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| [ 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 the
11 number "911" for the purpose of making a false alarm or
12 complaint and reporting false information which could result
13 in the emergency response of any public safety agency shall
14 be guilty of a Class B misdemeanor. Second and subsequent
15 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
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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 held within 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
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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
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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
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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
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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 of
26 the following exigent circumstances exist, the judge may
27 order the person executing the warrant to make entry without
28 first knocking and announcing his office:
29 (1) the presence of firearms or explosives in the
30 building in an area where they are accessible to any
31 occupant;
32 (2) the prior possession of firearms by an occupant of
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1 the building within a reasonable period of time;
2 (3) the presence of surveillance equipment, such as
3 video cameras, or alarm systems, inside or outside of the
4 building;
5 (4) the presence of steel doors, wooden planking,
6 crossbars, dogs, or other similar means of preventing or
7 impeding entry into the building.
8 (Source: P.A. 87-522; 87-895.)