employee, airport employee, or contractor at an | 24 | | airport in order to obtain the uniform, identification card, | 25 | | license, or other identification paraphernalia of an airman, | 26 | | airline employee, airport employee, or contractor at an |
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| 1 | | airport.
| 2 | | (d) Sentence. False personation, unapproved use of a name | 3 | | or title,
or solicitation in violation of subsection (a), (b), | 4 | | (b-5), or (b-10)
of
this Section is a Class C misdemeanor. | 5 | | False personation in violation of
subsections (a-5) , (a-7), and | 6 | | (c-6) is a Class A misdemeanor.
False personation in violation | 7 | | of subsection (a-6) of this Section is a petty offense for | 8 | | which the offender shall be fined at least $100 and not | 9 | | exceeding $200. Engaging in any activity in violation of | 10 | | subsection (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section | 11 | | is a Class 4 felony. | 12 | | (e) A violation of this Section may be accomplished in | 13 | | person or by any means of communication, including but not | 14 | | limited to the use of an Internet website or any form of | 15 | | electronic communication.
| 16 | | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| 17 | | (720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
| 18 | | Sec. 32-5. False
personation of attorney, judicial, or | 19 | | governmental officials. | 20 | | (a) A person who falsely represents himself or herself to | 21 | | be an attorney
authorized to practice law for purposes of | 22 | | compensation or consideration
commits a Class 4 felony. This | 23 | | subsection (a) does not apply to a person who
unintentionally | 24 | | fails to pay attorney registration fees established by Supreme
| 25 | | Court Rule.
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| 1 | | (b) A person who falsely represents himself or herself to | 2 | | be a public
officer or a public employee or an official or | 3 | | employee of the federal government commits a Class A
| 4 | | misdemeanor. If the false representation is made in furtherance | 5 | | of the commission of a felony, the penalty for a violation of | 6 | | this subsection (b) is a Class 4 felony. | 7 | | (b-5) The trier of fact may infer that a person falsely | 8 | | represents himself or herself to be a public officer or a | 9 | | public employee or an official or employee of the federal | 10 | | government if the person: | 11 | | (1) wears or displays without authority any uniform, | 12 | | badge, insignia, or facsimile thereof by which a public | 13 | | officer or public employee or official or employee of the | 14 | | federal government is lawfully distinguished; or | 15 | | (2) falsely expresses by word or action that he or she | 16 | | is a public officer or public employee or official or | 17 | | employee of the federal government and is acting with | 18 | | approval or authority of a public agency or department.
| 19 | | (c) A person who falsely represents himself or herself to | 20 | | be a public
officer or a public employee commits a Class 4 | 21 | | felony if that false representation was for the purpose of | 22 | | effectuating identity theft as defined in Section 16G-15 of | 23 | | this Code.
| 24 | | (Source: P.A. 94-985, eff. 1-1-07; 95-324, eff. 1-1-08; 95-625, | 25 | | eff. 6-1-08; 95-876, eff. 8-21-08.)
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