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| Public Act 098-1125
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| SB3538 Enrolled | LRB098 19359 RLC 55393 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 17-2 as follows:
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(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
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Sec. 17-2. False personation; solicitation. |
(a) False personation; solicitation. |
(1) A person commits a false personation when he or she |
knowingly and falsely represents
himself or herself to be a |
member or representative of any
veterans' or public safety |
personnel organization
or a representative of
any |
charitable organization, or when he or she knowingly |
exhibits or uses in any manner
any decal, badge or insignia |
of any
charitable, public safety personnel, or veterans' |
organization
when not authorized to
do so by the
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charitable, public safety personnel, or veterans' |
organization.
"Public safety personnel organization" has |
the meaning ascribed to that term
in Section 1 of the |
Solicitation for Charity Act.
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(2) A person commits a false personation when he or she |
knowingly and falsely
represents himself or herself to be a |
veteran in seeking employment or
public office.
In this |
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paragraph, "veteran" means a person who has served in the
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Armed Services or Reserve
Forces of the United States.
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(2.5) A person commits a false personation when he or |
she knowingly and falsely represents himself or herself to |
be: |
(A) another actual person and does an act in such |
assumed character with intent to intimidate, threaten, |
injure, defraud, or to obtain a benefit from another; |
or |
(B) a representative of an actual person or |
organization and does an act in such false capacity |
with intent to obtain a benefit or to injure or defraud |
another. |
(3) No person shall knowingly use the words "Police", |
"Police
Department", "Patrolman", "Sergeant", |
"Lieutenant",
"Peace Officer", "Sheriff's Police", |
"Sheriff", "Officer", "Law Enforcement", "Trooper", |
"Deputy", "Deputy Sheriff", "State Police",
or
any other |
words to the same effect (i) in the title
of any |
organization, magazine, or other publication without the |
express
approval of the named public safety personnel |
organization's governing board or (ii) in combination with |
the name of any state, state agency, public university, or |
unit of local government without the express written |
authorization of that state, state agency, public |
university, or unit of local government.
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(4) No person may knowingly claim or represent that he |
or she is acting on behalf
of
any public safety personnel |
organization when soliciting financial contributions or |
selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
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advertisements unless the
chief of the police department, |
fire department, and the
corporate or municipal authority |
thereof,
or the sheriff has first
entered into a written
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agreement with the person or with an organization with |
which the person is
affiliated and the
agreement permits |
the activity and specifies and states clearly and fully the |
purpose for which the proceeds of the solicitation, |
contribution, or sale will be used.
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(5) No person, when soliciting financial contributions |
or selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
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advertisements may claim
or represent that he or she is |
representing or acting on behalf of any
nongovernmental
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organization by any name which includes "officer", "peace |
officer", "police",
"law
enforcement", "trooper", |
"sheriff", "deputy", "deputy sheriff", "State police",
or |
any other word
or words which would reasonably be |
understood to imply that the organization is
composed of
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law enforcement personnel unless: |
(A) the person is actually representing or acting
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on behalf of the
nongovernmental organization; |
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(B) the nongovernmental organization is
controlled |
by and
governed by a membership of and represents a |
group or association of active
duty peace officers,
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retired peace officers, or injured peace officers; and |
(C) before commencing the
solicitation or the
sale |
or the offers to sell any merchandise, goods, services, |
memberships, or
advertisements, a
written contract |
between the soliciting or selling person and the
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nongovernmental
organization, which specifies and |
states clearly and fully the purposes for which the |
proceeds of the solicitation, contribution, or sale |
will be used, has been entered into.
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(6) No person, when soliciting financial contributions |
or selling or
delivering or
offering to sell or deliver any |
merchandise, goods, services, memberships, or
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advertisements,
may knowingly claim or represent that he or |
she is representing or acting on behalf of
any |
nongovernmental
organization by any name which includes |
the term "fireman", "fire fighter",
"paramedic", or any
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other word or words which would reasonably be understood to |
imply that the
organization is
composed of fire fighter or |
paramedic personnel unless: |
(A) the person is actually
representing or
acting |
on behalf of the nongovernmental organization; |
(B) the nongovernmental
organization is
controlled |
by and governed by a membership of and represents a |
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group or
association of active
duty, retired, or |
injured fire fighters (for the purposes of this |
Section,
"fire fighter" has the
meaning ascribed to |
that term in Section 2 of the Illinois Fire Protection
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Training Act)
or active duty, retired, or injured |
emergency medical technicians - ambulance,
emergency
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medical technicians - intermediate, emergency medical |
technicians - paramedic,
ambulance
drivers, or other |
medical assistance or first aid personnel; and |
(C) before
commencing the solicitation
or the sale |
or delivery or the offers to sell or deliver any |
merchandise,
goods, services,
memberships, or |
advertisements, the soliciting or selling person and |
the nongovernmental organization have entered into a |
written contract that specifies and states clearly and |
fully the purposes for which the proceeds of the |
solicitation, contribution, or sale will be used.
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(7) No person may knowingly claim or represent that he |
or she is an airman, airline employee, airport employee, or |
contractor at an airport in order to obtain the uniform, |
identification card, license, or other identification |
paraphernalia of an airman, airline employee, airport |
employee, or contractor at an airport.
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(8) No person, firm,
copartnership, or corporation |
(except corporations organized and doing business
under |
the Pawners Societies Act)
shall knowingly use a name that |
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contains in it the words
"Pawners' Society". |
(b) False personation; public officials and employees. A |
person commits a false personation if he or she knowingly and |
falsely represents himself or herself to be any of the |
following: |
(1) An attorney authorized to practice law for purposes |
of compensation or consideration. This paragraph (b)(1) |
does not apply to a person who unintentionally fails to pay |
attorney registration fees established by Supreme Court |
Rule. |
(2) A public officer or a public employee or an |
official or employee of the federal government. |
(2.3) A public officer, a public employee, or an |
official or employee of the federal government, and the |
false representation is made in furtherance of the |
commission of felony. |
(2.7) A public officer or a public employee, and the |
false representation is for the purpose of effectuating |
identity theft as defined in Section 16-30 of this Code. |
(3) A peace officer. |
(4) A peace officer while carrying a deadly weapon. |
(5) A peace officer in attempting or committing a |
felony. |
(6) A peace officer in attempting or committing a |
forcible felony. |
(7) The parent, legal guardian, or other relation of a |
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minor child to any public official, public employee, or |
elementary or secondary school employee or administrator. |
(7.5) The legal guardian, including any representative |
of a State or public guardian, of a disabled person |
appointed under Article XIa of the Probate Act of 1975. |
(8) A fire fighter. |
(9) A fire fighter while carrying a deadly weapon. |
(10) A fire fighter in attempting or committing a |
felony. |
(11) An emergency management worker of any |
jurisdiction in this State. |
(12) An emergency management worker of any |
jurisdiction in this State in attempting or committing a |
felony.
For the purposes of this subsection (b), "emergency |
management worker" has the meaning provided under Section |
2-6.6 of this Code. |
(b-5) The trier of fact may infer that a person falsely |
represents himself or herself to be a public officer or a |
public employee or an official or employee of the federal |
government if the person: |
(1) wears or displays without authority any uniform, |
badge, insignia, or facsimile thereof by which a public |
officer or public employee or official or employee of the |
federal government is lawfully distinguished; or |
(2) falsely expresses by word or action that he or she |
is a public officer or public employee or official or |
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employee of the federal government and is acting with |
approval or authority of a public agency or department. |
(c) Fraudulent advertisement of a corporate name. |
(1) A company, association, or individual commits |
fraudulent advertisement of a corporate name if he, she, or |
it, not being incorporated, puts forth a sign or |
advertisement and assumes, for the purpose of soliciting |
business, a corporate name. |
(2) Nothing contained in this subsection (c) prohibits |
a corporation, company, association, or person from using a |
divisional designation or trade name in conjunction with |
its corporate name or assumed name under Section 4.05 of |
the Business Corporation Act of 1983 or, if it is a member |
of a partnership or joint venture, from doing partnership |
or joint venture business under the partnership or joint |
venture name. The name under which the joint venture or |
partnership does business may differ from the names of the |
members. Business may not be conducted or transacted under |
that joint venture or partnership name, however, unless all |
provisions of the Assumed Business Name Act have been |
complied with. Nothing in this subsection (c) permits a |
foreign corporation to do business in this State without |
complying with all Illinois laws regulating the doing of |
business by foreign corporations. No foreign corporation |
may conduct or transact business in this State as a member |
of a partnership or joint venture that violates any |
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Illinois law regulating or pertaining to the doing of |
business by foreign corporations in Illinois. |
(3) The provisions of this subsection (c) do not apply |
to limited partnerships formed under the Revised Uniform |
Limited Partnership Act or under the Uniform Limited |
Partnership Act (2001). |
(d) False law enforcement badges. |
(1) A person commits false law enforcement badges if he |
or she knowingly produces, sells, or distributes a law |
enforcement badge without the express written consent of |
the law enforcement agency represented on the badge or, in |
case of a reorganized or defunct law enforcement agency, |
its successor law enforcement agency. |
(2) It is a defense to false law enforcement badges |
that the law enforcement badge is used or is intended to be |
used exclusively: (i) as a memento or in a collection or |
exhibit; (ii) for decorative purposes; or (iii) for a |
dramatic presentation, such as a theatrical, film, or |
television production. |
(e) False medals. |
(1) A person commits a false personation if he or she |
knowingly and falsely represents himself or herself to be a |
recipient of, or wears on his or her person, any of the |
following medals if that medal was not awarded to that |
person by the United States Government, irrespective of |
branch of service: The Congressional Medal of Honor, The |
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Distinguished Service Cross, The Navy Cross, The Air Force |
Cross, The Silver Star, The Bronze Star, or the Purple |
Heart. |
(2) It is a defense to a prosecution under paragraph |
(e)(1) that the medal is used, or is intended to be used, |
exclusively: |
(A) for a dramatic presentation, such as a |
theatrical, film, or television production, or a |
historical re-enactment; or |
(B) for a costume worn, or intended to be worn, by |
a person under 18 years of age. |
(f) Sentence. |
(1) A violation of paragraph (a)(8) is a petty offense |
subject to a fine of not less than $5 nor more than $100, |
and the person, firm, copartnership, or corporation |
commits an additional petty offense for each day he, she, |
or it continues to commit the violation. A violation of |
paragraph (c)(1) is a petty offense, and the company, |
association, or person commits an additional petty offense |
for each day he, she, or it continues to commit the |
violation. A violation of subsection (e) is a petty offense |
for which the offender shall be fined at least $100 and not |
more than $200. |
(2) A violation of paragraph (a)(1), or (a)(3), or |
(b)(7.5) is a Class C misdemeanor. |
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), |
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(b)(2), or (b)(7) or subsection (d) is a Class A |
misdemeanor. A second or subsequent violation of |
subsection (d) is a Class 3 felony. |
(4) A violation of paragraph (a)(4), (a)(5), (a)(6), |
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a |
Class 4 felony. |
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12) |
is a Class 3 felony. |
(6) A violation of paragraph (b)(5) or (b)(10) is a |
Class 2 felony. |
(7) A violation of paragraph (b)(6) is a Class 1 |
felony.
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(g) A violation of subsection (a)(1) through (a)(7) or |
subsection (e) of this Section may be accomplished in person or |
by any means of communication, including but not limited to the |
use of an Internet website or any form of electronic |
communication. |
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; |
97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change |
to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)
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