Illinois General Assembly

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Full Text of HB4642  97th General Assembly


Rep. Darlene J. Senger

Filed: 3/26/2012





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2    AMENDMENT NO. ______. Amend House Bill 4642 on page 8, line
313, by replacing "Section 1-2" with "Sections 1-2 and 2"; and
4on page 9, line 18, by inserting after "person" the following:
5"within one week by transmitting any comment, request,
6suggestion, or proposal which is obscene with an intent to
7offend"; and
8on page 11, by inserting immediately below line 3 the
10    "(720 ILCS 135/2)  (from Ch. 134, par. 16.5)
11    Sec. 2. Sentence.
12    (a) Except as provided in subsection (b), a person who
13violates any of the provisions of Section 1, 1-1, or 1-2, other
14than paragraph (4.1) of subsection (a) of Section 1-2, of this
15Act is guilty of a Class B misdemeanor. Except as provided in



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1subsection (b), a violation of paragraph (4.1) of subsection
2(a) of Section 1-2 is a Class A misdemeanor. Except as provided
3in subsection (b), a second or subsequent violation of Section
41, 1-1, or 1-2 of this Act is a Class A misdemeanor, for which
5the court shall impose a minimum of 14 days in jail or, if
6public or community service is established in the county in
7which the offender was convicted, 240 hours of public or
8community service.
9    (b) In any of the following circumstances, a person who
10violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
11a Class 4 felony:
12        (1) The person has 3 or more prior violations in the
13    last 10 years of harassment by telephone under Section 1-1
14    of this Act, harassment through electronic communications
15    under Section 1-2 of this Act, or any similar offense of
16    any state;
17        (2) The person has previously violated the harassment
18    by telephone provisions of Section 1-1 of this Act or the
19    harassment through electronic communications provisions of
20    Section 1-2 of this Act or committed any similar offense in
21    any state with the same victim or a member of the victim's
22    family or household;
23        (3) At the time of the offense, the offender was under
24    conditions of bail, probation, mandatory supervised
25    release or was the subject of an order of protection, in
26    this or any other state, prohibiting contact with the



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1    victim or any member of the victim's family or household;
2        (4) In the course of the offense, the offender
3    threatened to kill the victim or any member of the victim's
4    family or household;
5        (5) The person has been convicted in the last 10 years
6    of a forcible felony as defined in Section 2-8 of the
7    Criminal Code of 1961;
8        (6) The person violates paragraph (4.1) of Section 1-1
9    or paragraph (3.1) of subsection (a) of Section 1-2; or
10        (7) The person was at least 18 years of age at the time
11    of the commission of the offense and the victim was under
12    18 years of age at the time of the commission of the
13    offense.
14(Source: P.A. 95-984, eff. 6-1-09.)".