Public Act 097-0219
 
SB0064 EnrolledLRB097 02748 RLC 42770 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 17-2 and 32-5 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 Reserve
 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.

    (a-7) A person commits a false personation when he or she 
knowingly and falsely represents himself or herself to be:
        (1) 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
        (2) 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.
    (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.

    (b-10) No person may use, in the title of any organization,

magazine, or other publication, the words "officer", "peace

officer", "police", "law enforcement", "trooper", "sheriff",

"deputy", "deputy sheriff", or "state police" 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, or unit of local 
government.

    (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), 
(b-5), or (b-10)
of
this Section is a Class C misdemeanor.  
False personation in violation of
subsections (a-5), (a-7), 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.
    (e) A violation 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. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)

 



    (720 ILCS 5/32-5)  (from Ch. 38, par. 32-5)

    Sec. 32-5. False
personation of attorney, judicial, or 
governmental officials.
    (a) A person who falsely represents himself or herself to 
be an attorney
authorized to practice law for purposes of 
compensation or consideration
commits a Class 4 felony.  This 
subsection (a) does not apply to a person who
unintentionally 
fails to pay attorney registration fees established by Supreme

Court Rule.

    (b) A person who falsely represents himself or herself to 
be a public
officer or a public employee or an official or 
employee of the federal government commits a Class A


misdemeanor. If the false representation is made in furtherance 
of the commission of a felony, the penalty for a violation of 
this subsection (b) is a Class 4 felony. 
    (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 
    employee of the federal government and is acting with 
    approval or authority of a public agency or department.

    (c)  A person who falsely represents himself or herself to 
be a public
officer or a public employee commits a Class 4 
felony if that false representation was for the purpose of 
effectuating identity theft as defined in Section 16G-15 of 
this Code.

(Source: P.A. 94-985, eff. 1-1-07; 95-324, eff. 1-1-08; 95-625, 
eff. 6-1-08; 95-876, eff. 8-21-08.)