State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_HB1670eng

      720 ILCS 5/17-2           from Ch. 38, par. 17-2
          Amends the Criminal Code of 1961.  Makes  it  a  Class  4
      felony  for  a person to claim or represent that he or she is
      acting on behalf of any police department,  fire  department,
      or    sheriff's    department   when   soliciting   financial
      contributions or selling or delivering or offering to sell or
      deliver any merchandise, goods, or services unless the  chief
      of  the  police  department or fire department or the sheriff
      has first entered into a written agreement with the person or
      with an organization with which the person is affiliated  and
      the agreement permits the activity.  Effective immediately.
                                                     LRB9004760WHmg
HB1670 Engrossed                               LRB9004760WHmg
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 17-2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 17-2 as follows:
 7        (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
 8        Sec.   17-2.  False   personation;    use    of    title;
 9    solicitation;   certain  entities.    Impersonating  Veteran,
10    Member of Police, Fraternal  or  Veterans'  Organization,  or
11    Representative  of  Charitable  Organization  -  Use of Words
12    "Chicago Police" etc. - Sentence.
13        (a)  A person commits a false personation when he or  she
14    falsely  represents  himself  or  herself  to  be a member or
15    representative  of  any  police,   fraternal   or   veteran's
16    organization,  including  but  not  limited  to  the Illinois
17    Police Association or the Illinois Sheriffs' Association,  or
18    a  representative of any charitable organization, or when any
19    person exhibits or uses in any manner  any  decal,  badge  or
20    insignia  of  any  police  organization,  including  but  not
21    limited  to  the  Illinois  Sheriffs'  Association,  when not
22    authorized to do so by such police organization.
23        (a-5)  A person commits a false personation  when  he  or
24    she  falsely represents himself or herself to be a veteran in
25    seeking employment or  public  office.  In  this  subsection,
26    "veteran" means a person who has served in the Armed Services
27    or Reserved Forces of the United States.
28        (b)  No  person  shall  use  the  words "Chicago Police,"
29    "Chicago Police Department,"  "Chicago  Patrolman,"  "Chicago
30    Sergeant,"  "Chicago  Lieutenant," "Chicago Peace Officer" or
31    any other words to the  same  effect  in  the  title  of  any
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 1    organization,  magazine,  or  other  publication  without the
 2    express approval of the Chicago Police Board.
 3        (c)  No person may solicit advertisements  to  appear  in
 4    any   firefighters',  law  enforcement  or  police  officers'
 5    magazine, journal or other publication without  first  having
 6    obtained  a  current  certificate  of  qualification from the
 7    Illinois Attorney General.  Upon the  presentation  of  proof
 8    that  the  applicant  does in fact represent a legitimate and
 9    bona fide firefighters', law enforcement or police  officers'
10    publication,  the Attorney General may issue to the applicant
11    a certificate of qualification to solicit  advertisements  on
12    behalf  of  such  publication.   The  Attorney  General shall
13    prescribe forms and promulgate rules governing the making  of
14    applications  and  the  certification  of  persons under this
15    subsection.
16        (c-5)  No person may knowingly claim or represent that he
17    or she is acting on behalf of any police department, chief of
18    a  police  department,  fire  department,  chief  of  a  fire
19    department, sheriff's department, or sheriff when  soliciting
20    financial  contributions or selling or delivering or offering
21    to sell or deliver any merchandise, goods, or services unless
22    the chief of the police department or fire department or  the
23    sheriff  has  first entered into a written agreement with the
24    person or with an  organization  with  which  the  person  is
25    affiliated and the agreement permits the activity.
26        (c-10) No person, when soliciting financial contributions
27    or  selling  or delivering or offering to sell or deliver any
28    merchandise, goods,  or  services,  may  knowingly  claim  or
29    represent  that he or she is representing or acting on behalf
30    of  any  nongovernmental  organization  by  any  name   which
31    includes,  but  is not limited to, the term "officer", "peace
32    officer", "police", "law enforcement",  "sheriff",  "deputy",
33    "deputy sheriff", or "State police" which would reasonably be
34    understood  to imply that the organization is composed of law
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 1    enforcement  personnel  unless   the   person   is   actually
 2    representing  or  acting  on  behalf  of  the nongovernmental
 3    organization and either of the following conditions is met:
 4             (i)  The nongovernmental organization  represents  a
 5        group  or  association  of  active  duty  peace officers,
 6        retired peace officers, or injured  peace  officers  (for
 7        purposes of this Section, "peace officer" has the meaning
 8        ascribed  to  that term in Section 2-13) and the majority
 9        of the net  proceeds  of  the  contributions,  sales,  or
10        deliveries   are   devoted   to   the   purposes  of  the
11        organization; or
12             (ii) Before  commencing  the  solicitations  or  the
13        sales  or  deliveries of or the offers to sell or deliver
14        any merchandise, goods, or services, the  nongovernmental
15        organization  enters into a written contract with a chief
16        of a police department, a police department, a   sheriff,
17        a  sheriff's department, a unit of local government, or a
18        group or  association  of  active  duty  peace  officers,
19        retired  peace  officers,  or injured peace officers (for
20        purposes of this Section, "peace officer" has the meaning
21        ascribed to that term in Section 2-13) and  the  contract
22        contains  a  requirement  that  the  majority  of the net
23        proceeds of the contributions, sales, or deliveries shall
24        be devoted to the  purposes  or  benefit  of  the  police
25        department,   sheriff's   department,   unit   of   local
26        government,  or group or association of active duty peace
27        officers.
28        (d)  Sentence. False personation,  unapproved  use  of  a
29    name  or  title,  or solicitation in violation of subsections
30    (a) and (b) of this Section is a Class C misdemeanor.   False
31    personation  in  violation  of  subsection (a-5) is a Class A
32    misdemeanor.  Solicitation in violation of subsection (c)  of
33    this   Section  is  a  Class  A  misdemeanor.   A  second  or
34    subsequent conviction for a violation of  subsection  (c)  of
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 1    this  Section committed after the first conviction is a Class
 2    4  felony.   Engaging  in  any  activity  in   violation   of
 3    subsection  (c-5)  or  (c-10)  of  this  Section is a Class 4
 4    felony.
 5    (Source: P.A. 89-324, eff. 8-13-95.)
 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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