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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]|
90_HB0172enr 720 ILCS 5/4-1 from Ch. 38, par. 4-1 Amends the Criminal Code of 1961. Makes grammatical changes in Section defining "voluntary act". LRB9000290RCks HB0172 Enrolled LRB9000290RCks 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Emergency Telephone System Act is amended 5 by changing Section 15.2 as follows: 6 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2) 7 Sec. 15.2. Any person calling the number "911" for the 8 purpose of making a false alarm or complaint and reporting 9 false information is subject to the provisions of Section 10 26-1 of the Criminal Code of 1961.
Any person calling the11 number "911" for the purpose of making a false alarm or12 complaint and reporting false information which could result13 in the emergency response of any public safety agency shall14 be guilty of a Class B misdemeanor. Second and subsequent15 violations of this Section shall be a Class A misdemeanor.16 (Source: P.A. 85-1209.) 17 Section 10. The Juvenile Court Act of 1987 is amended by 18 changing Section 2-14 as follows: 19 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14) 20 Sec. 2-14. Date for Adjudicatory Hearing. 21 (a) Purpose and policy. The legislature recognizes that 22 serious delay in the adjudication of abuse, neglect, or 23 dependency cases can cause grave harm to the minor and the 24 family and that it frustrates the best interests of the minor 25 and the effort to establish permanent homes for children in 26 need. The purpose of this Section is to insure that, 27 consistent with the federal Adoption Assistance and Child 28 Welfare Act of 1980, Public Law 96-272, as amended, and the 29 intent of this Act, the State of Illinois will act in a just HB0172 Enrolled -2- LRB9000290RCks 1 and speedy manner to determine the best interests of the 2 minor, including providing for the safety of the minor, 3 identifying families in need, reunifying families where it is 4 in the best interests of the minor, and, if reunification is 5 not in the best interests of the minor, finding another 6 permanent home for the minor. 7 (b) When a petition is filed alleging that the minor is 8 abused, neglected or dependent, an adjudicatory hearing shall 9 be commenced heldwithin 90 days of the date of service of 10 process upon the minor, parents, any guardian and any legal 11 custodian. Once commenced, subsequent delay in the 12 proceedings may be allowed by the court when necessary to 13 ensure a fair hearing. 14 (c) Upon written motion of a party filed no later than 15 10 days prior to hearing, or upon the court's own motion and 16 only for good cause shown, the Court may continue the hearing 17 for a period not to exceed 30 days, and only if the 18 continuance is in the best interests of the minor. When the 19 court grants a continuance, it shall enter specific factual 20 findings to support its order, including factual findings 21 supporting the court's determination that the continuance is 22 in the best interests of the minor. Only one such continuance 23 shall be granted. A period of continuance for good cause as 24 described in this Section shall temporarily suspend as to all 25 parties, for the time of the delay, the period within which a 26 hearing must be held. On the day of the expiration of the 27 delay, the period shall continue at the point at which it was 28 suspended. 29 The term "good cause" as applied in this Section shall be 30 strictly construed and be in accordance with Supreme Court 31 Rule 231 (a) through (f). Neither stipulation by counsel nor 32 the convenience of any party constitutes good cause. If the 33 adjudicatory hearing is not heard within the time limits 34 required by subsection (b) or (c) of this Section, upon HB0172 Enrolled -3- LRB9000290RCks 1 motion by any party the petition shall be dismissed without 2 prejudice. 3 (d) The time limits of this Section may be waived only 4 by consent of all parties and approval by the court. 5 (e) For all cases filed before July 1, 1991, an 6 adjudicatory hearing must, be held within 180 days of July 1, 7 1991. 8 (Source: P.A. 88-7.) 9 Section 15. The Criminal Code of 1961 is amended by 10 changing Section 26-1 as follows: 11 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 12 Sec. 26-1. Elements of the Offense. 13 (a) A person commits disorderly conduct when he 14 knowingly: 15 (1) Does any act in such unreasonable manner as to 16 alarm or disturb another and to provoke a breach of the 17 peace; or 18 (2) Transmits or causes to be transmitted in any 19 manner to the fire department of any city, town, village 20 or fire protection district a false alarm of fire, 21 knowing at the time of such transmission that there is no 22 reasonable ground for believing that such fire exists; or 23 (3) Transmits or causes to be transmitted in any 24 manner to another a false alarm to the effect that a bomb 25 or other explosive of any nature is concealed in such 26 place that its explosion would endanger human life, 27 knowing at the time of such transmission that there is no 28 reasonable ground for believing that such bomb or 29 explosive is concealed in such place; or 30 (4) Transmits or causes to be transmitted in any 31 manner to any peace officer, public officer or public 32 employee a report to the effect that an offense will be HB0172 Enrolled -4- LRB9000290RCks 1 committed, is being committed, or has been committed, 2 knowing at the time of such transmission that there is no 3 reasonable ground for believing that such an offense will 4 be committed, is being committed, or has been committed; 5 or 6 (5) Enters upon the property of another and for a 7 lewd or unlawful purpose deliberately looks into a 8 dwelling on the property through any window or other 9 opening in it; or 10 (6) While acting as a collection agency as defined 11 in the "Collection Agency Act" or as an employee of such 12 collection agency, and while attempting to collect an 13 alleged debt, makes a telephone call to the alleged 14 debtor which is designed to harass, annoy or intimidate 15 the alleged debtor; or 16 (7) Transmits or causes to be transmitted a false 17 report to the Department of Children and Family Services 18 under Section 4 of the "Abused and Neglected Child 19 Reporting Act"; or 20 (8) Transmits or causes to be transmitted a false 21 report to the Department of Public Health under the 22 Nursing Home Care Act; or 23 (9) Transmits or causes to be transmitted in any 24 manner to the police department or fire department of any 25 municipality or fire protection district, or any 26 privately owned and operated ambulance service, a false 27 request for an ambulance, emergency medical 28 technician-ambulance or emergency medical 29 technician-paramedic knowing at the time there is no 30 reasonable ground for believing that such assistance is 31 required; or 32 (10) Transmits or causes to be transmitted a false 33 report under Article II of "An Act in relation to victims 34 of violence and abuse", approved September 16, 1984, as HB0172 Enrolled -5- LRB9000290RCks 1 amended; or .2 (11) Transmits or causes to be transmitted a false 3 report to any public safety agency without the reasonable 4 grounds necessary to believe that transmitting such a 5 report is necessary for the safety and welfare of the 6 public; or 7 (12) Calls the number "911" for the purpose of 8 making or transmitting a false alarm or complaint and 9 reporting information when, at the time the call or 10 transmission is made, the person knows there is no 11 reasonable ground for making the call or transmission and 12 further knows that the call or transmission could result 13 in the emergency response of any public safety agency. 14 (b) Sentence. 15 (1) A violation of subsection (a) (1) of this Section is 16 a Class C misdemeanor. A violation of subsection (a) (7), 17 (a)(11), or (a)(12) or (a) (9)of this Section is a Class A 18 misdemeanor. A violation of subsection (a) (4),(a) (5), (a) 19 (8) or (a) (10) of this Section is a Class B misdemeanor. A 20 violation of subsection (a) (2), or(a) (3), (a)(4), or 21 (a)(9) of this Section is a Class 4 felony. 22 A violation of subsection (a) (6) of this Section is a 23 Business Offense and shall be punished by a fine not to 24 exceed $3,000. A second or subsequent violation of subsection 25 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4 26 felony. 27 (c) In addition to any other sentence that may be 28 imposed, a court shall order any person convicted of 29 disorderly conduct to perform community service for not less 30 than 30 and not more than 120 hours, if community service is 31 available in the jurisdiction and is funded and approved by 32 the county board of the county where the offense was 33 committed. In addition, whenever any person is placed on 34 supervision for an alleged offense under this Section, the HB0172 Enrolled -6- LRB9000290RCks 1 supervision shall be conditioned upon the performance of the 2 community service. 3 This subsection does not apply when the court imposes a 4 sentence of incarceration. 5 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.) 6 Section 20. The Code of Criminal Procedure of 1963 is 7 amended by changing Section 108-8 as follows: 8 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8) 9 Sec. 108-8. Use of force in execution of search warrant. 10 (a) All necessary and reasonable force may be used to 11 effect an entry into any building or property or part thereof 12 to execute a search warrant. 13 (b) The court issuing a warrant may authorize the 14 officer executing the warrant to make entry without first 15 knocking and announcing his or her office if it finds, based 16 upon a showing of specific facts, the existence of the 17 following exigent circumstances: 18 (1) That the officer reasonably believes that if 19 notice were given a weapon would be used: 20 (i) against the officer executing the search 21 warrant; or 22 (ii) against another person. 23 (2) That if notice were given there is an imminent 24 "danger" that evidence will be destroyed. 25 Upon a finding by the judge issuing the warrant that any of26 the following exigent circumstances exist, the judge may27 order the person executing the warrant to make entry without28 first knocking and announcing his office:29 (1) the presence of firearms or explosives in the30 building in an area where they are accessible to any31 occupant;32 (2) the prior possession of firearms by an occupant ofHB0172 Enrolled -7- LRB9000290RCks 1 the building within a reasonable period of time;2 (3) the presence of surveillance equipment, such as3 video cameras, or alarm systems, inside or outside of the4 building;5 (4) the presence of steel doors, wooden planking,6 crossbars, dogs, or other similar means of preventing or7 impeding entry into the building.8 (Source: P.A. 87-522; 87-895.)
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