RADOGNO-HAWKINSON-PARKER, PHILIP, MAHAR, BOMKE, WATSON, LUECHTEFELD, DUDYCZ AND MOLARO. (BURKE-LYONS,EILEEN-ZICKUS-POE-MCKEON) 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 720 ILCS 135/Act title 720 ILCS 135/0.01 from Ch. 134, par. 16.3h 720 ILCS 135/1-2 new 720 ILCS 135/1-3 new 720 ILCS 135/1-4 new 720 ILCS 135/2 from Ch. 134, par. 16.5 720 ILCS 135/3 new Amends the Obscene Phone Call Act. Changes short title to the Harassing and Obscene Communications Act. Creates the offense of harassment through electronic communications. Provides that the court may order a person convicted under the Act to submit to psychiatric examination. Requires the court to impose a minimum of 14 days in jail or 240 hours of public service employment upon an offender who commits a second or third violation. Provides that certain violations are Class 4 felonies. Provides for the seizure and forfeiture of telephonic or electronic communications equipment used in the commission of an offense prohibited by the Act. Amends the Criminal Code of 1961 to change a cross reference from the Obscene Phone Call Act to the Harassing and Obscene Communications Act. SENATE AMENDMENT NO. 1. Deletes from definition of harassment through electronic communications, making a comment, request, suggestion, or proposal with an intent to offend that is lewd, lascivious, filthy, or indecent. CORRECTIONAL NOTE SB 9 would have minimal population and fiscal impact on DOC. JUDICIAL NOTE There may be an increase in judicial workloads; it is not possible to determine impact on the number of judges needed. STATE MANDATES FISCAL NOTE (DCCA) SB 9 fails to create a State mandate. FISCAL NOTE (Dpt. Corrections) No change from correctional note. FISCAL NOTE, H-AM 2 (Dpt. Corrections) No change from previous DOC fiscal note. CORRECTIONAL NOTE, H-AM 2 No change from previous correctional note. JUDICIAL NOTE, H-AM 2 No change from previous judicial note. STATE MANDATES FISCAL NOTE, H-AM 2 (DCCA) No change from previous mandates note. FISCAL NOTE, H-AM 3 (Dpt. Corrections) No change from previous DOC fiscal note. STATE MANDATES FISCAL NOTE, H-AM 3 (DCCA) No change from previous mandates note. HOME RULE NOTE, H-AM 3 SB9, amended by H-am 3, does not preempt home rule authority. CORRECTIONAL NOTE, H-AM 3 No change from previous correctional note. JUDICIAL NOTE, H-AM 3 No change from previous judicial notes. HOUSE AMENDMENT NO. 2. Deletes reference to: 720 ILCS 135/3 new Deletes the rebuttable presumption provision in the Harassing and Obsence Communications Act and the provisions relating to the seizure and forfeiture of electronic communications equipment. Provide that evidence that a defendant made additional telephone calls or engaged in additional electronic communications after having been requested by a named complainant or by a family or household member of the complainant to stop may be considered as evidence of an intent to harass unless disproved by evidence to the contrary. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends clarifying that the Class A and B misdemeanor viola- tions do not apply if the circumstances to impose a Class 4 felony sentence are applicable. Also changes reference from "public service employment" to "public or community service". Provides that a sentence of public or community service shall be imposed only if public or community service has been established in the county in which the offender was convicted. Adds a June 1, 1998 effective date. 97-01-09 S FIRST READING 97-01-09 S REFERRED TO SENATE RULES COMMITTEE RULES 97-01-22 S ASSIGNED TO COMMITTEE JUDICIARY 97-01-24 S ADDED AS A CHIEF CO-SPONSOR PARKER 97-02-27 S TO SUBCOMMITTEE 97-03-12 S DO PASS 010-000-000 SJUD 97-03-12 S PLACED ON CALENDAR ORDER OF 2ND READING 97-03-13 97-03-12 S ADDED AS A CO-SPONSOR PHILIP 97-03-12 S ADDED AS A CO-SPONSOR MAHAR 97-03-12 S ADDED AS A CO-SPONSOR BOMKE 97-03-12 S ADDED AS A CO-SPONSOR WATSON 97-03-12 S ADDED AS A CO-SPONSOR BURZYNSKI 97-03-12 S ADDED AS A CO-SPONSOR LUECHTEFELD 97-03-12 S ADDED AS A CO-SPONSOR DUDYCZ 97-03-13 S ADDED AS A CO-SPONSOR MOLARO 97-03-14 S FILED WITH SECRETARY 97-03-14 S AMENDMENT NO. 01-RADOGNO 97-03-14 S AMENDMENT REFERRED TO SRUL 97-03-17 S SECOND READING 97-03-17 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-18 97-03-17 S AMENDMENT NO. 01-RADOGNO 97-03-17 S BE APPROVED FOR CONSIDERATION SRUL 97-03-18 S RECALLED TO SECOND READING 97-03-18 S AMENDMENT NO. 01-RADOGNO 97-03-18 S ADOPTED 97-03-18 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-19 97-03-19 S THIRD READING - PASSED 054-000-000 97-03-19 H ARRIVE IN HOUSE 97-03-19 H PLACED CALENDAR ORDER OF FIRST READING 97-03-20 H HOUSE SPONSOR BURKE 97-03-20 H FIRST READING 97-03-20 H ADDED AS A JOINT SPONSOR LYONS,EILEEN 97-03-20 H ADDED AS A JOINT SPONSOR ZICKUS 97-03-20 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-03-21 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 97-04-08 H ADDED AS A JOINT SPONSOR POE 97-04-30 H CORRECTIONAL NOTE FILED 97-04-30 H COMMITTEE JUD-CRIMINAL 97-05-01 H DO PASS/SHORT DEBATE 015-000-000 HJUB 97-05-01 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-05-01 H FISCAL NOTE REQUESTED ROSKAM 97-05-01 H JUDICIAL NOTE REQUESTED ROSKAM 97-05-01 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-02 H JUDICIAL NOTE FILED 97-05-02 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-06 H STATE MANDATES FISCAL NOTE FILED 97-05-06 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-09 H FISCAL NOTE FILED 97-05-09 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-13 H SECOND READING-SHORT DEBATE 97-05-13 H AMENDMENT NO. 01-BURKE 97-05-13 H AMENDMENT REFERRED TO HRUL 97-05-13 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-14 H AMENDMENT NO. 01-BURKE 97-05-14 H BE ADOPTED HRUL 97-05-14 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-16 H FISCAL NOTE FILED AS AMENDED HA 2 97-05-16 H CORRECTIONAL NOTE FILED AS AMENDED HA 2 97-05-16 H JUDICIAL NOTE FILED AS AMENDED HA 2 97-05-16 H STATE MANDATES FISCAL NOTE FILED AS AMENDED HA 2 97-05-16 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-16 H 3RD READING AND 97-05-16 H PASSAGE DEADLINE 97-05-16 H EXTENDED - 5/23/97 97-05-16 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-19 H AMENDMENT NO. 02-BURKE 97-05-19 H AMENDMENT REFERRED TO HRUL 97-05-19 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-21 H AMENDMENT NO. 02-BURKE 97-05-21 H BE ADOPTED HRUL 97-05-21 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-23 H 3RD READING AND 97-05-23 H PASSAGE DEADLINE 97-05-23 H EXTENDED - 5/31/97 97-05-23 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-28 H AMENDMENT NO. 03-PHELPS 97-05-28 H AMENDMENT REFERRED TO HRUL 97-05-28 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-29 H AMENDMENT NO. 03-PHELPS 97-05-29 H RULES REFERS TO HJUB 97-05-29 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-30 H FISCAL NOTE REQUESTED AS AMEND #3/MCKEON 97-05-30 H STATE MANDATES FISCAL NOTE REQUESTED AS AMEND #3/MCKEON 97-05-30 H HOME RULE NOTE REQUESTED AS AMEND #3/MCKEON 97-05-30 H JUDICIAL NOTE REQUESTED AS AMEND #3/MCKEON 97-05-30 H FISCAL NOTE FILED AS AMENDED BY HA 3 97-05-30 H STATE MANDATES FISCAL NOTE FILED AS AMENDED BY HA 3 97-05-30 H HOME RULE NOTE FILED AS AMENDED BY HA 3 97-05-30 H CORRECTIONAL NOTE FILED AS AMENDED BY HA 3 97-05-30 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-31 H JUDICIAL NOTE FILED AS AMEND BY HA 3 97-05-31 H AMENDMENT NO. 03-PHELPS 97-05-31 H RULES - REREFERS 97-05-31 H FROM HJUB TO RULES 97-05-31 H AMENDMENT NO. 03-PHELPS 97-05-31 H BE ADOPTED HRUL/003-002-000 97-05-31 H AMENDMENT NO. 01-BURKE 97-05-31 H WITHDRAWN 97-05-31 H AMENDMENT NO. 02-BURKE 97-05-31 H ADOPTED 97-05-31 H AMENDMENT NO. 03-PHELPS 97-05-31 H ADOPTED 079-033-004 97-05-31 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-31 H RECALLED TO SECOND READING-SHORT DEBATE 97-05-31 H MOTION TO TABLE AMENDMENT - PREVAILED 03 97-05-31 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-31 H THIRD READING/SHORT DEBATE/PASSED 117-000-000 97-05-31 H ADDED AS A JOINT SPONSOR MCKEON 97-06-01 S SECRETARYS DESK - CONCURRENCE 02 97-07-02 S REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES SRUL 97-11-12 S FILED WITH SECRETARY 97-11-12 S MOTION TO CONCUR - HOUSE AMENDMENT NO 02/RADOGNO 97-11-12 S MOTION REFERRED TO SRUL 97-11-12 S MOTION TO CONCUR - HOUSE AMENDMENT NO 02/RADOGNO 97-11-12 S RULES REFERS TO SJUD 97-11-12 S APPROVED FOR CONSIDERATION SRUL SRUL 97-11-13 S MOTION TO CONCUR - HOUSE AMENDMENT NO 02/RADOGNO 97-11-13 S BE APPROVED FOR CONSIDERATION SJUD/009-000-000 97-11-14 S MOTION TO CONCUR - HOUSE AMENDMENT NO 02/RADOGNO 97-11-14 S SEN CONCURS IN HSE AMENDMENTS (NO.) 02/059-000-000 97-11-14 S PASSED BOTH HOUSES 97-12-12 S SENT TO THE GOVERNOR 98-02-06 S GOVERNOR AMENDATORY VETO 98-02-18 S PLACED CALENDAR AMENDATORY VETO 98-02-18 S MOTION FILED ACCEPT AMENDATORY VETO RADOGNO 98-02-19 S ACCEPT AMENDATORY VETO - SENATE PASSED 054-000-000 98-02-19 H ARRIVE IN HOUSE 98-02-19 H PLACED CALENDAR AMENDATORY VETO 98-02-25 H MOTION FILED ACCEPT AMENDATORY VETO #1/BURKE 98-02-25 H MOTION REFERRED TO HRUL 98-02-25 H APPROVED FOR CONSIDERATION - COMPLIANCE #1/HRUL 98-02-25 H PLACED CALENDAR AMENDATORY VETO 98-02-25 H 3/5 VOTE REQUIRED 98-02-25 H ACCEPT AMENDATORY VETO - HOUSE PASSED 116-000-000 98-02-25 S BOTH HOUSES ACCEPT AMENDATORY VETO 98-03-20 S RETURNED TO GOVERNOR FOR CERTIFICATION 98-04-20 S GOVERNOR CERTIFIES CHANGES 98-04-20 S EFFECTIVE DATE 98-06-01 98-04-20 S PUBLIC ACT.............................. 90-0578 END OF INQUIRY Full Text Bill Summary