Bill Text: IL HB0392 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0392 Detail]

Download: Illinois-2017-HB0392-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0392

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
See Index

Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Sections 11-30, 25-1, and 31-1 and by adding Section 2-23 as
6follows:
7 (720 ILCS 5/2-23 new)
8 Sec. 2-23. "Youth center".
9 "Youth center" means a facility operated by the Department
10of Juvenile Justice or other juvenile detention facility.
11 (720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
12 Sec. 11-30. Public indecency.
13 (a) Any person of the age of 17 years and upwards who
14performs any of the following acts in a public place commits a
15public indecency:
16 (1) An act of sexual penetration or sexual conduct; or
17 (2) A lewd exposure of the body done with intent to
18 arouse or to satisfy the sexual desire of the person.
19 Breast-feeding of infants is not an act of public
20indecency.
21 (b) "Public place" for purposes of this Section means any
22place where the conduct may reasonably be expected to be viewed

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1by others.
2 (c) Sentence.
3 Public indecency is a Class A misdemeanor. A person
4convicted of a third or subsequent violation for public
5indecency is guilty of a Class 4 felony. Public indecency is a
6Class 4 felony if committed by a person 17 years or older who
7is within the secure grounds of a penal institution, youth
8center, correctional facility, or other facility used to detain
9a person charged with or convicted of a criminal offense.
10Public indecency is a Class 3 4 felony if committed by a person
1118 years of age or older who is on or within 500 feet of
12elementary or secondary school grounds when children are
13present on the grounds.
14(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)
15 (720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
16 Sec. 25-1. Mob action.
17 (a) A person commits mob action when he or she engages in
18any of the following:
19 (1) the knowing or reckless use of force or violence
20 disturbing the public peace by 2 or more persons acting
21 together and without authority of law;
22 (1.5) the knowing or reckless use of force or violence
23 that creates a disruption in the operations or programs
24 within a State, county, youth center, correctional
25 facility, or other facility used to detain any person

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1 charged with or convicted of a criminal offense by 2 or
2 more persons acting together and without the authority of
3 law;
4 (2) the knowing assembly of 2 or more persons with the
5 intent to commit or facilitate the commission of a felony
6 or misdemeanor; or
7 (3) the knowing assembly of 2 or more persons, without
8 authority of law, for the purpose of doing violence to the
9 person or property of anyone supposed to have been guilty
10 of a violation of the law, or for the purpose of exercising
11 correctional powers or regulative powers over any person by
12 violence.
13 (b) Sentence.
14 (1) Mob action in violation of paragraph (1) or (1.5)
15 of subsection (a) is a Class 3 4 felony.
16 (2) Mob action in violation of paragraph paragraphs (2)
17 or and (3) of subsection (a) is a Class C misdemeanor.
18 (3) A participant in a mob action that by violence
19 inflicts injury to the person or property of another
20 commits a Class 2 4 felony.
21 (4) A participant in a mob action who does not withdraw
22 when commanded to do so by a peace officer or correctional
23 facility employee commits a Class 4 felony A misdemeanor.
24 (5) In addition to any other sentence that may be
25 imposed, a court shall order any person convicted of mob
26 action to perform community service for not less than 30

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1 and not more than 120 hours, if community service is
2 available in the jurisdiction and is funded and approved by
3 the county board of the county where the offense was
4 committed. In addition, whenever any person is placed on
5 supervision for an alleged offense under this Section, the
6 supervision shall be conditioned upon the performance of
7 the community service. This paragraph does not apply when
8 the court imposes a sentence of incarceration.
9(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)
10 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
11 Sec. 31-1. Resisting or obstructing a peace officer,
12firefighter, or correctional institution employee.
13 (a) A person who knowingly resists or obstructs the
14performance by one known to the person to be a peace officer,
15firefighter, or correctional institution employee of any
16authorized act within his or her official capacity commits a
17Class A misdemeanor.
18 (a-5) In addition to any other sentence that may be
19imposed, a court shall order any person convicted of resisting
20or obstructing a peace officer, firefighter, or correctional
21institution employee to be sentenced to a minimum of 48
22consecutive hours of imprisonment or ordered to perform
23community service for not less than 100 hours as may be
24determined by the court. The person shall not be eligible for
25probation in order to reduce the sentence of imprisonment or

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1community service.
2 (a-7) A person convicted for a violation of this Section
3whose violation was the proximate cause of an injury to a peace
4officer, firefighter, or correctional institution employee is
5guilty of a Class 3 4 felony.
6 (b) For purposes of this Section, "correctional
7institution employee" means any person employed to supervise
8and control inmates incarcerated in a penitentiary, State farm,
9reformatory, prison, jail, house of correction, police
10detention area, half-way house, or other institution or place
11for the incarceration or custody of persons under sentence for
12offenses or awaiting trial or sentence for offenses, under
13arrest for an offense, a violation of probation, a violation of
14parole, a violation of aftercare release, a violation of
15mandatory supervised release, or awaiting a bail setting
16hearing or preliminary hearing, or who are sexually dangerous
17persons or who are sexually violent persons; and "firefighter"
18means any individual, either as an employee or volunteer, of a
19regularly constituted fire department of a municipality or fire
20protection district who performs fire fighting duties,
21including, but not limited to, the fire chief, assistant fire
22chief, captain, engineer, driver, ladder person, hose person,
23pipe person, and any other member of a regularly constituted
24fire department. "Firefighter" also means a person employed by
25the Office of the State Fire Marshal to conduct arson
26investigations.

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1 (c) It is an affirmative defense to a violation of this
2Section if a person resists or obstructs the performance of one
3known by the person to be a firefighter by returning to or
4remaining in a dwelling, residence, building, or other
5structure to rescue or to attempt to rescue any person.
6(Source: P.A. 98-558, eff. 1-1-14.)

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1 INDEX
2 Statutes amended in order of appearance