Bill Text: IL HB4947 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that disorderly conduct, when a person knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, is a Class A misdemeanor if the violation results or requires a business or facility to close during the breach of the peace.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-07 - Referred to Rules Committee [HB4947 Detail]

Download: Illinois-2023-HB4947-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4947

Introduced , by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-1 from Ch. 38, par. 26-1

Amends the Criminal Code of 2012. Provides that disorderly conduct, when a person knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, is a Class A misdemeanor if the violation results or requires a business or facility to close during the breach of the peace.
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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
5changing Section 26-1 as follows:
6 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
7 Sec. 26-1. Disorderly conduct.
8 (a) A person commits disorderly conduct when he or she
9knowingly:
10 (1) Does any act in such unreasonable manner as to
11 alarm or disturb another and to provoke a breach of the
12 peace;
13 (2) Transmits or causes to be transmitted in any
14 manner to the fire department of any city, town, village
15 or fire protection district a false alarm of fire, knowing
16 at the time of the transmission that there is no
17 reasonable ground for believing that the fire exists;
18 (3) Transmits or causes to be transmitted in any
19 manner to another a false alarm to the effect that a bomb
20 or other explosive of any nature or a container holding
21 poison gas, a deadly biological or chemical contaminant,
22 or radioactive substance is concealed in a place where its
23 explosion or release would endanger human life, knowing at

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1 the time of the transmission that there is no reasonable
2 ground for believing that the bomb, explosive or a
3 container holding poison gas, a deadly biological or
4 chemical contaminant, or radioactive substance is
5 concealed in the place;
6 (3.5) Transmits or causes to be transmitted in any
7 manner a threat of destruction of a school building or
8 school property, or a threat of violence, death, or bodily
9 harm directed against persons at a school, school
10 function, or school event, whether or not school is in
11 session;
12 (4) Transmits or causes to be transmitted in any
13 manner to any peace officer, public officer or public
14 employee a report to the effect that an offense will be
15 committed, is being committed, or has been committed,
16 knowing at the time of the transmission that there is no
17 reasonable ground for believing that the offense will be
18 committed, is being committed, or has been committed;
19 (5) Transmits or causes to be transmitted in any
20 manner a false report to any public safety agency without
21 the reasonable grounds necessary to believe that
22 transmitting the report is necessary for the safety and
23 welfare of the public;
24 (6) Calls or texts the number "911" or transmits or
25 causes to be transmitted in any manner to a public safety
26 agency or public safety answering point for the purpose of

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1 making or transmitting a false alarm or complaint and
2 reporting information when, at the time the call, text, or
3 transmission is made, the person knows there is no
4 reasonable ground for making the call, text, or
5 transmission and further knows that the call, text, or
6 transmission could result in the emergency response of any
7 public safety agency;
8 (7) Transmits or causes to be transmitted in any
9 manner a false report to the Department of Children and
10 Family Services under Section 4 of the Abused and
11 Neglected Child Reporting Act;
12 (8) Transmits or causes to be transmitted in any
13 manner a false report to the Department of Public Health
14 under the Nursing Home Care Act, the Specialized Mental
15 Health Rehabilitation Act of 2013, the ID/DD Community
16 Care Act, or the MC/DD Act;
17 (9) Transmits or causes to be transmitted in any
18 manner to the police department or fire department of any
19 municipality or fire protection district, or any privately
20 owned and operated ambulance service, a false request for
21 an ambulance, emergency medical technician-ambulance or
22 emergency medical technician-paramedic knowing at the time
23 there is no reasonable ground for believing that the
24 assistance is required;
25 (10) Transmits or causes to be transmitted in any
26 manner a false report under Article II of Public Act

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1 83-1432;
2 (11) Enters upon the property of another and for a
3 lewd or unlawful purpose deliberately looks into a
4 dwelling on the property through any window or other
5 opening in it; or
6 (12) While acting as a collection agency as defined in
7 the Collection Agency Act or as an employee of the
8 collection agency, and while attempting to collect an
9 alleged debt, makes a telephone call to the alleged debtor
10 which is designed to harass, annoy or intimidate the
11 alleged debtor.
12 (b) Sentence. A violation of subsection (a)(1) of this
13Section is a Class C misdemeanor. A violation of subsection
14(a)(1) of this Section is a Class A misdemeanor if the
15violation results or requires a business or facility to close
16during the breach of the peace. A violation of subsection
17(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
18violation of subsection (a)(8) or (a)(10) of this Section is a
19Class B misdemeanor. A violation of subsection (a)(2),
20(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
21a Class 4 felony. A violation of subsection (a)(3) of this
22Section is a Class 3 felony, for which a fine of not less than
23$3,000 and no more than $10,000 shall be assessed in addition
24to any other penalty imposed.
25 A violation of subsection (a)(12) of this Section is a
26Business Offense and shall be punished by a fine not to exceed

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1$3,000. A second or subsequent violation of subsection (a)(7)
2or (a)(5) of this Section is a Class 4 felony. A third or
3subsequent violation of subsection (a)(11) of this Section is
4a Class 4 felony.
5 (c) In addition to any other sentence that may be imposed,
6a court shall order any person convicted of disorderly conduct
7to perform community service for not less than 30 and not more
8than 120 hours, if community service is available in the
9jurisdiction and is funded and approved by the county board of
10the county where the offense was committed. In addition,
11whenever any person is placed on supervision for an alleged
12offense under this Section, the supervision shall be
13conditioned upon the performance of the community service.
14 This subsection does not apply when the court imposes a
15sentence of incarceration.
16 (d) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (3) of subsection (a) involving a
19false alarm of a threat that a bomb or explosive device has
20been placed in a school that requires an emergency response to
21reimburse the unit of government that employs the emergency
22response officer or officers that were dispatched to the
23school for the cost of the response. If the court determines
24that the person convicted of disorderly conduct that requires
25an emergency response to a school is indigent, the provisions
26of this subsection (d) do not apply.

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