Full Text of HB5815 103rd General Assembly
HB5815 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5815 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
| Amends the Criminal Code of 2012. Provides that disorderly conduct, when a person knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace is a Class A misdemeanor if the violation interferes with emergency response equipment. Provides that a violation is a Class A misdemeanor if that violation results or requires a business or facility to close during the breach of the peace. Provides that the violation is a Class 4 felony if the violation results in bodily harm to an individual. |
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| | 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 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 | 17 | | reasonable ground for believing that the fire exists; | 18 | | (3) Transmits or causes to be transmitted in any | 19 | | manner to another a false alarm to the effect that a bomb | 20 | | or other explosive of any nature or a container holding | 21 | | poison gas, a deadly biological or chemical contaminant, | 22 | | or radioactive substance is concealed in a place where its | 23 | | explosion or release would endanger human life, knowing at |
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| 1 | | the time of the transmission that there is no reasonable | 2 | | ground for believing that the bomb, explosive or a | 3 | | container holding poison gas, a deadly biological or | 4 | | chemical contaminant, or radioactive substance is | 5 | | concealed in the place; | 6 | | (3.5) Transmits or causes to be transmitted in any | 7 | | manner a threat of destruction of a school building or | 8 | | school property, or a threat of violence, death, or bodily | 9 | | harm directed against persons at a school, school | 10 | | function, or school event, whether or not school is in | 11 | | session; | 12 | | (4) Transmits or causes to be transmitted in any | 13 | | manner to any peace officer, public officer or public | 14 | | employee a report to the effect that an offense will be | 15 | | committed, is being committed, or has been committed, | 16 | | knowing at the time of the transmission that there is no | 17 | | reasonable ground for believing that the offense will be | 18 | | committed, is being committed, or has been committed; | 19 | | (5) Transmits or causes to be transmitted in any | 20 | | manner a false report to any public safety agency without | 21 | | the reasonable grounds necessary to believe that | 22 | | transmitting the report is necessary for the safety and | 23 | | welfare of the public; | 24 | | (6) Calls or texts the number "911" or transmits or | 25 | | causes to be transmitted in any manner to a public safety | 26 | | agency or public safety answering point for the purpose of |
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| 1 | | making or transmitting a false alarm or complaint and | 2 | | reporting information when, at the time the call, text, or | 3 | | transmission is made, the person knows there is no | 4 | | reasonable ground for making the call, text, or | 5 | | transmission and further knows that the call, text, or | 6 | | transmission could result in the emergency response of any | 7 | | public safety agency; | 8 | | (7) Transmits or causes to be transmitted in any | 9 | | manner a false report to the Department of Children and | 10 | | Family Services under Section 4 of the Abused and | 11 | | Neglected Child Reporting Act; | 12 | | (8) Transmits or causes to be transmitted in any | 13 | | manner a false report to the Department of Public Health | 14 | | under the Nursing Home Care Act, the Specialized Mental | 15 | | Health Rehabilitation Act of 2013, the ID/DD Community | 16 | | Care Act, or the MC/DD Act; | 17 | | (9) Transmits or causes to be transmitted in any | 18 | | manner to the police department or fire department of any | 19 | | municipality or fire protection district, or any privately | 20 | | owned and operated ambulance service, a false request for | 21 | | an ambulance, emergency medical technician-ambulance or | 22 | | emergency medical technician-paramedic knowing at the time | 23 | | there is no reasonable ground for believing that the | 24 | | assistance is required; | 25 | | (10) Transmits or causes to be transmitted in any | 26 | | manner a false report under Article II of Public Act |
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| 1 | | 83-1432; | 2 | | (11) Enters upon the property of another and for a | 3 | | lewd or unlawful purpose deliberately looks into a | 4 | | dwelling on the property through any window or other | 5 | | opening in it; or | 6 | | (12) While acting as a collection agency as defined in | 7 | | the Collection Agency Act or as an employee of the | 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 | 11 | | alleged debtor. | 12 | | (b) Sentence. A violation of subsection (a)(1) of this | 13 | | Section is a Class C misdemeanor. A violation of subsection | 14 | | (a)(1) of this Section is a Class A misdemeanor if the | 15 | | violation interferes with emergency response equipment. A | 16 | | violation of subsection (a)(1) of this Section is a Class A | 17 | | misdemeanor if that violation results or requires a business | 18 | | or facility to close during the breach of the peace. A | 19 | | violation of subsection (a)(5) or (a)(11) of this Section is a | 20 | | Class A misdemeanor. A violation of subsection (a)(8) or | 21 | | (a)(10) of this Section is a Class B misdemeanor. A violation | 22 | | of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or | 23 | | (a)(9) of this Section is a Class 4 felony. A violation of | 24 | | subsection (a)(3) of this Section is a Class 3 felony, for | 25 | | which a fine of not less than $3,000 and no more than $10,000 | 26 | | shall be assessed in addition to any other penalty imposed. A |
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| 1 | | violation of subsection (a)(1) is a Class 4 felony if the | 2 | | violation results in bodily harm to an individual. | 3 | | A violation of subsection (a)(12) of this Section is a | 4 | | Business Offense and shall be punished by a fine not to exceed | 5 | | $3,000. A second or subsequent violation of subsection (a)(7) | 6 | | or (a)(5) of this Section is a Class 4 felony. A third or | 7 | | subsequent violation of subsection (a)(11) of this Section is | 8 | | a Class 4 felony. | 9 | | (c) In addition to any other sentence that may be imposed, | 10 | | a court shall order any person convicted of disorderly conduct | 11 | | to perform community service for not less than 30 and not more | 12 | | than 120 hours, if community service is available in the | 13 | | jurisdiction and is funded and approved by the county board of | 14 | | the county where the offense was committed. In addition, | 15 | | whenever any person is placed on supervision for an alleged | 16 | | offense under this Section, the supervision shall be | 17 | | conditioned upon the performance of the community service. | 18 | | This subsection does not apply when the court imposes a | 19 | | sentence of incarceration. | 20 | | (d) In addition to any other sentence that may be imposed, | 21 | | the court shall order any person convicted of disorderly | 22 | | conduct under paragraph (3) of subsection (a) involving a | 23 | | false alarm of a threat that a bomb or explosive device has | 24 | | been placed in a school that requires an emergency response to | 25 | | reimburse the unit of government that employs the emergency | 26 | | response officer or officers that were dispatched to the |
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| 1 | | school for the cost of the response. If the court determines | 2 | | that the person convicted of disorderly conduct that requires | 3 | | an emergency response to a school is indigent, the provisions | 4 | | of this subsection (d) do not apply. | 5 | | (e) In addition to any other sentence that may be imposed, | 6 | | the court shall order any person convicted of disorderly | 7 | | conduct under paragraph (3.5) or (6) of subsection (a) to | 8 | | reimburse the public agency for the reasonable costs of the | 9 | | emergency response by the public agency up to $10,000. If the | 10 | | court determines that the person convicted of disorderly | 11 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 12 | | indigent, the provisions of this subsection (e) do not apply. | 13 | | (f) For the purposes of this Section, "emergency response" | 14 | | means any condition that results in, or could result in, the | 15 | | response of a public official in an authorized emergency | 16 | | vehicle, any condition that jeopardizes or could jeopardize | 17 | | public safety and results in, or could result in, the | 18 | | evacuation of any area, building, structure, vehicle, or of | 19 | | any other place that any person may enter, or any incident | 20 | | requiring a response by a police officer, a firefighter, a | 21 | | State Fire Marshal employee, or an ambulance. | 22 | | (Source: P.A. 103-366, eff. 1-1-24 .) |
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