Full Text of HB4391 94th General Assembly
HB4391eng 94TH GENERAL ASSEMBLY
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HB4391 Engrossed |
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LRB094 13392 RLC 48252 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 26-1 as follows:
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| (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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| Sec. 26-1. Elements of the Offense.
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| (a) A person commits disorderly conduct when he knowingly:
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| (1) Does any act in such unreasonable manner as to | 10 |
| alarm or disturb
another and to provoke a breach of the | 11 |
| peace; or
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| (2) Transmits or causes to be transmitted in any manner | 13 |
| to the fire
department of any city,
town, village or fire | 14 |
| protection district a false alarm of fire, knowing
at the | 15 |
| time of such transmission that there is no reasonable | 16 |
| ground for
believing that such fire exists; or
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| (3) Transmits or causes to be transmitted in any manner | 18 |
| to another a
false alarm to the effect that a bomb or other | 19 |
| explosive of any nature or a
container holding poison gas, | 20 |
| a deadly biological or chemical contaminant, or
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| radioactive substance is concealed in such place that its | 22 |
| explosion or release
would endanger human life, knowing at | 23 |
| the time of such transmission that there
is no reasonable | 24 |
| ground for believing that such bomb, explosive or a | 25 |
| container
holding poison gas, a deadly biological or | 26 |
| chemical contaminant, or radioactive
substance is | 27 |
| concealed in such place; or
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| (4) Transmits or causes to be transmitted in any manner | 29 |
| to any peace
officer, public officer or public employee a | 30 |
| report to the effect that an
offense will be committed, is | 31 |
| being committed, or has been committed, knowing
at the time | 32 |
| of such transmission that there is no reasonable ground for
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LRB094 13392 RLC 48252 b |
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| believing that such an offense will be committed, is being | 2 |
| committed, or has
been committed; or
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| (5) Enters upon the property of another and for a lewd | 4 |
| or unlawful
purpose deliberately looks into a dwelling on | 5 |
| the property through any
window or other opening in it; or
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| (6) While acting as a collection agency as defined in | 7 |
| the
"Collection Agency Act" or as an employee of such | 8 |
| collection agency, and
while attempting to collect an | 9 |
| alleged debt, makes a telephone call to
the alleged debtor | 10 |
| which is designed to harass, annoy or intimidate the
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| alleged debtor; or
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| (7) Transmits or causes to be transmitted a false | 13 |
| report to the
Department of Children and Family Services | 14 |
| under Section 4 of the "Abused and
Neglected Child | 15 |
| Reporting Act"; or
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| (8) Transmits or causes to be transmitted a false | 17 |
| report to the
Department of Public Health under the Nursing | 18 |
| Home Care Act; or
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| (9) Transmits or causes to be transmitted in any manner | 20 |
| to the police
department or fire department of any | 21 |
| municipality or fire protection district,
or any privately | 22 |
| owned and operated ambulance service, a false request for | 23 |
| an
ambulance, emergency medical technician-ambulance or | 24 |
| emergency medical
technician-paramedic knowing at the time | 25 |
| there is no reasonable ground for
believing that such | 26 |
| assistance is required; or
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| (10) Transmits or causes to be transmitted a false | 28 |
| report under
Article II of "An Act in relation to victims | 29 |
| of violence and abuse",
approved September 16, 1984, as | 30 |
| amended; or
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| (11) Transmits or causes to be transmitted a false | 32 |
| report to any public
safety agency without the reasonable | 33 |
| grounds necessary to believe that
transmitting such a | 34 |
| report is necessary for the safety and welfare of the
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| public; or
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| (12) Calls the number "911" for the purpose of making |
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| or transmitting a
false alarm or complaint and reporting | 2 |
| information when, at the time the call
or transmission is | 3 |
| made, the person knows there is no reasonable ground for
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| making the call or transmission and further knows that the | 5 |
| call or transmission
could result in the emergency response | 6 |
| of any public safety agency ; or .
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| (13) Possesses while on, brings onto, or causes to be | 8 |
| brought onto school property, any B-B gun which
expels a | 9 |
| single globular projectile not exceeding .18 inch in
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| diameter and which has a maximum muzzle velocity of less | 11 |
| than 700 feet
per second without the consent of the chief | 12 |
| security officer for such school property. For the purposes | 13 |
| of this Section, "school property" includes any conveyance | 14 |
| owned, leased, or contracted by a school to transport | 15 |
| students to a school or a school related activity.
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| (b) Sentence. A violation of subsection (a)(1) of this | 17 |
| Section
is a Class C misdemeanor. A violation of subsection | 18 |
| (a)(5), (a)(11),
or (a)(12) , or (a)(13) of this Section is a | 19 |
| Class A misdemeanor. A violation of subsection
(a)(8) or | 20 |
| (a)(10) of this Section is a Class B misdemeanor. A violation | 21 |
| of
subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section | 22 |
| is a Class 4
felony. A
violation of subsection (a)(3) of this | 23 |
| Section is a Class 3 felony, for which
a fine of not less than | 24 |
| $3,000 and no more than $10,000 shall be assessed in
addition | 25 |
| to any other penalty imposed. A violation of subsection (a)(13) | 26 |
| of this Section by a person under 13 years of age at the time of | 27 |
| the commission of the offense is a petty offense. A second or | 28 |
| subsequent violation of subsection (a)(13) of this Section by a | 29 |
| person under 13 years of age at the time of the commission of | 30 |
| the offense is a Class A misdemeanor.
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| A violation of subsection (a)(6) of this Section is a | 32 |
| Business Offense and
shall be punished by a fine not to exceed | 33 |
| $3,000. A second or subsequent
violation of subsection (a)(7), | 34 |
| (a)(11), or (a)(12) of this Section is a Class
4 felony. A | 35 |
| third or subsequent violation of subsection (a)(5) of this | 36 |
| Section
is a Class 4 felony.
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| (c) In addition to any other sentence that may be imposed, | 2 |
| a court shall
order any person convicted of disorderly conduct | 3 |
| to perform community service
for not less than 30 and not more | 4 |
| than 120 hours, if community service is
available in the | 5 |
| jurisdiction and is funded and approved by the county board of
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| the county where the offense was committed. In addition, | 7 |
| whenever any person
is placed on supervision for an alleged | 8 |
| offense under this Section, the
supervision shall be | 9 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 11 |
| sentence of
incarceration.
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| (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; | 13 |
| 93-431, eff. 8-5-03.)
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