90th General Assembly
Summary of SB0009
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Senate Sponsors:
RADOGNO-HAWKINSON-PARKER, PHILIP, MAHAR, BOMKE, WATSON, 
   LUECHTEFELD, DUDYCZ AND MOLARO.

House Sponsors:
BURKE-LYONS,EILEEN-ZICKUS-POE-MCKEON

Short description: 
OBSCENE COMMUNICATIONS-PENALTY                                             

Synopsis of Bill as introduced:
        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.                 
 
Last action on Bill: PUBLIC ACT.............................. 90-0578

   Last action date: 98-04-20

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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