Public Act 099-0160
 
HB3988 EnrolledLRB099 07399 RLC 27515 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 26-1 as follows:
 
    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
    Sec. 26-1. Disorderly conduct.
    (a) A person commits disorderly conduct when he or she
knowingly:
        (1) Does any act in such unreasonable manner as to
    alarm or disturb another and to provoke a breach of the
    peace;
        (2) Transmits or causes to be transmitted in any manner
    to the fire department of any city, town, village or fire
    protection district a false alarm of fire, knowing at the
    time of the transmission that there is no reasonable ground
    for believing that the fire exists;
        (3) Transmits or causes to be transmitted in any manner
    to another a false alarm to the effect that a bomb or other
    explosive of any nature or a container holding poison gas,
    a deadly biological or chemical contaminant, or
    radioactive substance is concealed in a place where its
    explosion or release would endanger human life, knowing at
    the time of the transmission that there is no reasonable
    ground for believing that the bomb, explosive or a
    container holding poison gas, a deadly biological or
    chemical contaminant, or radioactive substance is
    concealed in the place;
        (3.5) Transmits or causes to be transmitted a threat of
    destruction of a school building or school property, or a
    threat of violence, death, or bodily harm directed against
    persons at a school, school function, or school event,
    whether or not school is in session;
        (4) Transmits or causes to be transmitted in any manner
    to any peace officer, public officer or public employee a
    report to the effect that an offense will be committed, is
    being committed, or has been committed, knowing at the time
    of the transmission that there is no reasonable ground for
    believing that the offense will be committed, is being
    committed, or has been committed;
        (5) Transmits or causes to be transmitted a false
    report to any public safety agency without the reasonable
    grounds necessary to believe that transmitting the report
    is necessary for the safety and welfare of the public; or
        (6) Calls the number "911" for the purpose of making or
    transmitting a false alarm or complaint and reporting
    information when, at the time the call or transmission is
    made, the person knows there is no reasonable ground for
    making the call or transmission and further knows that the
    call or transmission could result in the emergency response
    of any public safety agency;
        (7) Transmits or causes to be transmitted a false
    report to the Department of Children and Family Services
    under Section 4 of the "Abused and Neglected Child
    Reporting Act";
        (8) Transmits or causes to be transmitted a false
    report to the Department of Public Health under the Nursing
    Home Care Act, the Specialized Mental Health
    Rehabilitation Act of 2013, or the ID/DD Community Care
    Act;
        (9) Transmits or causes to be transmitted in any manner
    to the police department or fire department of any
    municipality or fire protection district, or any privately
    owned and operated ambulance service, a false request for
    an ambulance, emergency medical technician-ambulance or
    emergency medical technician-paramedic knowing at the time
    there is no reasonable ground for believing that the
    assistance is required;
        (10) Transmits or causes to be transmitted a false
    report under Article II of "An Act in relation to victims
    of violence and abuse", approved September 16, 1984, as
    amended;
        (11) Enters upon the property of another and for a lewd
    or unlawful purpose deliberately looks into a dwelling on
    the property through any window or other opening in it; or
        (12) While acting as a collection agency as defined in
    the Collection Agency Act or as an employee of the
    collection agency, and while attempting to collect an
    alleged debt, makes a telephone call to the alleged debtor
    which is designed to harass, annoy or intimidate the
    alleged debtor.
    (b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
violation of subsection (a)(8) or (a)(10) of this Section is a
Class B misdemeanor. A violation of subsection (a)(2),
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
a Class 4 felony. A violation of subsection (a)(3) of this
Section is a Class 3 felony, for which a fine of not less than
$3,000 and no more than $10,000 shall be assessed in addition
to any other penalty imposed.
    A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) of this Section is a
Class 4 felony.
    (c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a
sentence of incarceration.
    (d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device.
    (e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (6) of subsection (a) to reimburse the
public agency for the reasonable costs of the emergency
response by the public agency up to $10,000. If the court
determines that the person convicted of disorderly conduct
under paragraph (6) of subsection (a) is indigent, the
provisions of this subsection (e) do not apply.
    (f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of any
other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1108, eff. 1-1-13; 98-104, eff. 7-22-13.)