Bill Text: IL HB0564 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that it is an aggravated assault if a person when, in committing an assault, threatens to kill a person who is under 13 years of age if the person committing the assault was at least 18 years of age at the time of the commission of the offense. Provides that it is harassment by telephone to knowingly make a telephone call or to knowingly induce a person to make a telephone call for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant is at least 18 years of age at the time of the commission of the offense. Provides that it is harassment through electronic communications to knowingly transmit an electronic communication or to knowingly induce a person to transmit an electronic communication for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant was at least 18 years of age at the time of the commission of the offense. Provides that these offenses are Class 3 felonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0564 Detail]

Download: Illinois-2021-HB0564-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0564

Introduced , by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/26.5-2
720 ILCS 5/26.5-3
720 ILCS 5/26.5-5

Amends the Criminal Code of 2012. Provides that it is an aggravated assault if a person when, in committing an assault, threatens to kill a person who is under 13 years of age if the person committing the assault was at least 18 years of age at the time of the commission of the offense. Provides that it is harassment by telephone to knowingly make a telephone call or to knowingly induce a person to make a telephone call for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant is at least 18 years of age at the time of the commission of the offense. Provides that it is harassment through electronic communications to knowingly transmit an electronic communication or to knowingly induce a person to transmit an electronic communication for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant was at least 18 years of age at the time of the commission of the offense. Provides that these offenses are Class 3 felonies.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB0564LRB102 04419 RLC 14437 b
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
5changing Sections 12-2, 26.5-2, 26.5-3, and 26.5-5 as follows:
6 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
7 Sec. 12-2. Aggravated assault.
8 (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against
10an individual who is on or about a public way, public property,
11a public place of accommodation or amusement, or a sports
12venue, or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14 (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows the individual assaulted to be any of the following:
17 (1) A person with a physical disability or a person 60
18 years of age or older and the assault is without legal
19 justification.
20 (2) A teacher or school employee upon school grounds
21 or grounds adjacent to a school or in any part of a
22 building used for school purposes.
23 (3) A park district employee upon park grounds or

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1 grounds adjacent to a park or in any part of a building
2 used for park purposes.
3 (4) A community policing volunteer, private security
4 officer, or utility worker:
5 (i) performing his or her official duties;
6 (ii) assaulted to prevent performance of his or
7 her official duties; or
8 (iii) assaulted in retaliation for performing his
9 or her official duties.
10 (4.1) A peace officer, fireman, emergency management
11 worker, or emergency medical services personnel:
12 (i) performing his or her official duties;
13 (ii) assaulted to prevent performance of his or
14 her official duties; or
15 (iii) assaulted in retaliation for performing his
16 or her official duties.
17 (5) A correctional officer or probation officer:
18 (i) performing his or her official duties;
19 (ii) assaulted to prevent performance of his or
20 her official duties; or
21 (iii) assaulted in retaliation for performing his
22 or her official duties.
23 (6) A correctional institution employee, a county
24 juvenile detention center employee who provides direct and
25 continuous supervision of residents of a juvenile
26 detention center, including a county juvenile detention

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1 center employee who supervises recreational activity for
2 residents of a juvenile detention center, or a Department
3 of Human Services employee, Department of Human Services
4 officer, or employee of a subcontractor of the Department
5 of Human Services supervising or controlling sexually
6 dangerous persons or sexually violent persons:
7 (i) performing his or her official duties;
8 (ii) assaulted to prevent performance of his or
9 her official duties; or
10 (iii) assaulted in retaliation for performing his
11 or her official duties.
12 (7) An employee of the State of Illinois, a municipal
13 corporation therein, or a political subdivision thereof,
14 performing his or her official duties.
15 (8) A transit employee performing his or her official
16 duties, or a transit passenger.
17 (9) A sports official or coach actively participating
18 in any level of athletic competition within a sports
19 venue, on an indoor playing field or outdoor playing
20 field, or within the immediate vicinity of such a facility
21 or field.
22 (10) A person authorized to serve process under
23 Section 2-202 of the Code of Civil Procedure or a special
24 process server appointed by the circuit court, while that
25 individual is in the performance of his or her duties as a
26 process server.

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1 (11) A person under 13 years of age if the person
2 committing the assault was at least 18 years of age at the
3 time of the commission of the offense and threatens to
4 kill the person under 13 years of age.
5 (c) Offense based on use of firearm, device, or motor
6vehicle. A person commits aggravated assault when, in
7committing an assault, he or she does any of the following:
8 (1) Uses a deadly weapon, an air rifle as defined in
9 Section 24.8-0.1 of this Act, or any device manufactured
10 and designed to be substantially similar in appearance to
11 a firearm, other than by discharging a firearm.
12 (2) Discharges a firearm, other than from a motor
13 vehicle.
14 (3) Discharges a firearm from a motor vehicle.
15 (4) Wears a hood, robe, or mask to conceal his or her
16 identity.
17 (5) Knowingly and without lawful justification shines
18 or flashes a laser gun sight or other laser device
19 attached to a firearm, or used in concert with a firearm,
20 so that the laser beam strikes near or in the immediate
21 vicinity of any person.
22 (6) Uses a firearm, other than by discharging the
23 firearm, against a peace officer, community policing
24 volunteer, fireman, private security officer, emergency
25 management worker, emergency medical services personnel,
26 employee of a police department, employee of a sheriff's

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1 department, or traffic control municipal employee:
2 (i) performing his or her official duties;
3 (ii) assaulted to prevent performance of his or
4 her official duties; or
5 (iii) assaulted in retaliation for performing his
6 or her official duties.
7 (7) Without justification operates a motor vehicle in
8 a manner which places a person, other than a person listed
9 in subdivision (b)(4), in reasonable apprehension of being
10 struck by the moving motor vehicle.
11 (8) Without justification operates a motor vehicle in
12 a manner which places a person listed in subdivision
13 (b)(4), in reasonable apprehension of being struck by the
14 moving motor vehicle.
15 (9) Knowingly video or audio records the offense with
16 the intent to disseminate the recording.
17 (d) Sentence. Aggravated assault as defined in subdivision
18(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
19(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
20that aggravated assault as defined in subdivision (b)(4) and
21(b)(7) is a Class 4 felony if a Category I, Category II, or
22Category III weapon is used in the commission of the assault.
23Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
24(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
254 felony. Aggravated assault as defined in subdivision
26(b)(11), (c)(3), or (c)(8) is a Class 3 felony.

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1 (e) For the purposes of this Section, "Category I weapon",
2"Category II weapon", and "Category III weapon" have the
3meanings ascribed to those terms in Section 33A-1 of this
4Code.
5(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
6 (720 ILCS 5/26.5-2)
7 Sec. 26.5-2. Harassment by telephone.
8 (a) A person commits harassment by telephone when he or
9she uses telephone communication for any of the following
10purposes:
11 (1) Making any comment, request, suggestion or
12 proposal which is obscene, lewd, lascivious, filthy or
13 indecent with an intent to offend;
14 (2) Making a telephone call, whether or not
15 conversation ensues, with intent to abuse, threaten or
16 harass any person at the called number;
17 (3) Making or causing the telephone of another
18 repeatedly to ring, with intent to harass any person at
19 the called number;
20 (4) Making repeated telephone calls, during which
21 conversation ensues, solely to harass any person at the
22 called number;
23 (5) Making a telephone call or knowingly inducing a
24 person to make a telephone call for the purpose of
25 harassing another person who is under 13 years of age,

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1 regardless of whether the person under 13 years of age
2 consents to the harassment, if the defendant is at least
3 16 years of age at the time of the commission of the
4 offense; or
5 (6) Knowingly permitting any telephone under one's
6 control to be used for any of the purposes mentioned
7 herein; or
8 (7) Knowingly making a telephone call or knowingly
9 inducing a person to make a telephone call for the purpose
10 of threatening to kill another person who is under 13
11 years of age, regardless of whether the person under 13
12 years of age consents to the threat, if the defendant is at
13 least 18 years of age at the time of the commission of the
14 offense.
15 (b) Every telephone directory published for distribution
16to members of the general public shall contain a notice
17setting forth a summary of the provisions of this Section. The
18notice shall be printed in type which is no smaller than any
19other type on the same page and shall be preceded by the word
20"WARNING". All telephone companies in this State shall
21cooperate with law enforcement agencies in using their
22facilities and personnel to detect and prevent violations of
23this Article.
24(Source: P.A. 97-1108, eff. 1-1-13.)
25 (720 ILCS 5/26.5-3)

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1 Sec. 26.5-3. Harassment through electronic communications.
2 (a) A person commits harassment through electronic
3communications when he or she uses electronic communication
4for any of the following purposes:
5 (1) Making any comment, request, suggestion or
6 proposal which is obscene with an intent to offend;
7 (2) Interrupting, with the intent to harass, the
8 telephone service or the electronic communication service
9 of any person;
10 (3) Transmitting to any person, with the intent to
11 harass and regardless of whether the communication is read
12 in its entirety or at all, any file, document, or other
13 communication which prevents that person from using his or
14 her telephone service or electronic communications device;
15 (4) Transmitting an electronic communication or
16 knowingly inducing a person to transmit an electronic
17 communication for the purpose of harassing another person
18 who is under 13 years of age, regardless of whether the
19 person under 13 years of age consents to the harassment,
20 if the defendant is at least 16 years of age at the time of
21 the commission of the offense;
22 (5) Threatening injury to the person or to the
23 property of the person to whom an electronic communication
24 is directed or to any of his or her family or household
25 members; or
26 (6) Knowingly permitting any electronic communications

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1 device to be used for any of the purposes mentioned in this
2 subsection (a); or .
3 (7) Knowingly transmitting an electronic communication
4 or knowingly inducing a person to transmit an electronic
5 communication for the purpose of threatening to kill
6 another person who is under 13 years of age, regardless of
7 whether the person under 13 years of age consents to the
8 threat, if the defendant was at least 18 years of age at
9 the time of the commission of the offense.
10 (b) Telecommunications carriers, commercial mobile service
11providers, and providers of information services, including,
12but not limited to, Internet service providers and hosting
13service providers, are not liable under this Section, except
14for willful and wanton misconduct, by virtue of the
15transmission, storage, or caching of electronic communications
16or messages of others or by virtue of the provision of other
17related telecommunications, commercial mobile services, or
18information services used by others in violation of this
19Section.
20(Source: P.A. 97-1108, eff. 1-1-13.)
21 (720 ILCS 5/26.5-5)
22 Sec. 26.5-5. Sentence.
23 (a) Except as provided in subsection (b), a person who
24violates any of the provisions of Section 26.5-1, 26.5-2, or
2526.5-3 of this Article is guilty of a Class B misdemeanor.

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1Except as provided in subsection (b), a second or subsequent
2violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
3is a Class A misdemeanor, for which the court shall impose a
4minimum of 14 days in jail or, if public or community service
5is established in the county in which the offender was
6convicted, 240 hours of public or community service.
7 (b) In any of the following circumstances, a person who
8violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
9shall be guilty of a Class 4 felony:
10 (1) The person has 3 or more prior violations in the
11 last 10 years of harassment by telephone, harassment
12 through electronic communications, or any similar offense
13 of any other state;
14 (2) The person has previously violated the harassment
15 by telephone provisions, or the harassment through
16 electronic communications provisions, or committed any
17 similar offense in any other state with the same victim or
18 a member of the victim's family or household;
19 (3) At the time of the offense, the offender was under
20 conditions of bail, probation, conditional discharge,
21 mandatory supervised release or was the subject of an
22 order of protection, in this or any other state,
23 prohibiting contact with the victim or any member of the
24 victim's family or household;
25 (4) In the course of the offense, the offender
26 threatened to kill the victim or any member of the

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1 victim's family or household;
2 (5) The person has been convicted in the last 10 years
3 of a forcible felony as defined in Section 2-8 of the
4 Criminal Code of 1961 or the Criminal Code of 2012;
5 (6) The person violates paragraph (5) of Section
6 26.5-2 or paragraph (4) of Section 26.5-3; or
7 (7) The person was at least 18 years of age at the time
8 of the commission of the offense and the victim was under
9 18 years of age at the time of the commission of the
10 offense.
11 (b-5) A person who violates paragraph (7) of subsection
12(a) of Section 26.5-2 or paragraph (7) of subsection (a) of
13Section 26.5-3 is guilty of a Class 3 felony.
14 (c) The court may order any person convicted under this
15Article to submit to a psychiatric examination.
16(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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