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92_HB3689 LRB9210711RCsb 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Purpose. 5 (1) The General Assembly finds and declares that: 6 (i) Sections 5 and 15 of Public Act 90-456, 7 approved August 17, 1997, amended the Emergency Telephone 8 System Act and the Criminal Code of 1961 with respect to 9 the crime of disorderly conduct. Public Act 90-456 also 10 contained other provisions. 11 (ii) On September 20, 2001, the Illinois Supreme 12 Court, in People v. Sypien, Docket No. 89265, ruled that 13 Public Act 90-456 violates the single-subject clause of 14 the Illinois Constitution (Article IV, Section 8 (d)) and 15 was unconstitutional in its entirety. 16 (iii) The issues addressed by the amendatory 17 changes to the Emergency Telephone System Act and the 18 Criminal Code of 1961 made by Public Act 90-456 are of 19 vital concern to the people of this State. 20 (2) It is the purpose of this Act to re-enact the 21 amendatory changes to the Emergency Telephone System Act and 22 the Criminal Code of 1961 made by Public Act 90-456, and to 23 make other changes in the Criminal Code of 1961. The material 24 originally contained in Public Act 90-456 is shown as 25 existing text (i.e., without underscoring). 26 Section 5. The Emergency Telephone System Act is amended 27 by re-enacting Section 15.2 as follows: 28 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2) 29 Sec. 15.2. Any person calling the number "911" for the 30 purpose of making a false alarm or complaint and reporting -2- LRB9210711RCsb 1 false information is subject to the provisions of Section 2 26-1 of the Criminal Code of 1961. 3 (Source: P.A. 90-456, eff. 1-1-98.) 4 Section 10. The Criminal Code of 1961 is amended by 5 re-enacting and changing Section 26-1 as follows: 6 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 7 (This Section contains provisions from P.A. 90-456, which 8 has been held unconstitutional) 9 Sec. 26-1. Elements of the Offense. 10 (a) A person commits disorderly conduct when he 11 knowingly: 12 (1) Does any act in such unreasonable manner as to 13 alarm or disturb another and to provoke a breach of the 14 peace; or 15 (2) (Blank); orTransmits or causes to be16transmitted in any manner to the fire department of any17city, town, village or fire protection district a false18alarm of fire, knowing at the time of such transmission19that there is no reasonable ground for believing that20such fire exists; or21 (3) (Blank); orTransmits or causes to be22transmitted in any manner to another a false alarm to the23effect that a bomb or other explosive of any nature or a24container holding poison gas, a deadly biological or25chemical contaminant, or radioactive substance is26concealed in such place that its explosion or release27would endanger human life, knowing at the time of such28transmission that there is no reasonable ground for29believing that such bomb, explosive or a container30holding poison gas, a deadly biological or chemical31contaminant, or radioactive substance is concealed in32such place; or-3- LRB9210711RCsb 1 (4) (Blank); orTransmits or causes to be2transmitted in any manner to any peace officer, public3officer or public employee a report to the effect that an4offense will be committed, is being committed, or has5been committed, knowing at the time of such transmission6that there is no reasonable ground for believing that7such an offense will be committed, is being committed, or8has been committed; or9 (5) Enters upon the property of another and for a 10 lewd or unlawful purpose deliberately looks into a 11 dwelling on the property through any window or other 12 opening in it; or 13 (6) While acting as a collection agency as defined 14 in the "Collection Agency Act" or as an employee of such 15 collection agency, and while attempting to collect an 16 alleged debt, makes a telephone call to the alleged 17 debtor which is designed to harass, annoy or intimidate 18 the alleged debtor; or 19 (7) Transmits or causes to be transmitted a false 20 report to the Department of Children and Family Services 21 under Section 4 of the "Abused and Neglected Child 22 Reporting Act"; or 23 (8) Transmits or causes to be transmitted a false 24 report to the Department of Public Health under the 25 Nursing Home Care Act; or 26 (9) (Blank); orTransmits or causes to be27transmitted in any manner to the police department or28fire department of any municipality or fire protection29district, or any privately owned and operated ambulance30service, a false request for an ambulance, emergency31medical technician-ambulance or emergency medical32technician-paramedic knowing at the time there is no33reasonable ground for believing that such assistance is34required; or-4- LRB9210711RCsb 1 (10) Transmits or causes to be transmitted a false 2 report under Article II of "An Act in relation to victims 3 of violence and abuse", approved September 16, 1984, as 4 amended; or 5 (11) (Blank); orTransmits or causes to be6transmitted a false report to any public safety agency7without the reasonable grounds necessary to believe that8transmitting such a report is necessary for the safety9and welfare of the public; or10 (12) (Blank).Calls the number "911" for the11purpose of making or transmitting a false alarm or12complaint and reporting information when, at the time the13call or transmission is made, the person knows there is14no reasonable ground for making the call or transmission15and further knows that the call or transmission could16result in the emergency response of any public safety17agency.18 (b) Sentence. A violation of subsection (a)(1) of 19 this Section is a Class C misdemeanor. A violation of 20 subsection (a)(5),or (a)(7),(a)(11), or (a)(12)of this 21 Section is a Class A misdemeanor. A violation of subsection 22 (a)(8) or (a)(10) of this Section is a Class B misdemeanor. 23A violation of subsection (a)(2), (a)(4), or (a)(9) of this24Section is a Class 4 felony. A violation of subsection25(a)(3) of this Section is a Class 3 felony, for which a fine26of not less than $3,000 and no more than $10,000 shall be27assessed in addition to any other penalty imposed.28 A violation of subsection (a)(6) of this Section is a 29 Business Offense and shall be punished by a fine not to 30 exceed $3,000. A second or subsequent violation of 31 subsection (a)(7), (a)(11), or (a)(12)of this Section is a 32 Class 4 felony. A third or subsequent violation of 33 subsection (a)(5) of this Section is a Class 4 felony. 34 (c) In addition to any other sentence that may be -5- LRB9210711RCsb 1 imposed, a court shall order any person convicted of 2 disorderly conduct to perform community service for not less 3 than 30 and not more than 120 hours, if community service is 4 available in the jurisdiction and is funded and approved by 5 the county board of the county where the offense was 6 committed. In addition, whenever any person is placed on 7 supervision for an alleged offense under this Section, the 8 supervision shall be conditioned upon the performance of the 9 community service. 10 This subsection does not apply when the court imposes a 11 sentence of incarceration. 12 (Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00; 13 91-121, eff. 7-15-99; 92-16, eff. 6-28-01.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.