Full Text of HB3288 97th General Assembly
HB3288 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3288 Introduced 2/24/2011, by Rep. Patricia R. Bellock - Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
| 720 ILCS 135/2 | from Ch. 134, par. 16.5 |
| Amends the Harassing and Obscene Communications Act. Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.
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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 5. The Harassing and Obscene Communications Act is | 5 | | amended by changing Section 2 as follows:
| 6 | | (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| 7 | | Sec. 2. Sentence.
| 8 | | (a) Except as provided in
subsection (b), a
person who | 9 | | violates any of the provisions of
Section 1, 1-1, or 1-2 of | 10 | | this Act
is guilty of a Class B misdemeanor.
Except as provided
| 11 | | in subsection (b), a second or subsequent
violation of Section | 12 | | 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 13 | | the
court
shall impose a minimum of 14 days in
jail or, if | 14 | | public or
community service is established in the county in | 15 | | which the offender was
convicted, 240 hours of public or | 16 | | community service.
| 17 | | (b) In any of the following circumstances, a person who | 18 | | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 19 | | a Class 4 felony:
| 20 | | (1) The person has 3 or more prior violations in the | 21 | | last 10 years of
harassment
by
telephone under Section 1-1 | 22 | | of this Act, harassment through electronic
communications | 23 | | under Section 1-2 of this Act, or any similar offense of |
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| 1 | | any
state;
| 2 | | (2) The person has previously violated the harassment | 3 | | by telephone
provisions of Section 1-1 of this Act or the | 4 | | harassment through electronic
communications provisions of | 5 | | Section 1-2 of this Act or committed any similar
offense in | 6 | | any state with the same victim or a member of the victim's | 7 | | family or
household;
| 8 | | (3) At the time of the offense, the offender was under | 9 | | conditions of bail,
probation, mandatory supervised | 10 | | release or was the subject of an order of
protection, in | 11 | | this or any other state, prohibiting contact with the | 12 | | victim or
any member of the victim's family or household;
| 13 | | (4) (Blank) In the course of the offense, the offender | 14 | | threatened to kill the
victim or any member of the victim's | 15 | | family or household ;
| 16 | | (5) The person has been convicted in the last 10 years | 17 | | of a forcible
felony
as defined in Section 2-8 of the | 18 | | Criminal Code of 1961;
| 19 | | (6) The person violates paragraph (4.1) of Section 1-1 | 20 | | or paragraph
(3.1) of subsection (a) of Section 1-2; or | 21 | | (7) The person was at least 18 years of age at the time | 22 | | of the commission of the offense and the victim was under | 23 | | 18 years of age at the time of the commission of the | 24 | | offense.
| 25 | | (c) Any violation of Section 1, 1-1, or 1-2 is a Class 3 | 26 | | felony if, in the course of the offense, the offender |
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| 1 | | threatened to kill the victim or any member of the victim's | 2 | | family or household. | 3 | | (Source: P.A. 95-984, eff. 6-1-09 .)
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