Illinois General Assembly - Full Text of HB1601
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Full Text of HB1601  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Monica Bristow


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 another, 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 commits intimidation 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 a Class 2 felony 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".

LRB101 07101 SLF 52138 b






HB1601LRB101 07101 SLF 52138 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-0.1, 12-6, and 12-6.2 as follows:
6    (720 ILCS 5/12-0.1)
7    Sec. 12-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise:
9    "Abuse" means causing any physical, mental, or sexual
10injury to a person, including exploitation of that person's
11financial resources.
12    "Bona fide labor dispute" means any controversy concerning
13wages, salaries, hours, working conditions, or benefits,
14including health and welfare, sick leave, insurance, and
15pension or retirement provisions, the making or maintaining of
16collective bargaining agreements, and the terms to be included
17in those agreements.
18    "Coach" means a person recognized as a coach by the
19sanctioning authority that conducts an athletic contest.
20    "Correctional institution employee" means a person
21employed by a penal institution.
22    "Emergency medical services personnel" has the meaning
23specified in Section 3.5 of the Emergency Medical Services



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1(EMS) Systems Act and shall include all ambulance crew members,
2including drivers or pilots.
3    "Family or household members" include spouses, former
4spouses, parents, children, stepchildren, and other persons
5related by blood or by present or prior marriage, persons who
6share or formerly shared a common dwelling, persons who have or
7allegedly have a child in common, persons who share or
8allegedly share a blood relationship through a child, persons
9who have or have had a dating or engagement relationship,
10persons with disabilities and their personal assistants, and
11caregivers as defined in Section 12-4.4a of this Code. For
12purposes of this Article, neither a casual acquaintanceship nor
13ordinary fraternization between 2 individuals in business or
14social contexts shall be deemed to constitute a dating
16    "In the presence of a child" means in the physical presence
17of a child or knowing or having reason to know that a child is
18present and may see or hear an act constituting an offense.
19    "Park district employee" means a supervisor, director,
20instructor, or other person employed by a park district.
21    "Person with a disability" means a person with a physical
22disability or mental impairment, resulting from disease,
23injury, functional disorder, or congenital condition that
24renders the person incapable of adequately providing for his or
25her own health and personal care.
26    "Person with a physical disability" means a person who



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1suffers from a permanent and disabling physical
2characteristic, resulting from disease, injury, functional
3disorder, or congenital condition.
4    "Private security officer" means a registered employee of a
5private security contractor agency under the Private
6Detective, Private Alarm, Private Security, Fingerprint
7Vendor, and Locksmith Act of 2004.
8    "Probation officer" means a person as defined in the
9Probation and Probation Officers Act.
10    "Sports official" means a person at an athletic contest who
11enforces the rules of the contest, such as an umpire or
13    "Sports venue" means a publicly or privately owned sports
14or entertainment arena, stadium, community or convention hall,
15special event center, or amusement facility, or a special event
16center in a public park, during the 12 hours before or after
17the sanctioned sporting event.
18    "Streetgang", "streetgang member", and "criminal street
19gang" have the meanings ascribed to those terms in Section 10
20of the Illinois Streetgang Terrorism Omnibus Prevention Act.
21    "Transit employee" means a driver, operator, or employee of
22any transportation facility or system engaged in the business
23of transporting the public for hire.
24    "Transit passenger" means a passenger of any
25transportation facility or system engaged in the business of
26transporting the public for hire, including a passenger using



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1any area designated by a transportation facility or system as a
2vehicle boarding, departure, or transfer location.
3    "Utility worker" means any of the following:
4        (1) A person employed by a public utility as defined in
5    Section 3-105 of the Public Utilities Act.
6        (2) An employee of a municipally owned utility.
7        (3) An employee of a cable television company.
8        (4) An employee of an electric cooperative as defined
9    in Section 3-119 of the Public Utilities Act.
10        (5) An independent contractor or an employee of an
11    independent contractor working on behalf of a cable
12    television company, public utility, municipally owned
13    utility, or electric cooperative.
14        (6) An employee of a telecommunications carrier as
15    defined in Section 13-202 of the Public Utilities Act, or
16    an independent contractor or an employee of an independent
17    contractor working on behalf of a telecommunications
18    carrier.
19        (7) An employee of a telephone or telecommunications
20    cooperative as defined in Section 13-212 of the Public
21    Utilities Act, or an independent contractor or an employee
22    of an independent contractor working on behalf of a
23    telephone or telecommunications cooperative.
24(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
25    (720 ILCS 5/12-6)  (from Ch. 38, par. 12-6)



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1    Sec. 12-6. Intimidation.
2    (a) A person commits intimidation when, with intent to
3cause another to perform or to omit the performance of any act,
4he or she communicates to another, directly or indirectly by
5any means, a threat to perform without lawful authority any of
6the following acts:
7        (1) Inflict physical harm on the person threatened or
8    any other person or on property; or
9        (2) Subject any person to physical confinement or
10    restraint; or
11        (3) Commit a felony or Class A misdemeanor; or
12        (4) Accuse any person of an offense; or
13        (5) Expose any person to hatred, contempt or ridicule;
14    or
15        (6) Take action as a public official against anyone or
16    anything, or withhold official action, or cause such action
17    or withholding; or
18        (7) Bring about or continue a strike, boycott or other
19    collective action; or .
20        (8) Cause a person to falsify, amend, or withdraw a
21    report of his or her abuse.
22    (b) Sentence.
23    Intimidation is a Class 3 felony for which an offender may
24be sentenced to a term of imprisonment of not less than 2 years
25and not more than 10 years.
26(Source: P.A. 96-1551, eff. 7-1-11.)



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1    (720 ILCS 5/12-6.2)
2    Sec. 12-6.2. Aggravated intimidation.
3    (a) A person commits aggravated intimidation when he or she
4commits intimidation and:
5        (1) the person committed the offense in furtherance of
6    the activities of an organized gang or because of the
7    person's membership in or allegiance to an organized gang;
8    or
9        (2) the offense is committed with the intent to prevent
10    any person from becoming a community policing volunteer; or
11        (3) the following conditions are met:
12            (A) the person knew that the victim was a peace
13        officer, a correctional institution employee, a
14        fireman, a community policing volunteer, or a civilian
15        reporting information regarding a forcible felony to a
16        law enforcement agency; and
17            (B) the offense was committed:
18                (i) while the victim was engaged in the
19            execution of his or her official duties; or
20                (ii) to prevent the victim from performing his
21            or her official duties;
22                (iii) in retaliation for the victim's
23            performance of his or her official duties;
24                (iv) by reason of any person's activity as a
25            community policing volunteer; or



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1                (v) because the person reported information
2            regarding a forcible felony to a law enforcement
3            agency.
4    (a-5) A person commits aggravated intimidation when he or
5she commits intimidation under paragraph (8) of subsection (a)
6of Section 12-6 and the person knew that the victim was 60
7years of age or older or knew that the person was a person with
8a disability.
9    (b) Sentence. Aggravated intimidation as defined in
10paragraph (a)(1) is a Class 1 felony. Aggravated intimidation
11as defined in paragraph (a)(2), or (a)(3), or (a-5) is a Class
122 felony for which the offender may be sentenced to a term of
13imprisonment of not less than 3 years nor more than 14 years.
14    (c) (Blank).
15(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12;
1697-1109, eff. 1-1-13.)