Bill Text: IL HB1105 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. Provides that disorderly conduct involving a person who knowingly does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace and which involves a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed toward persons at a school or school function or school event, whether or not school is in session, is a Class 4 felony (rather than a Class C misdemeanor). Amends the Harassing and Obscene Communications Act. Provides that obscene messages or harassment by telephone or through electronic communications that involves a threat of destruction of a school building or school property, or a threat of violence or bodily harm directed toward persons at a school or school function or school event, whether or not school is in session, is a Class 4 felony (instead of a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense).

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-28 - Public Act . . . . . . . . . 96-0772 [HB1105 Detail]

Download: Illinois-2009-HB1105-Enrolled.html

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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 1961 is amended by changing
Section 26-1 as follows:
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(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 such transmission that there is no reasonable
ground for believing that such fire exists; or
(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 such place that its
explosion or release would endanger human life, knowing at
the time of such transmission that there is no reasonable

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ground for believing that such bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in such place; or
(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 such transmission that there is no reasonable ground for
believing that such an offense will be committed, is being
committed, or has been committed; or
(5) 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
(6) While acting as a collection agency as defined in
the "Collection Agency Act" or as an employee of such
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; or
(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"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing

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Home Care Act; or
(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 such
assistance is required; or
(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; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) 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; or .
(13) Transmits or causes to be transmitted a threat of

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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.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5), (a)(11), or (a)(12) 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)(4), (a)(7), or (a)(9), or (a)(13) 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)(6) 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),
(a)(11), or (a)(12) of this Section is a Class 4 felony. A
third or subsequent violation of subsection (a)(5) 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,

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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.
(Source: P.A. 92-16, eff. 6-28-01; 92-502, eff. 12-19-01;
93-431, eff. 8-5-03.)