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| Public Act 099-0160
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| HB3988 Enrolled | LRB099 07399 RLC 27515 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 26-1 as follows:
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(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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Sec. 26-1. Disorderly conduct.
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(a) A person commits disorderly conduct when he or she |
knowingly:
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(1) Does any act in such unreasonable manner as to |
alarm or disturb
another and to provoke a breach of the |
peace;
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(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;
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(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
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radioactive substance is concealed in a place where its |
explosion or release
would endanger human life, knowing at |
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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;
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(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;
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(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
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believing that the offense will be committed, is being |
committed, or has
been committed;
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(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
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(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
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making the call or transmission and further knows that the |
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call or transmission
could result in the emergency response |
of any public safety agency;
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(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";
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(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;
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(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;
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(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;
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(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
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(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
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alleged debtor.
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(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.
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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.
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(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 |
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jurisdiction and is funded and approved by the county board of
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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.
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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 |
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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.)
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