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92_HB3692
LRB9211013RCsb
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Purpose.
5 (1) The General Assembly finds and declares that:
6 (i) Sections 5 and 15 of Public Act 90-456,
7 approved August 17, 1997, amended the Emergency Telephone
8 System Act and the Criminal Code of 1961 with respect to
9 the crime of disorderly conduct. Public Act 90-456 also
10 contained other provisions.
11 (ii) On September 20, 2001, the Illinois Supreme
12 Court, in People v. Sypien, Docket No. 89265, ruled that
13 Public Act 90-456 violates the single-subject clause of
14 the Illinois Constitution (Article IV, Section 8 (d)) and
15 was unconstitutional in its entirety.
16 (iii) The issues addressed by the amendatory
17 changes to the Emergency Telephone System Act and the
18 Criminal Code of 1961 made by Public Act 90-456 are of
19 vital concern to the people of this State.
20 (2) It is the purpose of this Act to re-enact the
21 amendatory changes to the Emergency Telephone System Act and
22 the Criminal Code of 1961 made by Public Act 90-456, and to
23 make other changes in the Criminal Code of 1961. The material
24 originally contained in Public Act 90-456 is shown as
25 existing text (i.e., without underscoring).
26 Section 5. The Emergency Telephone System Act is amended
27 by re-enacting Section 15.2 as follows:
28 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
29 Sec. 15.2. Any person calling the number "911" for the
30 purpose of making a false alarm or complaint and reporting
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1 false information is subject to the provisions of Section
2 26-1 of the Criminal Code of 1961.
3 (Source: P.A. 90-456, eff. 1-1-98.)
4 Section 10. The Criminal Code of 1961 is amended by
5 re-enacting and changing Section 26-1 as follows:
6 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
7 (This Section contains provisions from P.A. 90-456, which
8 has been held unconstitutional)
9 Sec. 26-1. Elements of the Offense.
10 (a) A person commits disorderly conduct when he
11 knowingly:
12 (1) Does any act in such unreasonable manner as to
13 alarm or disturb another and to provoke a breach of the
14 peace; or
15 (2) (Blank); or Transmits or causes to be
16 transmitted in any manner to the fire department of any
17 city, town, village or fire protection district a false
18 alarm of fire, knowing at the time of such transmission
19 that there is no reasonable ground for believing that
20 such fire exists; or
21 (3) (Blank); or Transmits or causes to be
22 transmitted in any manner to another a false alarm to the
23 effect that a bomb or other explosive of any nature or a
24 container holding poison gas, a deadly biological or
25 chemical contaminant, or radioactive substance is
26 concealed in such place that its explosion or release
27 would endanger human life, knowing at the time of such
28 transmission that there is no reasonable ground for
29 believing that such bomb, explosive or a container
30 holding poison gas, a deadly biological or chemical
31 contaminant, or radioactive substance is concealed in
32 such place; or
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1 (4) (Blank); or Transmits or causes to be
2 transmitted in any manner to any peace officer, public
3 officer or public employee a report to the effect that an
4 offense will be committed, is being committed, or has
5 been committed, knowing at the time of such transmission
6 that there is no reasonable ground for believing that
7 such an offense will be committed, is being committed, or
8 has been committed; or
9 (5) Enters upon the property of another and for a
10 lewd or unlawful purpose deliberately looks into a
11 dwelling on the property through any window or other
12 opening in it; or
13 (6) While acting as a collection agency as defined
14 in the "Collection Agency Act" or as an employee of such
15 collection agency, and while attempting to collect an
16 alleged debt, makes a telephone call to the alleged
17 debtor which is designed to harass, annoy or intimidate
18 the alleged debtor; or
19 (7) Transmits or causes to be transmitted a false
20 report to the Department of Children and Family Services
21 under Section 4 of the "Abused and Neglected Child
22 Reporting Act"; or
23 (8) Transmits or causes to be transmitted a false
24 report to the Department of Public Health under the
25 Nursing Home Care Act; or
26 (9) (Blank); or Transmits or causes to be
27 transmitted in any manner to the police department or
28 fire department of any municipality or fire protection
29 district, or any privately owned and operated ambulance
30 service, a false request for an ambulance, emergency
31 medical technician-ambulance or emergency medical
32 technician-paramedic knowing at the time there is no
33 reasonable ground for believing that such assistance is
34 required; or
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1 (10) Transmits or causes to be transmitted a false
2 report under Article II of "An Act in relation to victims
3 of violence and abuse", approved September 16, 1984, as
4 amended; or
5 (11) (Blank); or Transmits or causes to be
6 transmitted a false report to any public safety agency
7 without the reasonable grounds necessary to believe that
8 transmitting such a report is necessary for the safety
9 and welfare of the public; or
10 (12) (Blank). Calls the number "911" for the
11 purpose of making or transmitting a false alarm or
12 complaint and reporting information when, at the time the
13 call or transmission is made, the person knows there is
14 no reasonable ground for making the call or transmission
15 and further knows that the call or transmission could
16 result in the emergency response of any public safety
17 agency.
18 (b) Sentence. A violation of subsection (a)(1) of
19 this Section is a Class C misdemeanor. A violation of
20 subsection (a)(5), or (a)(7), (a)(11), or (a)(12) of this
21 Section is a Class A misdemeanor. A violation of subsection
22 (a)(8) or (a)(10) of this Section is a Class B misdemeanor.
23 A violation of subsection (a)(2), (a)(4), or (a)(9) of this
24 Section is a Class 4 felony. A violation of subsection
25 (a)(3) of this Section is a Class 3 felony, for which a fine
26 of not less than $3,000 and no more than $10,000 shall be
27 assessed in addition to any other penalty imposed.
28 A violation of subsection (a)(6) of this Section is a
29 Business Offense and shall be punished by a fine not to
30 exceed $3,000. A second or subsequent violation of
31 subsection (a)(7), (a)(11), or (a)(12) of this Section is a
32 Class 4 felony. A third or subsequent violation of
33 subsection (a)(5) of this Section is 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. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00;
13 91-121, eff. 7-15-99; 92-16, eff. 6-28-01.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.