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91_HB1761eng HB1761 Engrossed LRB9105516RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 11-9 and 26-1. 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 Sections 11-9 and 26-1 as follows: 7 (720 ILCS 5/11-9) (from Ch. 38, par. 11-9) 8 Sec. 11-9. Public indecency. 9 (a) Any person of the age of 17 years and upwards who 10 performs any of the following acts in a public place commits 11 a public indecency: 12 (1) An act of sexual penetration or sexual conduct 13 as defined in Section 12-12 of this Code; or 14 (2) A lewd exposure of the body done with intent to 15 arouse or to satisfy the sexual desire of the person. 16 Breast-feeding of infants is not an act of public 17 indecency. 18 (b) "Public place" for purposes of this Section means 19 any place where the conduct may reasonably be expected to be 20 viewed by others. 21 (c) Sentence. 22 Public indecency is a Class A misdemeanor. A person 23 convicted of a third or subsequent violation for public 24 indecency is guilty of a Class 4 felony. 25 (Source: P.A. 89-59, eff. 1-1-96.) 26 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 27 Sec. 26-1. Elements of the Offense. 28 (a) A person commits disorderly conduct when he 29 knowingly: 30 (1) Does any act in such unreasonable manner as to HB1761 Engrossed -2- LRB9105516RCks 1 alarm or disturb another and to provoke a breach of the 2 peace; or 3 (2) Transmits or causes to be transmitted in any 4 manner to the fire department of any city, town, village 5 or fire protection district a false alarm of fire, 6 knowing at the time of such transmission that there is no 7 reasonable ground for believing that such fire exists; or 8 (3) Transmits or causes to be transmitted in any 9 manner to another a false alarm to the effect that a bomb 10 or other explosive of any nature is concealed in such 11 place that its explosion would endanger human life, 12 knowing at the time of such transmission that there is no 13 reasonable ground for believing that such bomb or 14 explosive is concealed in such place; or 15 (4) Transmits or causes to be transmitted in any 16 manner to any peace officer, public officer or public 17 employee a report to the effect that an offense will be 18 committed, is being committed, or has been committed, 19 knowing at the time of such transmission that there is no 20 reasonable ground for believing that such an offense will 21 be committed, is being committed, or has been committed; 22 or 23 (5) Enters upon the property of another and for a 24 lewd or unlawful purpose deliberately looks into a 25 dwelling on the property through any window or other 26 opening in it; or 27 (6) While acting as a collection agency as defined 28 in the "Collection Agency Act" or as an employee of such 29 collection agency, and while attempting to collect an 30 alleged debt, makes a telephone call to the alleged 31 debtor which is designed to harass, annoy or intimidate 32 the alleged debtor; or 33 (7) Transmits or causes to be transmitted a false 34 report to the Department of Children and Family Services HB1761 Engrossed -3- LRB9105516RCks 1 under Section 4 of the "Abused and Neglected Child 2 Reporting Act"; or 3 (8) Transmits or causes to be transmitted a false 4 report to the Department of Public Health under the 5 Nursing Home Care Act; or 6 (9) Transmits or causes to be transmitted in any 7 manner to the police department or fire department of any 8 municipality or fire protection district, or any 9 privately owned and operated ambulance service, a false 10 request for an ambulance, emergency medical 11 technician-ambulance or emergency medical 12 technician-paramedic knowing at the time there is no 13 reasonable ground for believing that such assistance is 14 required; or 15 (10) Transmits or causes to be transmitted a false 16 report under Article II of "An Act in relation to victims 17 of violence and abuse", approved September 16, 1984, as 18 amended; or 19 (11) Transmits or causes to be transmitted a false 20 report to any public safety agency without the reasonable 21 grounds necessary to believe that transmitting such a 22 report is necessary for the safety and welfare of the 23 public; or 24 (12) Calls the number "911" for the purpose of 25 making or transmitting a false alarm or complaint and 26 reporting information when, at the time the call or 27 transmission is made, the person knows there is no 28 reasonable ground for making the call or transmission and 29 further knows that the call or transmission could result 30 in the emergency response of any public safety agency. 31 (b) Sentence. 32 (1) A violation of subsection (a) (1) of this Section is 33 a Class C misdemeanor. A violation of subsection (a)(5), (a) 34 (7), (a)(11), or (a)(12) of this Section is a Class A HB1761 Engrossed -4- LRB9105516RCks 1 misdemeanor. A violation of subsection(a) (5),(a) (8) or 2 (a) (10) of this Section is a Class B misdemeanor. A 3 violation of subsection (a) (2), (a) (3), (a)(4), or (a)(9) 4 of this Section is a Class 4 felony. 5 A violation of subsection (a) (6) of this Section is a 6 Business Offense and shall be punished by a fine not to 7 exceed $3,000. A second or subsequent violation of subsection 8 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4 9 felony. A third or subsequent violation of subsection (a)(5) 10 of this Section is a Class 4 felony. 11 (c) In addition to any other sentence that may be 12 imposed, a court shall order any person convicted of 13 disorderly conduct to perform community service for not less 14 than 30 and not more than 120 hours, if community service is 15 available in the jurisdiction and is funded and approved by 16 the county board of the county where the offense was 17 committed. In addition, whenever any person is placed on 18 supervision for an alleged offense under this Section, the 19 supervision shall be conditioned upon the performance of the 20 community service. 21 This subsection does not apply when the court imposes a 22 sentence of incarceration. 23 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)