Bill Text: IL SB0563 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Illinois Prison Inspection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2019-01-09 - Session Sine Die [SB0563 Detail]
Download: Illinois-2017-SB0563-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Section 26-1 as follows:
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6 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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7 | Sec. 26-1. Disorderly conduct.
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8 | (a) A person commits disorderly conduct when he or she | ||||||
9 | knowingly:
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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;
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13 | (2) Transmits or causes to be transmitted in any manner | ||||||
14 | to the fire
department of any city,
town, village or fire | ||||||
15 | protection district a false alarm of fire, knowing
at the | ||||||
16 | time of the transmission that there is no reasonable ground | ||||||
17 | for
believing that the fire exists;
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18 | (3) Transmits or causes to be transmitted in any manner | ||||||
19 | to another a
false alarm to the effect that a bomb or other | ||||||
20 | explosive of any nature or a
container holding poison gas, | ||||||
21 | a deadly biological or chemical contaminant, or
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22 | 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;
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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 function, | ||||||
10 | or school event, whether or not school is in session; | ||||||
11 | (4) Transmits or causes to be transmitted in any manner | ||||||
12 | to any peace
officer, public officer or public employee a | ||||||
13 | report to the effect that an
offense will be committed, is | ||||||
14 | being committed, or has been committed, knowing
at the time | ||||||
15 | of the transmission that there is no reasonable ground for
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16 | believing that the offense will be committed, is being | ||||||
17 | committed, or has
been committed;
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18 | (5) Transmits or causes to be transmitted a false | ||||||
19 | report to any public
safety agency without the reasonable | ||||||
20 | grounds necessary to believe that
transmitting the report | ||||||
21 | is necessary for the safety and welfare of the
public; or
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22 | (6) Calls the number "911" or transmits or causes to be | ||||||
23 | transmitted in any manner for the purpose of making or | ||||||
24 | transmitting a
false alarm or complaint and reporting | ||||||
25 | information when, at the time the call
or transmission is | ||||||
26 | made, the person knows there is no reasonable ground for
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1 | making the call or transmission and further knows that the | ||||||
2 | call or transmission
could result in the emergency response | ||||||
3 | of any public safety agency;
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4 | (7) Transmits or causes to be transmitted a false | ||||||
5 | report to the
Department of Children and Family Services | ||||||
6 | under Section 4 of the Abused and
Neglected Child Reporting | ||||||
7 | Act;
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8 | (8) Transmits or causes to be transmitted a false | ||||||
9 | report to the
Department of Public Health under the Nursing | ||||||
10 | Home Care Act, the Specialized Mental Health | ||||||
11 | Rehabilitation Act of 2013, the ID/DD Community Care Act, | ||||||
12 | or the MC/DD Act;
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13 | (9) Transmits or causes to be transmitted in any manner | ||||||
14 | to the police
department or fire department of any | ||||||
15 | municipality or fire protection district,
or any privately | ||||||
16 | owned and operated ambulance service, a false request for | ||||||
17 | an
ambulance, emergency medical technician-ambulance or | ||||||
18 | emergency medical
technician-paramedic knowing at the time | ||||||
19 | there is no reasonable ground for
believing that the | ||||||
20 | assistance is required;
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21 | (10) Transmits or causes to be transmitted a false | ||||||
22 | report under
Article II of Public Act 83-1432;
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23 | (11) Enters upon the property of another and for a lewd | ||||||
24 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
25 | the property through any
window or other opening in it; or
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26 | (12) While acting as a collection agency as defined in |
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1 | the
Collection Agency Act or as an employee of the | ||||||
2 | collection agency, and
while attempting to collect an | ||||||
3 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
4 | which is designed to harass, annoy or intimidate the
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5 | alleged debtor.
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6 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
7 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
8 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
9 | violation of subsection
(a)(8) or (a)(10) of this Section is a | ||||||
10 | Class B misdemeanor. A violation of
subsection (a)(2), | ||||||
11 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
12 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
13 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
14 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
15 | to any other penalty imposed.
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16 | A violation of subsection (a)(12) of this Section is a | ||||||
17 | Business Offense and
shall be punished by a fine not to exceed | ||||||
18 | $3,000. A second or subsequent
violation of subsection (a)(7) | ||||||
19 | or (a)(5) of this Section is a Class
4 felony. A third or | ||||||
20 | subsequent violation of subsection (a)(11) of this Section
is a | ||||||
21 | Class 4 felony.
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22 | (c) In addition to any other sentence that may be imposed, | ||||||
23 | a court shall
order any person convicted of disorderly conduct | ||||||
24 | to perform community service
for not less than 30 and not more | ||||||
25 | than 120 hours, if community service is
available in the | ||||||
26 | jurisdiction and is funded and approved by the county board of
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1 | the county where the offense was committed. In addition, | ||||||
2 | whenever any person
is placed on supervision for an alleged | ||||||
3 | offense under this Section, the
supervision shall be | ||||||
4 | conditioned upon the performance of the community service.
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5 | This subsection does not apply when the court imposes a | ||||||
6 | sentence of
incarceration. | ||||||
7 | (d) In addition to any other sentence that may be imposed, | ||||||
8 | the court shall
order any person convicted of disorderly | ||||||
9 | conduct that requires an emergency response to under paragraph | ||||||
10 | (3) of subsection (a) involving a false alarm of a threat that | ||||||
11 | a bomb or explosive device has been placed in a school to | ||||||
12 | reimburse the unit of government that employs the emergency | ||||||
13 | response officer or officers that were dispatched to the school | ||||||
14 | for the cost of the response search for a bomb or explosive | ||||||
15 | device . | ||||||
16 | (e) In addition to any other sentence that may be imposed, | ||||||
17 | the court shall
order any person convicted of disorderly | ||||||
18 | conduct under paragraph (6) of subsection (a) to reimburse the | ||||||
19 | public agency for the reasonable costs of the emergency | ||||||
20 | response by the public agency up to $10,000. If the court | ||||||
21 | determines that the person convicted of disorderly conduct | ||||||
22 | under paragraph (6) of subsection (a) is indigent, the | ||||||
23 | provisions of this subsection (e) do not apply. | ||||||
24 | (f) For the purposes of this Section, "emergency response" | ||||||
25 | means any condition that results in, or could result in, the | ||||||
26 | response of a public official in an authorized emergency |
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1 | vehicle, any condition that jeopardizes or could jeopardize | ||||||
2 | public safety and results in, or could result in, the | ||||||
3 | evacuation of any area, building, structure, vehicle, or of any | ||||||
4 | other place that any person may enter, or any incident | ||||||
5 | requiring a response by a police officer, a firefighter, a | ||||||
6 | State Fire Marshal employee, or an ambulance. | ||||||
7 | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | ||||||
8 | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
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9 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
10 | amended by changing Section 107-6 as follows:
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11 | (725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
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12 | Sec. 107-6. Release by officer of person arrested ; mental | ||||||
13 | health evaluation .
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14 | (a) In this Section, "qualified examiner" has the meaning | ||||||
15 | provided in Section
1-122 of the Mental Health and | ||||||
16 | Developmental Disabilities Code. | ||||||
17 | (b) A peace officer who arrests a person without a warrant | ||||||
18 | is authorized to
release the person without requiring him or | ||||||
19 | her to appear before a court when the
officer is satisfied that | ||||||
20 | there are no grounds for criminal complaint
against the person | ||||||
21 | arrested.
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22 | (c) To assist a peace officer in making the determination | ||||||
23 | to release a person under subsection (b) of this Section or | ||||||
24 | with respect to release of a person after detention by the |
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1 | officer without an arrest, if the officer has reasonable | ||||||
2 | grounds to believe the person made a threat of violence, death, | ||||||
3 | or bodily harm against a person, school, school function, or | ||||||
4 | school event, the officer may seek to obtain a mental health | ||||||
5 | evaluation of the person by a physician,
clinical psychologist, | ||||||
6 | or qualified examiner, whether employed
by the State, by any | ||||||
7 | public or private mental health facility or part of the | ||||||
8 | facility,
or by any public or private medical facility or part | ||||||
9 | of the facility. | ||||||
10 | (Source: Laws 1963, p. 2836.)
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