|
|
Public Act 096-0772
|
| HB1105 Enrolled |
LRB096 05844 RLC 15924 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 |
Section 26-1 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; or .
|
(13) Transmits or causes to be transmitted a threat of |
|
destruction of a school building or school property, or a |
threat of violence, death, or bodily harm directed against |
persons at a school, school function, or school event, |
whether or not school is in session. |
(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), or (a)(13) 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, |