Full Text of HB1601 101st General Assembly
HB1601 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Monica Bristow
SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-0.1
720 ILCS 5/12-6
from Ch. 38, par. 12-6
720 ILCS 5/12-6.2
Amends the Criminal Code of 2012 concerning the offenses of
intimidation and aggravated intimidation. Provides that a person also
commits intimidation when, with intent to cause another to
perform or to
omit the performance of any act, he or she communicates to
directly or indirectly by any means, a
threat to cause the person to
falsify, amend, or withdraw a report of his or her abuse. Provides that a
person commits aggravated intimidation when he or she
by causing a person 60 years of age or older or known to be a person with a
disability to falsify, amend, or withdraw a report of his or her abuse.
Provides that aggravated intimidation under these circumstances is
for which the offender may be sentenced to a term of imprisonment
of not less
than 3 years nor more than 14 years. Defines "abuse" and
"person with a disability".
|CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Criminal Code of 2012 is amended by changing
Sections 12-0.1, 12-6, and 12-6.2 as follows:
(720 ILCS 5/12-0.1)
In this Article, unless the
context clearly requires otherwise:
"Abuse" means causing any physical, mental, or sexual
injury to a person, including exploitation of that person's
"Bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and
pension or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
"Coach" means a person recognized as a coach by the
sanctioning authority that conducts an athletic contest.
"Correctional institution employee" means a person
employed by a penal institution.
"Emergency medical services personnel" has the meaning
specified in Section 3.5 of the Emergency Medical Services
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(EMS) Systems Act and shall include all ambulance crew members,
including drivers or pilots.
"Family or household members" include spouses, former
spouses, parents, children, stepchildren, and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of this Code. For
purposes of this Article, neither a casual acquaintanceship nor
ordinary fraternization between 2 individuals in business or
social contexts shall be deemed to constitute a dating
"In the presence of a child" means in the physical presence
of a child or knowing or having reason to know that a child is
present and may see or hear an act constituting an offense.
"Park district employee" means a supervisor, director,
instructor, or other person employed by a park district.
"Person with a disability" means a person with a physical
disability or mental impairment, resulting from disease,
injury, functional disorder, or congenital condition that
renders the person incapable of adequately providing for his or
her own health and personal care.
"Person with a physical disability" means a person who
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suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder, or congenital condition.
"Private security officer" means a registered employee of a
private security contractor agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
"Probation officer" means a person as defined in the
Probation and Probation Officers Act.
"Sports official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
"Sports venue" means a publicly or privately owned sports
or entertainment arena, stadium, community or convention hall,
special event center, or amusement facility, or a special event
center in a public park, during the 12 hours before or after
the sanctioned sporting event.
"Streetgang", "streetgang member", and "criminal street
gang" have the meanings ascribed to those terms in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
"Transit employee" means a driver, operator, or employee of
any transportation facility or system engaged in the business
of transporting the public for hire.
"Transit passenger" means a passenger of any
transportation facility or system engaged in the business of
transporting the public for hire, including a passenger using
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any area designated by a transportation facility or system as a
vehicle boarding, departure, or transfer location.
"Utility worker" means any of the following:
(1) A person employed by a public utility as defined in
Section 3-105 of the Public Utilities Act.
(2) An employee of a municipally owned utility.
(3) An employee of a cable television company.
(4) An employee of an electric cooperative as defined
in Section 3-119 of the Public Utilities Act.
(5) An independent contractor or an employee of an
independent contractor working on behalf of a cable
television company, public utility, municipally owned
utility, or electric cooperative.
(6) An employee of a telecommunications carrier as
defined in Section 13-202 of the Public Utilities Act, or
an independent contractor or an employee of an independent
contractor working on behalf of a telecommunications
(7) An employee of a telephone or telecommunications
cooperative as defined in Section 13-212 of the Public
Utilities Act, or an independent contractor or an employee
of an independent contractor working on behalf of a
telephone or telecommunications cooperative.
(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
(720 ILCS 5/12-6)
(from Ch. 38, par. 12-6)
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(a) A person commits intimidation when, with intent to
cause another to
perform or to omit the performance of any act,
he or she communicates to
another, directly or indirectly by
any means, a
threat to perform without lawful authority any of
the following acts:
(1) Inflict physical harm on the person threatened or
person or on property; or
(2) Subject any person to physical confinement or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule;
(6) Take action as a public official against anyone or
withhold official action, or cause such action
or withholding; or
(7) Bring about or continue a strike, boycott or other
(8) Cause a person to falsify, amend, or withdraw a
report of his or her abuse.
Intimidation is a Class 3 felony for which an offender may
be sentenced to
a term of imprisonment of not less than 2 years
and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11
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(720 ILCS 5/12-6.2)
(a) A person commits aggravated intimidation when he or she
commits intimidation and:
(1) the person committed the offense in furtherance of
the activities of
an organized gang or because of the
person's membership in or allegiance to an
(2) the offense is committed with the intent to prevent
any person from
becoming a community policing volunteer; or
(3) the following conditions are met:
(A) the person knew that the victim was a peace
institution employee, a
fireman, a community policing volunteer, or a civilian
reporting information regarding a forcible felony to a
law enforcement agency;
(B) the offense was committed:
(i) while the victim was engaged in the
execution of his or her official duties; or
(ii) to prevent the victim from
or her official duties;
(iii) in retaliation for the victim's
performance of his or her official duties;
(iv) by reason of any person's
activity as a
community policing volunteer; or
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(v) because the person reported information
regarding a forcible felony to a law enforcement
(a-5) A person commits aggravated intimidation when he or
commits intimidation under paragraph (8) of subsection (a)
of Section 12-6 and the person knew that the victim was 60
years of age or older or knew that the person was a person with
(b) Sentence. Aggravated intimidation as defined in
paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation
as defined in paragraph (a)(2)
, or (a-5)
for which the offender may be sentenced to a term of
imprisonment of not less
than 3 years nor more than 14 years.
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12;
97-1109, eff. 1-1-13.)