093_SB0319enr
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1 AN ACT concerning abuse and neglect.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Abused and Neglected Long Term Care
5 Facility Residents Reporting Act is amended by changing
6 Section 4 as follows:
7 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
8 Sec. 4. Any long term care facility administrator, agent
9 or employee or any physician, hospital, surgeon, dentist,
10 osteopath, chiropractor, podiatrist, Christian Science
11 practitioner, coroner, social worker, social services
12 administrator, registered nurse, law enforcement officer,
13 field personnel of the Illinois Department of Public Aid,
14 field personnel of the Illinois Department of Public Health
15 and County or Municipal Health Departments, personnel of the
16 Department of Human Services (acting as the successor to the
17 Department of Mental Health and Developmental Disabilities or
18 the Department of Public Aid), personnel of the Guardianship
19 and Advocacy Commission, personnel of the State Fire Marshal,
20 local fire department inspectors or other personnel, or
21 personnel of the Illinois Department on Aging, or its
22 subsidiary Agencies on Aging, or employee of a facility
23 licensed under the Assisted Living and Shared Housing Act,
24 having reasonable cause to believe any resident with whom
25 they have direct contact has been subjected to abuse or
26 neglect shall immediately report or cause a report to be made
27 to the Department. Persons required to make reports or cause
28 reports to be made under this Section include all employees
29 of the State of Illinois who are involved in providing
30 services to residents, including professionals providing
31 medical or rehabilitation services and all other persons
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1 having direct contact with residents; and further include all
2 employees of community service agencies who provide services
3 to a resident of a public or private long term care facility
4 outside of that facility. Any long term care surveyor of the
5 Illinois Department of Public Health who has reasonable cause
6 to believe in the course of a survey that a resident has been
7 abused or neglected and initiates an investigation while on
8 site at the facility shall be exempt from making a report
9 under this Section but the results of any such investigation
10 shall be forwarded to the central register in a manner and
11 form described by the Department.
12 The requirement of this Act shall not relieve any long
13 term care facility administrator, agent or employee of
14 responsibility to report the abuse or neglect of a resident
15 under Section 3-610 of the Nursing Home Care Act.
16 In addition to the above persons required to report
17 suspected resident abuse and neglect, any other person may
18 make a report to the Department, or to any law enforcement
19 officer, if such person has reasonable cause to suspect a
20 resident has been abused or neglected.
21 This Section also applies to residents whose death occurs
22 from suspected abuse or neglect before being found or brought
23 to a hospital.
24 A person required to make reports or cause reports to be
25 made under this Section who fails to comply with the
26 requirements of this Section is guilty of a Class A
27 misdemeanor. A person who is required to make reports or
28 cause reports to be made under this Section who suffers
29 damages as a result of making or causing to be made a report
30 of a violation committed by a licensee or its agents or
31 employees may bring an action against the licensee and its
32 agents and employees.
33 A person who knowingly transmits or causes to be
34 transmitted a false report to the Department commits the
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1 offense of disorderly conduct under item (8.5) of subsection
2 (a) of Section 26-1 of the Criminal Code of 1961. For the
3 purposes of this paragraph, "person" does not include a
4 resident.
5 (Source: P.A. 91-656, eff. 1-1-01.)
6 Section 5. The Nursing Home Care Act is amended by
7 changing Sections 3-608 and 3-702 as follows:
8 (210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
9 Sec. 3-608. Discrimination; private right of action. A
10 licensee or its agents or employees shall not transfer,
11 discharge, evict, harass, dismiss, or retaliate against a
12 resident, a resident's representative, or an employee or
13 agent who makes a report under Section 2-107, brings or
14 testifies in an action under Sections 3-601 through 3-607, or
15 files a complaint under Section 3-702, because of the report,
16 testimony, or complaint.
17 A person who suffers damages as a result of a violation
18 of this Section committed by the licensee or its agents or
19 employees may bring an action against the licensee or its
20 agents or employees.
21 (Source: P.A. 81-223.)
22 (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
23 Sec. 3-702. (a) A person who believes that this Act or a
24 rule promulgated under this Act may have been violated may
25 request an investigation. The request may be submitted to the
26 Department in writing, by telephone, or by personal visit. An
27 oral complaint shall be reduced to writing by the Department.
28 The Department shall request information identifying the
29 complainant, including the name, address and telephone
30 number, to help enable appropriate follow-up. The Department
31 shall act on such complaints via on-site visits or other
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1 methods deemed appropriate to handle the complaints with or
2 without such identifying information, as otherwise provided
3 under this Section. Nothing in this Section requires an
4 investigation to include an on-site visit. The complainant
5 shall be informed that compliance with such request is not
6 required to satisfy the procedures for filing a complaint
7 under this Act.
8 (b) The substance of the complaint shall be provided in
9 writing to the licensee, owner or administrator no earlier
10 than at the commencement of an on-site inspection of the
11 facility which takes place pursuant to the complaint.
12 (c) The Department shall not disclose the name of the
13 complainant unless the complainant consents in writing to the
14 disclosure or the investigation results in a judicial
15 proceeding, or unless disclosure is essential to the
16 investigation. The complainant shall be given the opportunity
17 to withdraw the complaint before disclosure. Upon the request
18 of the complainant, the Department may permit the complainant
19 or a representative of the complainant to accompany the
20 person making the on-site inspection of the facility.
21 (d) Upon receipt of a complaint, the Department shall
22 determine whether this Act or a rule promulgated under this
23 Act has been or is being violated. Upon receipt of a
24 complaint alleging abuse or neglect of a resident, the
25 Department shall conduct an initial investigation and make an
26 initial determination whether the report is a good faith
27 indication of alleged abuse or neglect. If the Department
28 determines the report is a good faith indication of alleged
29 abuse or neglect, a formal investigation shall commence. The
30 Department shall investigate all reports of alleged abuse or
31 neglect made in good faith complaints alleging abuse or
32 neglect that within 7 days after the receipt of the complaint
33 except that complaints of abuse or neglect which indicate
34 that a resident's life or safety is in imminent danger shall
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1 be investigated within 24 hours after receipt of the
2 complaint. Complaints alleging immediate jeopardy to a
3 resident's health or safety shall be investigated within 2
4 working days after receipt of the complaint. All other
5 complaints shall be investigated within 30 days after the
6 receipt of the complaint. The Department employees
7 investigating a complaint shall conduct a brief, informal
8 exit conference with the facility to alert its administration
9 of any suspected serious deficiency that poses a direct
10 threat to the health, safety or welfare of a resident to
11 enable an immediate correction for the alleviation or
12 elimination of such threat. Such information and findings
13 discussed in the brief exit conference shall become a part of
14 the investigating record but shall not in any way constitute
15 an official or final notice of violation as provided under
16 Section 3-301. All complaints shall be classified as "an
17 invalid report", "a valid report", or "an undetermined
18 report". For any complaint classified as "a valid report",
19 the Department must determine within 30 working days if any
20 rule or provision of this Act has been or is being violated.
21 The Department may extend the period in which such
22 determinations must be made in individual cases for
23 additional periods of up to 30 days each for good cause
24 shown. The Department shall by rule establish what shall
25 constitute good cause.
26 (d-1) The Department shall, whenever possible, combine
27 an on-site investigation of a complaint in a facility with
28 other inspections in order to avoid duplication of
29 inspections.
30 (e) In all cases, the Department shall inform the
31 complainant of its findings within 10 days of its
32 determination unless otherwise indicated by the complainant,
33 and the complainant may direct the Department to send a copy
34 of such findings to another person. The Department's findings
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1 may include comments or documentation provided by either the
2 complainant or the licensee pertaining to the complaint. The
3 Department shall also notify the facility of such findings
4 within 10 days of the determination, but the name of the
5 complainant or residents shall not be disclosed in this
6 notice to the facility. The notice of such findings shall
7 include a copy of the written determination; the correction
8 order, if any; the warning notice, if any; the inspection
9 report; or the State licensure form on which the violation is
10 listed.
11 (f) A written determination, correction order, or
12 warning notice concerning a complaint, together with the
13 facility's response, shall be available for public
14 inspection, but the name of the complainant or resident shall
15 not be disclosed without his consent.
16 (g) A complainant who is dissatisfied with the
17 determination or investigation by the Department may request
18 a hearing under Section 3-703. The facility shall be given
19 notice of any such hearing and may participate in the hearing
20 as a party. If a facility requests a hearing under Section
21 3-703 which concerns a matter covered by a complaint, the
22 complainant shall be given notice and may participate in the
23 hearing as a party. A request for a hearing by either a
24 complainant or a facility shall be submitted in writing to
25 the Department within 30 days after the mailing of the
26 Department's findings as described in subsection (e) of this
27 Section. Upon receipt of the request the Department shall
28 conduct a hearing as provided under Section 3-703.
29 (h) Any person who knowingly transmits a false report to
30 the Department commits the offense of disorderly conduct
31 under subsection (a)(8) of Section 26-1 of the "Criminal Code
32 of 1961".
33 (Source: P.A. 85-1378.)
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1 Section 10. The Elder Abuse and Neglect Act is amended
2 by changing Sections 2, 4, and 4.1 as follows:
3 (320 ILCS 20/2) (from Ch. 23, par. 6602)
4 Sec. 2. Definitions. As used in this Act, unless the
5 context requires otherwise:
6 (a) "Abuse" means causing any physical, mental or sexual
7 injury to an eligible adult, including exploitation of such
8 adult's financial resources.
9 Nothing in this Act shall be construed to mean that an
10 eligible adult is a victim of abuse or neglect for the sole
11 reason that he or she is being furnished with or relies upon
12 treatment by spiritual means through prayer alone, in
13 accordance with the tenets and practices of a recognized
14 church or religious denomination.
15 Nothing in this Act shall be construed to mean that an
16 eligible adult is a victim of abuse because of health care
17 services provided or not provided by licensed health care
18 professionals.
19 (a-5) "Abuser" means a person who abuses, neglects, or
20 financially exploits an eligible adult.
21 (a-7) "Caregiver" means a person who either as a result
22 of a family relationship, voluntarily, or in exchange for
23 compensation has assumed responsibility for all or a portion
24 of the care of an eligible adult who needs assistance with
25 activities of daily living.
26 (b) "Department" means the Department on Aging of the
27 State of Illinois.
28 (c) "Director" means the Director of the Department.
29 (d) "Domestic living situation" means a residence where
30 the eligible adult lives alone or with his or her family or a
31 caregiver, or others, or a board and care home or other
32 community-based unlicensed facility, but is not:
33 (1) A licensed facility as defined in Section 1-113
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1 of the Nursing Home Care Act;
2 (2) A "life care facility" as defined in the Life
3 Care Facilities Act;
4 (3) A home, institution, or other place operated by
5 the federal government or agency thereof or by the State
6 of Illinois;
7 (4) A hospital, sanitarium, or other institution,
8 the principal activity or business of which is the
9 diagnosis, care, and treatment of human illness through
10 the maintenance and operation of organized facilities
11 therefor, which is required to be licensed under the
12 Hospital Licensing Act;
13 (5) A "community living facility" as defined in the
14 Community Living Facilities Licensing Act;
15 (6) A "community residential alternative" as
16 defined in the Community Residential Alternatives
17 Licensing Act; and
18 (7) A "community-integrated living arrangement" as
19 defined in the Community-Integrated Living Arrangements
20 Licensure and Certification Act.
21 (e) "Eligible adult" means a person 60 years of age or
22 older who resides in a domestic living situation and is, or
23 is alleged to be, abused, neglected, or financially exploited
24 by another individual.
25 (f) "Emergency" means a situation in which an eligible
26 adult is living in conditions presenting a risk of death or
27 physical, mental or sexual injury and the provider agency has
28 reason to believe the eligible adult is unable to consent to
29 services which would alleviate that risk.
30 (f-5) "Mandated reporter" means any of the following
31 persons while engaged in carrying out their professional
32 duties:
33 (1) a professional or professional's delegate while
34 engaged in: (i) social services, (ii) law enforcement,
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1 (iii) education, (iv) the care of an eligible adult or
2 eligible adults, or (v) any of the occupations required
3 to be licensed under the Clinical Psychologist Licensing
4 Act, the Clinical Social Work and Social Work Practice
5 Act, the Illinois Dental Practice Act, the Dietetic and
6 Nutrition Services Practice Act, the Marriage and Family
7 Therapy Licensing Act, the Medical Practice Act of 1987,
8 the Naprapathic Practice Act, the Nursing and Advanced
9 Practice Nursing Act, the Nursing Home Administrators
10 Licensing and Disciplinary Act, the Illinois Occupational
11 Therapy Practice Act, the Illinois Optometric Practice
12 Act of 1987, the Pharmacy Practice Act of 1987, the
13 Illinois Physical Therapy Act, the Physician Assistant
14 Practice Act of 1987, the Podiatric Medical Practice Act
15 of 1987, the Respiratory Care Practice Act, the
16 Professional Counselor and Clinical Professional
17 Counselor Licensing Act, the Illinois Speech-Language
18 Pathology and Audiology Practice Act, the Veterinary
19 Medicine and Surgery Practice Act of 1994, and the
20 Illinois Public Accounting Act;
21 (2) an employee of a vocational rehabilitation
22 facility prescribed or supervised by the Department of
23 Human Services;
24 (3) an administrator, employee, or person providing
25 services in or through an unlicensed community based
26 facility;
27 (4) (blank) a Christian Science Practitioner;
28 (5) field personnel of the Department of Public
29 Aid, Department of Public Health, and Department of Human
30 Services, and any county or municipal health department;
31 (6) personnel of the Department of Human Services,
32 the Guardianship and Advocacy Commission, the State Fire
33 Marshal, local fire departments, the Department on Aging
34 and its subsidiary Area Agencies on Aging and provider
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1 agencies, and the Office of State Long Term Care
2 Ombudsman;
3 (7) any employee of the State of Illinois not
4 otherwise specified herein who is involved in providing
5 services to eligible adults, including professionals
6 providing medical or rehabilitation services and all
7 other persons having direct contact with eligible adults;
8 or
9 (8) a person who performs the duties of a coroner
10 or medical examiner.
11 (g) "Neglect" means another individual's failure to
12 provide an eligible adult with or willful withholding from an
13 eligible adult the necessities of life including, but not
14 limited to, food, clothing, shelter or medical care. This
15 subsection does not create any new affirmative duty to
16 provide support to eligible adults. Nothing in this Act
17 shall be construed to mean that an eligible adult is a victim
18 of neglect because of health care services provided or not
19 provided by licensed health care professionals.
20 (h) "Provider agency" means any public or nonprofit
21 agency in a planning and service area appointed by the
22 regional administrative agency with prior approval by the
23 Department on Aging to receive and assess reports of alleged
24 or suspected abuse, neglect, or financial exploitation.
25 (i) "Regional administrative agency" means any public or
26 nonprofit agency in a planning and service area so designated
27 by the Department, provided that the designated Area Agency
28 on Aging shall be designated the regional administrative
29 agency if it so requests. The Department shall assume the
30 functions of the regional administrative agency for any
31 planning and service area where another agency is not so
32 designated.
33 (j) "Substantiated case" means a reported case of
34 alleged or suspected abuse, neglect, or financial
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1 exploitation in which a provider agency, after assessment,
2 determines that there is reason to believe abuse, neglect, or
3 financial exploitation has occurred.
4 (Source: P.A. 91-259, eff. 1-1-00; 91-357, eff. 7-29-99;
5 91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)
6 (320 ILCS 20/4) (from Ch. 23, par. 6604)
7 Sec. 4. Reports of abuse or neglect.
8 (a) Any person who suspects the abuse, neglect, or
9 financial exploitation of an eligible adult may report this
10 suspicion to an agency designated to receive such reports
11 under this Act or to the Department.
12 (a-5) If any mandated reporter has reason to believe
13 that an eligible adult, who because of dysfunction is unable
14 to seek assistance for himself or herself, has, within the
15 previous 12 months, been subjected to abuse, neglect, or
16 financial exploitation, the mandated reporter shall, within
17 24 hours after developing such belief, report this suspicion
18 to an agency designated to receive such reports under this
19 Act or to the Department. Whenever a mandated reporter is
20 required to report under this Act in his or her capacity as a
21 member of the staff of a medical or other public or private
22 institution, facility, board and care home, or agency, he or
23 she shall make a report to an agency designated to receive
24 such reports under this Act or to the Department in
25 accordance with the provisions of this Act and may also
26 notify the person in charge of the institution, facility,
27 board and care home, or agency or his or her designated agent
28 that the report has been made. Under no circumstances shall
29 any person in charge of such institution, facility, board and
30 care home, or agency, or his or her designated agent to whom
31 the notification has been made, exercise any control,
32 restraint, modification, or other change in the report or the
33 forwarding of the report to an agency designated to receive
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1 such reports under this Act or to the Department. The
2 privileged quality of communication between any professional
3 person required to report and his or her patient or client
4 shall not apply to situations involving abused, neglected, or
5 financially exploited eligible adults and shall not
6 constitute grounds for failure to report as required by this
7 Act.
8 (a-7) A person making a report under this Act in the
9 belief that it is in the alleged victim's best interest shall
10 be immune from criminal or civil liability or professional
11 disciplinary action on account of making the report,
12 notwithstanding any requirements concerning the
13 confidentiality of information with respect to such eligible
14 adult which might otherwise be applicable.
15 (a-9) Law enforcement officers shall continue to report
16 incidents of alleged abuse pursuant to the Illinois Domestic
17 Violence Act of 1986, notwithstanding any requirements under
18 this Act.
19 (b) Any person, institution or agency participating in
20 the making of a report, providing information or records
21 related to a report, assessment, or services, or
22 participating in the investigation of a report under this Act
23 in good faith, or taking photographs or x-rays as a result of
24 an authorized assessment, shall have immunity from any civil,
25 criminal or other liability in any civil, criminal or other
26 proceeding brought in consequence of making such report or
27 assessment or on account of submitting or otherwise
28 disclosing such photographs or x-rays to any agency
29 designated to receive reports of alleged or suspected abuse
30 or neglect. Any person, institution or agency authorized by
31 the Department to provide assessment, intervention, or
32 administrative services under this Act shall, in the good
33 faith performance of those services, have immunity from any
34 civil, criminal or other liability in any civil, criminal, or
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1 other proceeding brought as a consequence of the performance
2 of those services. For the purposes of any civil, criminal,
3 or other proceeding, the good faith of any person required to
4 report, permitted to report, or participating in an
5 investigation of a report of alleged or suspected abuse,
6 neglect, or financial exploitation shall be presumed.
7 (c) The identity of a person making a report of alleged
8 or suspected abuse or neglect under this Act may be disclosed
9 by the Department or other agency provided for in this Act
10 only with such person's written consent or by court order.
11 (d) The Department shall by rule establish a system for
12 filing and compiling reports made under this Act.
13 (e) A person who knowingly transmits or causes to be
14 transmitted a false report to the Department commits the
15 offense of disorderly conduct under item (8.6) of subsection
16 (a) of Section 26-1 of the Criminal Code of 1961. For the
17 purposes of this subsection, "person" does not include the
18 subject of the report.
19 (Source: P.A. 90-628, eff. 1-1-99.)
20 (320 ILCS 20/4.1)
21 Sec. 4.1. Employer discrimination; private right of
22 action. No employer shall discharge, demote or suspend, or
23 threaten to discharge, demote or suspend, or in any manner
24 discriminate against any employee who makes any good faith
25 oral or written report of suspected elder abuse, neglect, or
26 financial exploitation or who is or will be a witness or
27 testify in any investigation or proceeding concerning a
28 report of suspected elder abuse, neglect, or financial
29 exploitation.
30 A person who suffers damages as a result of a violation
31 of this Section committed by an employer may bring an action
32 against the employer.
33 (Source: P.A. 90-628, eff. 1-1-99.)
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1 Section 15. The Criminal Code of 1961 is amended by
2 changing Section 26-1 as follows:
3 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
4 Sec. 26-1. Elements of the Offense.
5 (a) A person commits disorderly conduct when he
6 knowingly:
7 (1) Does any act in such unreasonable manner as to
8 alarm or disturb another and to provoke a breach of the
9 peace; or
10 (2) Transmits or causes to be transmitted in any
11 manner to the fire department of any city, town, village
12 or fire protection district a false alarm of fire,
13 knowing at the time of such transmission that there is no
14 reasonable ground for believing that such fire exists; or
15 (3) Transmits or causes to be transmitted in any
16 manner to another a false alarm to the effect that a bomb
17 or other explosive of any nature or a container holding
18 poison gas, a deadly biological or chemical contaminant,
19 or radioactive substance is concealed in such place that
20 its explosion or release would endanger human life,
21 knowing at the time of such transmission that there is no
22 reasonable ground for believing that such bomb, explosive
23 or a container holding poison gas, a deadly biological or
24 chemical contaminant, or radioactive substance is
25 concealed in such place; or
26 (4) Transmits or causes to be transmitted in any
27 manner to any peace officer, public officer or public
28 employee a report to the effect that an offense will be
29 committed, is being committed, or has been committed,
30 knowing at the time of such transmission that there is no
31 reasonable ground for believing that such an offense will
32 be committed, is being committed, or has been committed;
33 or
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1 (5) Enters upon the property of another and for a
2 lewd or unlawful purpose deliberately looks into a
3 dwelling on the property through any window or other
4 opening in it; or
5 (6) While acting as a collection agency as defined
6 in the "Collection Agency Act" or as an employee of such
7 collection agency, and while attempting to collect an
8 alleged debt, makes a telephone call to the alleged
9 debtor which is designed to harass, annoy or intimidate
10 the alleged debtor; or
11 (7) Transmits or causes to be transmitted a false
12 report to the Department of Children and Family Services
13 under Section 4 of the "Abused and Neglected Child
14 Reporting Act"; or
15 (8) Transmits or causes to be transmitted a false
16 report to the Department of Public Health under the
17 Nursing Home Care Act; or
18 (8.5) Transmits or causes to be transmitted a false
19 report to the Department of Public Health under the
20 Abused and Neglected Long Term Care Facility Residents
21 Reporting Act; or
22 (8.6) Transmits or causes to be transmitted a false
23 report to the Department on Aging under the Elder Abuse
24 and Neglect Act; or
25 (9) Transmits or causes to be transmitted in any
26 manner to the police department or fire department of any
27 municipality or fire protection district, or any
28 privately owned and operated ambulance service, a false
29 request for an ambulance, emergency medical
30 technician-ambulance or emergency medical
31 technician-paramedic knowing at the time there is no
32 reasonable ground for believing that such assistance is
33 required; or
34 (10) Transmits or causes to be transmitted a false
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1 report under Article II of "An Act in relation to victims
2 of violence and abuse", approved September 16, 1984, as
3 amended; or
4 (11) Transmits or causes to be transmitted a false
5 report to any public safety agency without the reasonable
6 grounds necessary to believe that transmitting such a
7 report is necessary for the safety and welfare of the
8 public; or
9 (12) Calls the number "911" for the purpose of
10 making or transmitting a false alarm or complaint and
11 reporting information when, at the time the call or
12 transmission is made, the person knows there is no
13 reasonable ground for making the call or transmission and
14 further knows that the call or transmission could result
15 in the emergency response of any public safety agency.
16 (b) Sentence. A violation of subsection (a)(1) of this
17 Section is a Class C misdemeanor. A violation of subsection
18 (a)(5), (a)(7), (a)(8), (a)(8.5), (a)(8.6), (a)(11), or
19 (a)(12) of this Section is a Class A misdemeanor. A
20 violation of subsection (a)(8) or (a)(10) of this Section is
21 a Class B misdemeanor. A violation of subsection (a)(2),
22 (a)(4), or (a)(9) of this Section is a Class 4 felony. A
23 violation of subsection (a)(3) of this Section is a Class 3
24 felony, for which a fine of not less than $3,000 and no more
25 than $10,000 shall be assessed in addition to any other
26 penalty imposed.
27 A violation of subsection (a)(6) of this Section is a
28 Business Offense and shall be punished by a fine not to
29 exceed $3,000. A second or subsequent violation of
30 subsection (a)(7), (a)(8), (a)(8.5), (a)(8.6), (a)(11), or
31 (a)(12) of this Section is a Class 4 felony. A third or
32 subsequent violation of subsection (a)(5) of this Section is
33 a Class 4 felony.
34 (c) In addition to any other sentence that may be
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1 imposed, a court shall order any person convicted of
2 disorderly conduct to perform community service for not less
3 than 30 and not more than 120 hours, if community service is
4 available in the jurisdiction and is funded and approved by
5 the county board of the county where the offense was
6 committed. In addition, whenever any person is placed on
7 supervision for an alleged offense under this Section, the
8 supervision shall be conditioned upon the performance of the
9 community service.
10 This subsection does not apply when the court imposes a
11 sentence of incarceration.
12 (Source: P.A. 91-115, eff. 1-1-00; 91-121, eff. 7-15-99;
13 92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)