State of Illinois
92nd General Assembly
Legislation

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92_HB3692

 
                                               LRB9211013RCsb

 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-                LRB9211013RCsb
 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);  or  Transmits   or   causes   to   be
16        transmitted  in  any manner to the fire department of any
17        city, town, village or fire protection district  a  false
18        alarm  of  fire, knowing at the time of such transmission
19        that there is no reasonable  ground  for  believing  that
20        such fire exists; or
21             (3)  (Blank);   or   Transmits   or   causes  to  be
22        transmitted in any manner to another a false alarm to the
23        effect that a bomb or other explosive of any nature or  a
24        container  holding  poison  gas,  a  deadly biological or
25        chemical  contaminant,  or   radioactive   substance   is
26        concealed  in  such  place  that its explosion or release
27        would endanger human life, knowing at the  time  of  such
28        transmission  that  there  is  no  reasonable  ground for
29        believing  that  such  bomb,  explosive  or  a  container
30        holding poison  gas,  a  deadly  biological  or  chemical
31        contaminant,  or  radioactive  substance  is concealed in
32        such place; or
 
                            -3-                LRB9211013RCsb
 1             (4)  (Blank);  or  Transmits   or   causes   to   be
 2        transmitted  in  any  manner to any peace officer, public
 3        officer or public employee a report to the effect that an
 4        offense will be committed, is  being  committed,  or  has
 5        been  committed, knowing at the time of such transmission
 6        that there is no reasonable  ground  for  believing  that
 7        such an offense will be committed, is being committed, or
 8        has been committed; or
 9             (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);   or   Transmits   or   causes  to  be
27        transmitted in any manner to  the  police  department  or
28        fire  department  of  any municipality or fire protection
29        district, or any privately owned and  operated  ambulance
30        service,  a  false  request  for  an ambulance, emergency
31        medical   technician-ambulance   or   emergency   medical
32        technician-paramedic knowing at  the  time  there  is  no
33        reasonable  ground  for believing that such assistance is
34        required; or
 
                            -4-                LRB9211013RCsb
 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);  or  Transmits  or   causes   to   be
 6        transmitted  a  false  report to any public safety agency
 7        without the reasonable grounds necessary to believe  that
 8        transmitting  such  a  report is necessary for the safety
 9        and welfare of the public; or
10             (12)  (Blank).  Calls  the  number  "911"  for   the
11        purpose  of  making  or  transmitting  a  false  alarm or
12        complaint and reporting information when, at the time the
13        call or transmission is made, the person knows  there  is
14        no  reasonable ground for making the call or transmission
15        and further knows that the  call  or  transmission  could
16        result  in  the  emergency  response of any public safety
17        agency.
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.
23    A  violation  of subsection (a)(2), (a)(4), or (a)(9) of this
24    Section is a Class  4  felony.   A  violation  of  subsection
25    (a)(3)  of this Section is a Class 3 felony, for which a fine
26    of not less than $3,000 and no more  than  $10,000  shall  be
27    assessed 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-                LRB9211013RCsb
 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.

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