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90_HB0172sam001
LRB9000290RCksam01
1 AMENDMENT TO HOUSE BILL 172
2 AMENDMENT NO. . Amend House Bill 172 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Emergency Telephone System Act is
8 amended by changing Section 15.2 as follows:
9 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
10 Sec. 15.2. Any person calling the number "911" for the
11 purpose of making a false alarm or complaint and reporting
12 false information is subject to the provisions of Section
13 26-1 of the Criminal Code of 1961. Any person calling the
14 number "911" for the purpose of making a false alarm or
15 complaint and reporting false information which could result
16 in the emergency response of any public safety agency shall
17 be guilty of a Class B misdemeanor. Second and subsequent
18 violations of this Section shall be a Class A misdemeanor.
19 (Source: P.A. 85-1209.)
20 Section 10. The Juvenile Court Act of 1987 is amended by
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1 changing Section 2-14 as follows:
2 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
3 Sec. 2-14. Date for Adjudicatory Hearing.
4 (a) Purpose and policy. The legislature recognizes that
5 serious delay in the adjudication of abuse, neglect, or
6 dependency cases can cause grave harm to the minor and the
7 family and that it frustrates the best interests of the minor
8 and the effort to establish permanent homes for children in
9 need. The purpose of this Section is to insure that,
10 consistent with the federal Adoption Assistance and Child
11 Welfare Act of 1980, Public Law 96-272, as amended, and the
12 intent of this Act, the State of Illinois will act in a just
13 and speedy manner to determine the best interests of the
14 minor, including providing for the safety of the minor,
15 identifying families in need, reunifying families where it is
16 in the best interests of the minor, and, if reunification is
17 not in the best interests of the minor, finding another
18 permanent home for the minor.
19 (b) When a petition is filed alleging that the minor is
20 abused, neglected or dependent, an adjudicatory hearing shall
21 be commenced held within 90 days of the date of service of
22 process upon the minor, parents, any guardian and any legal
23 custodian. Once commenced, subsequent delay in the
24 proceedings may be allowed by the court when necessary to
25 ensure a fair hearing.
26 (c) Upon written motion of a party filed no later than
27 10 days prior to hearing, or upon the court's own motion and
28 only for good cause shown, the Court may continue the hearing
29 for a period not to exceed 30 days, and only if the
30 continuance is in the best interests of the minor. When the
31 court grants a continuance, it shall enter specific factual
32 findings to support its order, including factual findings
33 supporting the court's determination that the continuance is
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1 in the best interests of the minor. Only one such continuance
2 shall be granted. A period of continuance for good cause as
3 described in this Section shall temporarily suspend as to all
4 parties, for the time of the delay, the period within which a
5 hearing must be held. On the day of the expiration of the
6 delay, the period shall continue at the point at which it was
7 suspended.
8 The term "good cause" as applied in this Section shall be
9 strictly construed and be in accordance with Supreme Court
10 Rule 231 (a) through (f). Neither stipulation by counsel nor
11 the convenience of any party constitutes good cause. If the
12 adjudicatory hearing is not heard within the time limits
13 required by subsection (b) or (c) of this Section, upon
14 motion by any party the petition shall be dismissed without
15 prejudice.
16 (d) The time limits of this Section may be waived only
17 by consent of all parties and approval by the court.
18 (e) For all cases filed before July 1, 1991, an
19 adjudicatory hearing must, be held within 180 days of July 1,
20 1991.
21 (Source: P.A. 88-7.)
22 Section 15. The Criminal Code of 1961 is amended by
23 changing Section 26-1 as follows:
24 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
25 Sec. 26-1. Elements of the Offense.
26 (a) A person commits disorderly conduct when he
27 knowingly:
28 (1) Does any act in such unreasonable manner as to
29 alarm or disturb another and to provoke a breach of the
30 peace; or
31 (2) Transmits or causes to be transmitted in any
32 manner to the fire department of any city, town, village
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1 or fire protection district a false alarm of fire,
2 knowing at the time of such transmission that there is no
3 reasonable ground for believing that such fire exists; or
4 (3) Transmits or causes to be transmitted in any
5 manner to another a false alarm to the effect that a bomb
6 or other explosive of any nature is concealed in such
7 place that its explosion would endanger human life,
8 knowing at the time of such transmission that there is no
9 reasonable ground for believing that such bomb or
10 explosive is concealed in such place; or
11 (4) Transmits or causes to be transmitted in any
12 manner to any peace officer, public officer or public
13 employee a report to the effect that an offense will be
14 committed, is being committed, or has been committed,
15 knowing at the time of such transmission that there is no
16 reasonable ground for believing that such an offense will
17 be committed, is being committed, or has been committed;
18 or
19 (5) Enters upon the property of another and for a
20 lewd or unlawful purpose deliberately looks into a
21 dwelling on the property through any window or other
22 opening in it; or
23 (6) While acting as a collection agency as defined
24 in the "Collection Agency Act" or as an employee of such
25 collection agency, and while attempting to collect an
26 alleged debt, makes a telephone call to the alleged
27 debtor which is designed to harass, annoy or intimidate
28 the alleged debtor; or
29 (7) Transmits or causes to be transmitted a false
30 report to the Department of Children and Family Services
31 under Section 4 of the "Abused and Neglected Child
32 Reporting Act"; or
33 (8) Transmits or causes to be transmitted a false
34 report to the Department of Public Health under the
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1 Nursing Home Care Act; or
2 (9) Transmits or causes to be transmitted in any
3 manner to the police department or fire department of any
4 municipality or fire protection district, or any
5 privately owned and operated ambulance service, a false
6 request for an ambulance, emergency medical
7 technician-ambulance or emergency medical
8 technician-paramedic knowing at the time there is no
9 reasonable ground for believing that such assistance is
10 required; or
11 (10) Transmits or causes to be transmitted a false
12 report under Article II of "An Act in relation to victims
13 of violence and abuse", approved September 16, 1984, as
14 amended; or .
15 (11) Transmits or causes to be transmitted a false
16 report to any public safety agency without the reasonable
17 grounds necessary to believe that transmitting such a
18 report is necessary for the safety and welfare of the
19 public; or
20 (12) Calls the number "911" for the purpose of
21 making or transmitting a false alarm or complaint and
22 reporting information when, at the time the call or
23 transmission is made, the person knows there is no
24 reasonable ground for making the call or transmission and
25 further knows that the call or transmission could result
26 in the emergency response of any public safety agency.
27 (b) Sentence.
28 (1) A violation of subsection (a) (1) of this Section is
29 a Class C misdemeanor. A violation of subsection (a) (7),
30 (a)(11), or (a)(12) or (a) (9) of this Section is a Class A
31 misdemeanor. A violation of subsection (a) (4), (a) (5), (a)
32 (8) or (a) (10) of this Section is a Class B misdemeanor. A
33 violation of subsection (a) (2), or (a) (3), (a)(4), or
34 (a)(9) of this Section is a Class 4 felony.
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1 A violation of subsection (a) (6) of this Section is a
2 Business Offense and shall be punished by a fine not to
3 exceed $3,000. A second or subsequent violation of subsection
4 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
5 felony.
6 (c) In addition to any other sentence that may be
7 imposed, a court shall order any person convicted of
8 disorderly conduct to perform community service for not less
9 than 30 and not more than 120 hours, if community service is
10 available in the jurisdiction and is funded and approved by
11 the county board of the county where the offense was
12 committed. In addition, whenever any person is placed on
13 supervision for an alleged offense under this Section, the
14 supervision shall be conditioned upon the performance of the
15 community service.
16 This subsection does not apply when the court imposes a
17 sentence of incarceration.
18 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
19 Section 20. The Code of Criminal Procedure of 1963 is
20 amended by changing Section 108-8 as follows:
21 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
22 Sec. 108-8. Use of force in execution of search warrant.
23 (a) All necessary and reasonable force may be used to
24 effect an entry into any building or property or part thereof
25 to execute a search warrant.
26 (b) The court issuing a warrant may authorize the
27 officer executing the warrant to make entry without first
28 knocking and announcing his or her office if it finds, based
29 upon a showing of specific facts, the existence of the
30 following exigent circumstances:
31 (1) That the officer reasonably believes that if
32 notice were given a weapon would be used:
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1 (i) against the officer executing the search
2 warrant; or
3 (ii) against another person.
4 (2) That if notice were given there is an imminent
5 "danger" that evidence will be destroyed.
6 Upon a finding by the judge issuing the warrant that any of
7 the following exigent circumstances exist, the judge may
8 order the person executing the warrant to make entry without
9 first knocking and announcing his office:
10 (1) the presence of firearms or explosives in the
11 building in an area where they are accessible to any
12 occupant;
13 (2) the prior possession of firearms by an occupant of
14 the building within a reasonable period of time;
15 (3) the presence of surveillance equipment, such as
16 video cameras, or alarm systems, inside or outside of the
17 building;
18 (4) the presence of steel doors, wooden planking,
19 crossbars, dogs, or other similar means of preventing or
20 impeding entry into the building.
21 (Source: P.A. 87-522; 87-895.)".