|
|
||||
| Public Act 094-0755 |
||||
| ||||
| ||||
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 1961 is amended by changing | ||||
Section 17-2 as follows:
| ||||
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||
Sec. 17-2. False personation; use of title; solicitation; | ||||
certain
entities.
| ||||
(a) A person commits a false personation when he or she | ||||
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 any person 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
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.
| ||||
(a-5) A person commits a false personation when he or she | ||||
falsely
represents himself or herself to be a veteran in | ||||
seeking employment or
public office.
In this subsection, | ||||
"veteran" means a person who has served in the
Armed Services | ||||
or Reserved Forces of the United States.
| ||||
(a-6) A person commits a false personation when he or she | ||||
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 Distinguished Service Cross, | ||||
the Navy Cross, the Air Force Cross, the Silver Star, the | ||||
Bronze Star, or the Purple Heart.
| ||||
It is a defense to a prosecution under this subsection | ||
(a-6) that the medal is used, or is intended to be used, | ||
exclusively:
| ||
(1) for a dramatic presentation, such as a theatrical, | ||
film, or television production, or a historical | ||
re-enactment; or
| ||
(2) for a costume worn, or intended to be worn, by a | ||
person under 18 years of age.
| ||
(b) No person shall use the words "Chicago Police," | ||
"Chicago Police
Department," "Chicago Patrolman," "Chicago
| ||
Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
| ||
any other words to the same effect in the title
of any | ||
organization, magazine, or other publication without the | ||
express
approval of the Chicago Police Board.
| ||
(b-5) No person shall use the words "Cook County Sheriff's | ||
Police" or
"Cook County Sheriff" or any other words to the same | ||
effect in the title of any
organization, magazine, or other | ||
publication without the express approval of
the office of the | ||
Cook County Sheriff's Merit Board. The references to names
and | ||
titles in
this
Section may not be construed as authorizing use | ||
of the names and titles of
other organizations or public safety | ||
personnel organizations otherwise
prohibited by this Section | ||
or the Solicitation for Charity Act.
| ||
(c) (Blank).
| ||
(c-1) No person may claim or represent that he or she is | ||
acting on behalf
of
any police
department, chief of a police | ||
department, fire department, chief of a fire
department, | ||
sheriff's
department, or sheriff when soliciting financial | ||
contributions or selling or
delivering or offering
to sell or | ||
deliver any merchandise, goods, services, memberships, or
| ||
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
agreement with | ||
the person or with an organization with which the person is
| ||
affiliated and the
agreement permits the activity.
| ||
(c-2) No person, when soliciting financial contributions | ||
or selling or
delivering or offering
to sell or deliver any | ||
merchandise, goods, services, memberships, or
advertisements | ||
may claim
or represent that he or she is representing or acting | ||
on behalf of any
nongovernmental
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
law enforcement personnel unless the person is | ||
actually representing or acting
on behalf of the
| ||
nongovernmental organization, and the nongovernmental | ||
organization is
controlled by and
governed by a membership of | ||
and represents a group or association of active
duty peace | ||
officers,
retired peace officers, or injured peace officers and | ||
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
nongovernmental
organization has been | ||
entered into.
| ||
(c-3) No person may solicit financial contributions or sell | ||
or deliver or
offer to sell or
deliver any merchandise, goods, | ||
services, memberships, or advertisements on
behalf of a police,
| ||
sheriff, or other law enforcement department unless that person | ||
is actually
representing or acting
on behalf of the department | ||
or governmental organization and has entered into a
written | ||
contract
with the police chief, or head of the law enforcement | ||
department,
and the corporate or
municipal authority thereof, | ||
or the sheriff, which specifies and states clearly
and fully | ||
the purposes for which
the proceeds of the solicitation, | ||
contribution, or sale will be used.
| ||
(c-4) No person, when soliciting financial contributions | ||
or selling or
delivering or
offering to sell or deliver any | ||
merchandise, goods, services, memberships, or
advertisements,
| ||
may 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
other word or words which would reasonably be understood to | ||
imply that the
organization is
composed of fire fighter or | ||
paramedic personnel unless the person is actually
representing | ||
or
acting on behalf of the nongovernmental organization, and | ||
the nongovernmental
organization is
controlled by and governed | ||
by a membership of and represents a 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
Training Act)
or active duty, retired, or injured | ||
emergency medical technicians - ambulance,
emergency
medical | ||
technicians - intermediate, emergency medical technicians - | ||
paramedic,
ambulance
drivers, or other medical assistance or | ||
first aid personnel, and before
commencing the solicitation
or | ||
the sale or delivery or the offers to sell or deliver any | ||
merchandise,
goods, services,
memberships, or advertisements, | ||
a written contract between the soliciting
or selling person
and | ||
the nongovernmental organization has been entered into.
| ||
(c-5) No person may solicit financial contributions or sell | ||
or deliver or
offer to sell or
deliver any merchandise, goods, | ||
services, memberships, or advertisements on
behalf of a
| ||
department or departments of fire fighters unless that person | ||
is actually
representing or acting on
behalf of the department | ||
or departments and has entered into a written contract
with the
| ||
department chief and corporate or municipal authority thereof | ||
which specifies
and states clearly
and fully the purposes for | ||
which the proceeds of the solicitation,
contribution, or sale | ||
will be
used.
| ||
(c-6) No person may 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.
| ||
(d) Sentence. False personation, unapproved use of a name | ||
or title,
or solicitation in violation of subsection (a), (b), | ||
or (b-5)
of
this Section is a Class C misdemeanor. False | ||
personation in violation of
subsections (a-5) and (c-6) is a | ||
Class A misdemeanor.
False personation in violation of | ||
subsection (a-6) of this Section is a petty offense for which | ||
the offender shall be fined at least $100 and not exceeding | ||
$200. Engaging in any activity in violation of subsection | ||
(c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section is a Class | ||
4 felony.
| ||
(Source: P.A. 94-548, eff. 8-11-05.)
| ||