Bill Text: IL SB2142 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2024.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2142 Detail]

Download: Illinois-2023-SB2142-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2142 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-1 from Ch. 38, par. 26-1
Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2024.
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A BILL FOR
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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 2012 is amended by
changing Section 26-1 as follows:
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(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;
(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 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;
(3.5) Transmits or causes to be transmitted in any
manner 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;
(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 believing that the offense will be
committed, is being committed, or has been committed;
(5) Transmits or causes to be transmitted in any
manner 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
(6) Calls the number "911" or transmits or causes to
be transmitted in any manner to a public safety agency for
the purpose of making or transmitting a false alarm or

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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;
(7) Transmits or causes to be transmitted in any
manner a false report to the Department of Children and
Family Services under Section 4 of the Abused and
Neglected Child Reporting Act;
(8) Transmits or causes to be transmitted in any
manner a false report to the Department of Public Health
under the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act;
(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;
(10) Transmits or causes to be transmitted in any
manner a false report under Article II of Public Act
83-1432;
(11) Enters upon the property of another and for a

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lewd or unlawful purpose deliberately looks into a
dwelling on the property through any window or other
opening in it; or
(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
alleged debtor; or .
(13) Transmits or causes to be transmitted in any
manner to any peace officer, public officer, or public
employee a report to the effect that a hate crime will be
committed, is being committed, or has been committed,
knowing at the time of the transmission that there is no
reasonable ground for believing that the offense will be
committed, is being committed, or has been committed.
(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.
(b-5) A violation of subsection (a)(13) of this Section is
a Class 2 felony for the first offense and a Class 1 felony for
a second or subsequent offense if committed:
(1) in, or upon the exterior or grounds of a church,
synagogue, mosque, or other building, structure, or place
identified or associated with a particular religion or
used for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in paragraphs (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in paragraphs

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(1) through (4) of this subsection (b-5).
(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,
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.
(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 that requires an emergency response 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 response. If the court determines
that the person convicted of disorderly conduct that requires
an emergency response to a school is indigent, the provisions
of this subsection (d) do not apply.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3.5) or (6) of subsection (a) to

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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 (3.5) or (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
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. 101-238, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect January
1, 2024.