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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 001 ]|
90_HB0172sam001 LRB9000290RCksam01 1 AMENDMENT TO HOUSE BILL 172 2 AMENDMENT NO. . Amend House Bill 172 by replacing 3 the title with the following: 4 "AN ACT in relation to criminal law."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Emergency Telephone System Act is 8 amended by changing Section 15.2 as follows: 9 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2) 10 Sec. 15.2. Any person calling the number "911" for the 11 purpose of making a false alarm or complaint and reporting 12 false information is subject to the provisions of Section 13 26-1 of the Criminal Code of 1961.
Any person calling the14 number "911" for the purpose of making a false alarm or15 complaint and reporting false information which could result16 in the emergency response of any public safety agency shall17 be guilty of a Class B misdemeanor. Second and subsequent18 violations of this Section shall be a Class A misdemeanor.19 (Source: P.A. 85-1209.) 20 Section 10. The Juvenile Court Act of 1987 is amended by -2- LRB9000290RCksam01 1 changing Section 2-14 as follows: 2 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14) 3 Sec. 2-14. Date for Adjudicatory Hearing. 4 (a) Purpose and policy. The legislature recognizes that 5 serious delay in the adjudication of abuse, neglect, or 6 dependency cases can cause grave harm to the minor and the 7 family and that it frustrates the best interests of the minor 8 and the effort to establish permanent homes for children in 9 need. The purpose of this Section is to insure that, 10 consistent with the federal Adoption Assistance and Child 11 Welfare Act of 1980, Public Law 96-272, as amended, and the 12 intent of this Act, the State of Illinois will act in a just 13 and speedy manner to determine the best interests of the 14 minor, including providing for the safety of the minor, 15 identifying families in need, reunifying families where it is 16 in the best interests of the minor, and, if reunification is 17 not in the best interests of the minor, finding another 18 permanent home for the minor. 19 (b) When a petition is filed alleging that the minor is 20 abused, neglected or dependent, an adjudicatory hearing shall 21 be commenced heldwithin 90 days of the date of service of 22 process upon the minor, parents, any guardian and any legal 23 custodian. Once commenced, subsequent delay in the 24 proceedings may be allowed by the court when necessary to 25 ensure a fair hearing. 26 (c) Upon written motion of a party filed no later than 27 10 days prior to hearing, or upon the court's own motion and 28 only for good cause shown, the Court may continue the hearing 29 for a period not to exceed 30 days, and only if the 30 continuance is in the best interests of the minor. When the 31 court grants a continuance, it shall enter specific factual 32 findings to support its order, including factual findings 33 supporting the court's determination that the continuance is -3- LRB9000290RCksam01 1 in the best interests of the minor. Only one such continuance 2 shall be granted. A period of continuance for good cause as 3 described in this Section shall temporarily suspend as to all 4 parties, for the time of the delay, the period within which a 5 hearing must be held. On the day of the expiration of the 6 delay, the period shall continue at the point at which it was 7 suspended. 8 The term "good cause" as applied in this Section shall be 9 strictly construed and be in accordance with Supreme Court 10 Rule 231 (a) through (f). Neither stipulation by counsel nor 11 the convenience of any party constitutes good cause. If the 12 adjudicatory hearing is not heard within the time limits 13 required by subsection (b) or (c) of this Section, upon 14 motion by any party the petition shall be dismissed without 15 prejudice. 16 (d) The time limits of this Section may be waived only 17 by consent of all parties and approval by the court. 18 (e) For all cases filed before July 1, 1991, an 19 adjudicatory hearing must, be held within 180 days of July 1, 20 1991. 21 (Source: P.A. 88-7.) 22 Section 15. The Criminal Code of 1961 is amended by 23 changing Section 26-1 as follows: 24 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 25 Sec. 26-1. Elements of the Offense. 26 (a) A person commits disorderly conduct when he 27 knowingly: 28 (1) Does any act in such unreasonable manner as to 29 alarm or disturb another and to provoke a breach of the 30 peace; or 31 (2) Transmits or causes to be transmitted in any 32 manner to the fire department of any city, town, village -4- LRB9000290RCksam01 1 or fire protection district a false alarm of fire, 2 knowing at the time of such transmission that there is no 3 reasonable ground for believing that such fire exists; or 4 (3) Transmits or causes to be transmitted in any 5 manner to another a false alarm to the effect that a bomb 6 or other explosive of any nature is concealed in such 7 place that its explosion would endanger human life, 8 knowing at the time of such transmission that there is no 9 reasonable ground for believing that such bomb or 10 explosive is concealed in such place; or 11 (4) Transmits or causes to be transmitted in any 12 manner to any peace officer, public officer or public 13 employee a report to the effect that an offense will be 14 committed, is being committed, or has been committed, 15 knowing at the time of such transmission that there is no 16 reasonable ground for believing that such an offense will 17 be committed, is being committed, or has been committed; 18 or 19 (5) Enters upon the property of another and for a 20 lewd or unlawful purpose deliberately looks into a 21 dwelling on the property through any window or other 22 opening in it; or 23 (6) While acting as a collection agency as defined 24 in the "Collection Agency Act" or as an employee of such 25 collection agency, and while attempting to collect an 26 alleged debt, makes a telephone call to the alleged 27 debtor which is designed to harass, annoy or intimidate 28 the alleged debtor; or 29 (7) Transmits or causes to be transmitted a false 30 report to the Department of Children and Family Services 31 under Section 4 of the "Abused and Neglected Child 32 Reporting Act"; or 33 (8) Transmits or causes to be transmitted a false 34 report to the Department of Public Health under the -5- LRB9000290RCksam01 1 Nursing Home Care Act; or 2 (9) Transmits or causes to be transmitted in any 3 manner to the police department or fire department of any 4 municipality or fire protection district, or any 5 privately owned and operated ambulance service, a false 6 request for an ambulance, emergency medical 7 technician-ambulance or emergency medical 8 technician-paramedic knowing at the time there is no 9 reasonable ground for believing that such assistance is 10 required; or 11 (10) Transmits or causes to be transmitted a false 12 report under Article II of "An Act in relation to victims 13 of violence and abuse", approved September 16, 1984, as 14 amended; or .15 (11) Transmits or causes to be transmitted a false 16 report to any public safety agency without the reasonable 17 grounds necessary to believe that transmitting such a 18 report is necessary for the safety and welfare of the 19 public; or 20 (12) Calls the number "911" for the purpose of 21 making or transmitting a false alarm or complaint and 22 reporting information when, at the time the call or 23 transmission is made, the person knows there is no 24 reasonable ground for making the call or transmission and 25 further knows that the call or transmission could result 26 in the emergency response of any public safety agency. 27 (b) Sentence. 28 (1) A violation of subsection (a) (1) of this Section is 29 a Class C misdemeanor. A violation of subsection (a) (7), 30 (a)(11), or (a)(12) or (a) (9)of this Section is a Class A 31 misdemeanor. A violation of subsection (a) (4),(a) (5), (a) 32 (8) or (a) (10) of this Section is a Class B misdemeanor. A 33 violation of subsection (a) (2), or(a) (3), (a)(4), or 34 (a)(9) of this Section is a Class 4 felony. -6- LRB9000290RCksam01 1 A violation of subsection (a) (6) of this Section is a 2 Business Offense and shall be punished by a fine not to 3 exceed $3,000. A second or subsequent violation of subsection 4 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4 5 felony. 6 (c) In addition to any other sentence that may be 7 imposed, a court shall order any person convicted of 8 disorderly conduct to perform community service for not less 9 than 30 and not more than 120 hours, if community service is 10 available in the jurisdiction and is funded and approved by 11 the county board of the county where the offense was 12 committed. In addition, whenever any person is placed on 13 supervision for an alleged offense under this Section, the 14 supervision shall be conditioned upon the performance of the 15 community service. 16 This subsection does not apply when the court imposes a 17 sentence of incarceration. 18 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.) 19 Section 20. The Code of Criminal Procedure of 1963 is 20 amended by changing Section 108-8 as follows: 21 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8) 22 Sec. 108-8. Use of force in execution of search warrant. 23 (a) All necessary and reasonable force may be used to 24 effect an entry into any building or property or part thereof 25 to execute a search warrant. 26 (b) The court issuing a warrant may authorize the 27 officer executing the warrant to make entry without first 28 knocking and announcing his or her office if it finds, based 29 upon a showing of specific facts, the existence of the 30 following exigent circumstances: 31 (1) That the officer reasonably believes that if 32 notice were given a weapon would be used: -7- LRB9000290RCksam01 1 (i) against the officer executing the search 2 warrant; or 3 (ii) against another person. 4 (2) That if notice were given there is an imminent 5 "danger" that evidence will be destroyed. 6 Upon a finding by the judge issuing the warrant that any of7 the following exigent circumstances exist, the judge may8 order the person executing the warrant to make entry without9 first knocking and announcing his office:10 (1) the presence of firearms or explosives in the11 building in an area where they are accessible to any12 occupant;13 (2) the prior possession of firearms by an occupant of14 the building within a reasonable period of time;15 (3) the presence of surveillance equipment, such as16 video cameras, or alarm systems, inside or outside of the17 building;18 (4) the presence of steel doors, wooden planking,19 crossbars, dogs, or other similar means of preventing or20 impeding entry into the building.21 (Source: P.A. 87-522; 87-895.)".
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