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.



LRB102 04419 RLC 14437 b


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 
 
 
HB0564- 2 -LRB102 04419 RLC 14437 b


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 
 
 
HB0564- 3 -LRB102 04419 RLC 14437 b


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. 
 
 
HB0564- 4 -LRB102 04419 RLC 14437 b


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 
 
 
HB0564- 5 -LRB102 04419 RLC 14437 b


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.
 
 
HB0564- 6 -LRB102 04419 RLC 14437 b


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, 
 
 
HB0564- 7 -LRB102 04419 RLC 14437 b


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)
 
 
HB0564- 8 -LRB102 04419 RLC 14437 b


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 
 
 
HB0564- 9 -LRB102 04419 RLC 14437 b


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.

 
 
HB0564- 10 -LRB102 04419 RLC 14437 b


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 
 
 
HB0564- 11 -LRB102 04419 RLC 14437 b


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.)