Full Text of HB0392 100th General Assembly
HB0392 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0392 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".
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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 2012 is amended by changing | 5 | | Sections 11-30, 25-1, and 31-1 and by adding Section 2-23 as | 6 | | follows: | 7 | | (720 ILCS 5/2-23 new) | 8 | | Sec. 2-23. "Youth center". | 9 | | "Youth center" means a facility operated by the Department | 10 | | of Juvenile Justice or other juvenile detention facility.
| 11 | | (720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
| 12 | | Sec. 11-30. Public indecency.
| 13 | | (a) Any person of the age of 17 years and upwards who | 14 | | performs any of
the following acts in a public place commits a | 15 | | public indecency:
| 16 | | (1) An act of sexual penetration or sexual conduct; or
| 17 | | (2) A lewd exposure of the body done with intent to | 18 | | arouse or to satisfy
the sexual desire of the person.
| 19 | | Breast-feeding of infants is not an act of public | 20 | | indecency.
| 21 | | (b) "Public place" for purposes of this Section means any | 22 | | place where
the conduct may reasonably be expected to be viewed |
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| 1 | | by others.
| 2 | | (c) Sentence.
| 3 | | Public indecency is a Class A misdemeanor.
A person | 4 | | convicted of a third or subsequent violation for public | 5 | | indecency
is guilty of a Class 4 felony. Public indecency is a | 6 | | Class 4 felony if committed by a person 17 years or older who | 7 | | is within the secure grounds of a penal institution, youth | 8 | | center, correctional facility, or other facility used to detain | 9 | | a person charged with or convicted of a criminal offense. | 10 | | Public indecency is a Class 3 4 felony if committed by a person | 11 | | 18 years of age or older who is on or within 500 feet of | 12 | | elementary or secondary school grounds when children are | 13 | | present on the grounds.
| 14 | | (Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| 15 | | (720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
| 16 | | Sec. 25-1. Mob action.
| 17 | | (a) A person commits mob action when he or she engages in | 18 | | any of the following:
| 19 | | (1) the knowing or reckless use of force or violence | 20 | | disturbing the public peace by 2 or
more persons acting | 21 | | together and without authority of law;
| 22 | | (1.5) the knowing or reckless use of force or violence | 23 | | that creates a disruption in the operations or programs | 24 | | within a State, county, youth center, correctional | 25 | | facility, or other facility used to detain any person |
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| 1 | | charged with or convicted of a criminal offense by 2 or | 2 | | more persons acting together and without the authority of | 3 | | law; | 4 | | (2) the knowing assembly of 2 or more persons with the | 5 | | intent to commit or facilitate the commission of a felony | 6 | | or misdemeanor; or
| 7 | | (3) the knowing assembly of 2 or more persons, without | 8 | | authority of law, for
the purpose of doing violence to the | 9 | | person or property of anyone supposed
to have been guilty | 10 | | of a violation of the law, or for the purpose of
exercising | 11 | | correctional powers or regulative powers over any person by
| 12 | | violence.
| 13 | | (b) Sentence. | 14 | | (1) Mob action in violation of paragraph (1) or (1.5) | 15 | | of subsection (a) is a Class 3 4
felony.
| 16 | | (2) Mob action in violation of paragraph paragraphs (2) | 17 | | or and (3) of
subsection (a) is a Class C misdemeanor.
| 18 | | (3) A participant in a mob action that by violence | 19 | | inflicts
injury to the person or property of another | 20 | | commits a Class 2 4 felony.
| 21 | | (4) A participant in a mob action who does not withdraw | 22 | | when
commanded to do so by a peace officer or correctional | 23 | | facility employee commits a Class 4 felony A misdemeanor .
| 24 | | (5) In addition to any other sentence that may be | 25 | | imposed, a court shall
order any person convicted of mob | 26 | | action to perform community service for not
less than 30 |
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| 1 | | and not more than 120 hours, if community service is | 2 | | available in
the jurisdiction and is funded and approved by | 3 | | the county board of the county
where the offense was | 4 | | committed. In addition, whenever any person is placed on
| 5 | | supervision for an alleged offense under this Section, the | 6 | | supervision shall be
conditioned upon the performance of | 7 | | the community service. This paragraph does not apply when | 8 | | the court imposes a sentence of
incarceration.
| 9 | | (Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)
| 10 | | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| 11 | | Sec. 31-1. Resisting or obstructing a peace officer, | 12 | | firefighter, or correctional
institution employee. | 13 | | (a) A person who knowingly resists or obstructs the | 14 | | performance by one known
to the person to be a peace officer, | 15 | | firefighter, or correctional institution employee of any
| 16 | | authorized act within his or her official capacity commits a | 17 | | Class A misdemeanor.
| 18 | | (a-5) In addition to any other sentence that may be | 19 | | imposed, a court
shall
order any person convicted of resisting | 20 | | or obstructing a peace officer, firefighter, or correctional
| 21 | | institution employee to be
sentenced to a minimum of 48 | 22 | | consecutive hours of imprisonment or
ordered to perform | 23 | | community service for not less than 100 hours as
may be | 24 | | determined by the court. The person shall not be eligible for | 25 | | probation
in order to reduce the sentence of imprisonment or |
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| 1 | | community service.
| 2 | | (a-7) A person convicted for a violation of this Section | 3 | | whose violation was
the proximate cause of an injury to a peace | 4 | | officer, firefighter, or correctional
institution employee is | 5 | | guilty of a Class 3 4
felony.
| 6 | | (b) For purposes of this Section, "correctional | 7 | | institution employee"
means
any person employed to supervise | 8 | | and control inmates incarcerated in a
penitentiary, State farm, | 9 | | reformatory, prison, jail, house of correction,
police | 10 | | detention area, half-way house, or other institution or place | 11 | | for the
incarceration or custody of persons under sentence for | 12 | | offenses or awaiting
trial or sentence for offenses, under | 13 | | arrest for an offense, a violation of
probation, a violation of | 14 | | parole, a violation of aftercare release, a violation of | 15 | | mandatory supervised
release, or awaiting a bail setting | 16 | | hearing or preliminary hearing, or who
are
sexually dangerous | 17 | | persons or who are sexually violent persons; and "firefighter" | 18 | | means any individual, either as an employee or volunteer, of a | 19 | | regularly
constituted fire department of a municipality or fire | 20 | | protection district who
performs fire fighting duties, | 21 | | including, but not limited to, the fire chief, assistant fire
| 22 | | chief, captain, engineer, driver, ladder person, hose person, | 23 | | pipe person, and any
other member of a regularly constituted | 24 | | fire department. "Firefighter" also means a person employed by | 25 | | the Office of the State Fire Marshal to conduct arson | 26 | | investigations.
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| 1 | | (c) It is an affirmative defense to a violation of this | 2 | | Section if a person resists or obstructs the performance of one | 3 | | known by the person to be a firefighter by returning to or | 4 | | remaining in a dwelling, residence, building, or other | 5 | | structure to rescue or to attempt to rescue any person. | 6 | | (Source: P.A. 98-558, eff. 1-1-14.)
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INDEX
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Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/2-23 new | | | 4 | | 720 ILCS 5/11-30 | was 720 ILCS 5/11-9 | | 5 | | 720 ILCS 5/25-1 | from Ch. 38, par. 25-1 | | 6 | | 720 ILCS 5/31-1 | from Ch. 38, par. 31-1 |
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