Public Act 096-0413
 		





HB4049 Enrolled
LRB096 09841 RLC 20004 b






    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 
Sections 26-1, 29D-20 and 29D-25 as follows:
 



    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)



    Sec. 26-1. Elements of the Offense. 

    (a) A person commits disorderly conduct when he knowingly:


        (1) Does any act in such unreasonable manner as to 
    alarm or disturb
another and to provoke a breach of the 
    peace; or


        (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 such transmission that there is no reasonable 
    ground for
believing that such fire exists; or


        (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 such place that its 
    explosion or release
would endanger human life, knowing at 
    the time of such transmission that there
is no reasonable 
    ground for believing that such bomb, explosive or a 
    container
holding poison gas, a deadly biological or 
    chemical contaminant, or radioactive
substance is 
    concealed in such place; or


        (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 such transmission that there is no reasonable ground for

    believing that such an offense will be committed, is being 
    committed, or has
been committed; or


        (5) Enters upon the property of another and for a lewd 
    or unlawful
purpose deliberately looks into a dwelling on 
    the property through any
window or other opening in it; or


        (6) While acting as a collection agency as defined in 
    the
"Collection Agency Act" or as an employee of such 
    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


        (7) Transmits or causes to be transmitted a false 
    report to the
Department of Children and Family Services 
    under Section 4 of the "Abused and
Neglected Child 
    Reporting Act"; or


        (8) Transmits or causes to be transmitted a false 
    report to the
Department of Public Health under the Nursing 
    Home Care Act; or


        (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 such 
    assistance is required; or


        (10) Transmits or causes to be transmitted a false 
    report under
Article II of "An Act in relation to victims 
    of violence and abuse",
approved September 16, 1984, as 
    amended; or


        (11) Transmits or causes to be transmitted a false 
    report to any public
safety agency without the reasonable 
    grounds necessary to believe that
transmitting such a 
    report is necessary for the safety and welfare of the

    public; or


        (12) Calls the number "911" for the purpose of making 
    or transmitting a
false alarm or 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.

    (b) Sentence.  A violation of subsection (a)(1) of this 
Section
is a Class C misdemeanor.  A violation of subsection 
(a)(5), (a)(11),
or (a)(12) 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)(4), (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.

    A violation of subsection (a)(6) 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), 
(a)(11), or (a)(12) of this Section is a Class
4 felony.  A 
third or subsequent violation of subsection (a)(5) of this 
Section
is a Class 4 felony.

    (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 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 search for a bomb 
or explosive device.  For the purposes of this Section, 
"emergency response" means any incident requiring a response by 
a police officer, a firefighter, a State Fire Marshal employee, 
or an ambulance. 
(Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; 
93-431, eff. 8-5-03.)

 



    (720 ILCS 5/29D-20)


    Sec. 29D-20. Making a terrorist threat. 

    (a) A person is guilty of making a terrorist threat when, 
with the
intent to intimidate or coerce a significant portion 
of a civilian population,
he or she in any manner knowingly 
threatens to commit
or threatens to cause the commission of a 
terrorist act as defined in
Section 29D-10(1) and thereby 
causes a
reasonable expectation or fear of the imminent 
commission of a terrorist act as
defined in Section 29D-10(1) 
or of another terrorist act as defined in Section
29D-10(1).

    (b) It is not a defense to a prosecution under this Section 
that at the
time the defendant made the terrorist threat, 
unknown to the defendant, it was
impossible to carry out the 
threat, nor is it a defense that the threat was not
made to a 
person who was a subject or intended victim of the threatened 
act.

    (c) Sentence. Making a terrorist threat is a Class X 
felony.

    (d) In addition to any other sentence that may be imposed, 
the court shall
order any person convicted of making a 
terrorist threat involving a threat that a bomb or explosive 
device has been placed in a school 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 
search for a bomb or explosive device.  For the purposes of this 
Section, "emergency response" means any incident requiring a 
response by a police officer, a firefighter, a State Fire 
Marshal employee, or an ambulance. 
(Source: P.A. 92-854, eff. 12-5-02.)

 



    (720 ILCS 5/29D-25)


    Sec. 29D-25. Falsely making a terrorist threat. 

    (a) A person is guilty of falsely making a terrorist threat

when in any manner he or she knowingly makes a threat to commit 
or cause to be
committed a terrorist act as defined in Section 
29D-10(1)
or otherwise knowingly creates the impression or 
belief that a terrorist act is
about to
be or has been 
committed, or in any manner knowingly makes a threat to commit

or cause to
be committed a catastrophe as defined in Section 
20.5-5 (720 ILCS 5/20.5-5) of
this Code which he or she knows 
is false.

    (b) Sentence. Falsely making a terrorist threat is a Class 
1
felony.

    (c) In addition to any other sentence that may be imposed, 
the court shall
order any person convicted of falsely making a 
terrorist threat, involving a threat that a bomb or explosive 
device has been placed in a school in which the offender knows 
that such bomb or explosive device was not placed in the 
school, 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 search for a bomb or explosive 
device.  For the purposes of this Section, "emergency response" 
means any incident requiring a response by a police officer, a 
firefighter, a  State Fire Marshal employee, or an ambulance. 
(Source: P.A. 92-854, eff. 12-5-02.)



 

    Section 99. Effective date. This Act takes effect upon 
becoming law.