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Public Act 101-0238


 

Public Act 0238 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0238
 
HB1579 EnrolledLRB101 05548 RLC 50564 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 Juvenile Court Act of 1987 is amended by
changing Section 5-705 as follows:
 
    (705 ILCS 405/5-705)
    Sec. 5-705. Sentencing hearing; evidence; continuance.
    (1) In this subsection (1), "violent crime" has the same
meaning ascribed to the term in subsection (c) of Section 3 of
the Rights of Crime Victims and Witnesses Act. At the
sentencing hearing, the court shall determine whether it is in
the best interests of the minor or the public that he or she be
made a ward of the court, and, if he or she is to be made a ward
of the court, the court shall determine the proper disposition
best serving the interests of the minor and the public. All
evidence helpful in determining these questions, including
oral and written reports, may be admitted and may be relied
upon to the extent of its probative value, even though not
competent for the purposes of the trial. A crime victim shall
be allowed to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and as provided in Section 6 of the Rights of
Crime Victims and Witnesses Act, in any case in which: (a) a
juvenile has been adjudicated delinquent for a violent crime
after a bench or jury trial; or (b) the petition alleged the
commission of a violent crime and the juvenile has been
adjudicated delinquent under a plea agreement of a crime that
is not a violent crime. The court shall allow a victim to make
an oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3 of
the Rights of Crime Victims and Witnesses Act to present an
oral or written statement. A victim and any person making an
oral statement shall not be put under oath or subject to
cross-examination. A record of a prior continuance under
supervision under Section 5-615, whether successfully
completed or not, is admissible at the sentencing hearing. No
order of commitment to the Department of Juvenile Justice shall
be entered against a minor before a written report of social
investigation, which has been completed within the previous 60
days, is presented to and considered by the court.
    (2) Once a party has been served in compliance with Section
5-525, no further service or notice must be given to that party
prior to proceeding to a sentencing hearing. Before imposing
sentence the court shall advise the State's Attorney and the
parties who are present or their counsel of the factual
contents and the conclusions of the reports prepared for the
use of the court and considered by it, and afford fair
opportunity, if requested, to controvert them. Factual
contents, conclusions, documents and sources disclosed by the
court under this paragraph shall not be further disclosed
without the express approval of the court.
    (3) On its own motion or that of the State's Attorney, a
parent, guardian, legal custodian, or counsel, the court may
adjourn the hearing for a reasonable period to receive reports
or other evidence and, in such event, shall make an appropriate
order for detention of the minor or his or her release from
detention subject to supervision by the court during the period
of the continuance. In the event the court shall order
detention hereunder, the period of the continuance shall not
exceed 30 court days. At the end of such time, the court shall
release the minor from detention unless notice is served at
least 3 days prior to the hearing on the continued date that
the State will be seeking an extension of the period of
detention, which notice shall state the reason for the request
for the extension. The extension of detention may be for a
maximum period of an additional 15 court days or a lesser
number of days at the discretion of the court. However, at the
expiration of the period of extension, the court shall release
the minor from detention if a further continuance is granted.
In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor is in detention or has
otherwise been removed from his or her home before a sentencing
order has been made.
    (4) When commitment to the Department of Juvenile Justice
is ordered, the court shall state the basis for selecting the
particular disposition, and the court shall prepare such a
statement for inclusion in the record.
    (5) Before a sentencing order is entered by the court under
Section 5-710 for a minor adjudged delinquent for a violation
of paragraph (3.5) of subsection (a) of Section 26-1 of the
Criminal Code of 2012, in which the minor made a threat of
violence, death, or bodily harm against a person, school,
school function, or school event, the court may order a mental
health evaluation of the minor by a physician, clinical
psychologist, or qualified examiner, whether employed by the
State, by any public or private mental health facility or part
of the facility, or by any public or private medical facility
or part of the facility. A statement made by a minor during the
course of a mental health evaluation conducted under this
subsection (5) is not admissible on the issue of delinquency
during the course of an adjudicatory hearing held under this
Act. Neither the physician, clinical psychologist, qualified
examiner, or his or her employer shall be held criminally,
civilly, or professionally liable for performing a mental
health examination under this subsection (5), except for
willful or wanton misconduct. In this subsection (5),
"qualified examiner" has the meaning provided in Section 1-122
of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 100-961, eff. 1-1-19.)
 
    Section 10. The Criminal Code of 2012 is amended by
changing Section 26-1 as follows:
 
    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
    Sec. 26-1. Disorderly conduct.
    (a) A person commits disorderly conduct when he or she
knowingly:
        (1) Does any act in such unreasonable manner as to
    alarm or disturb another and to provoke a breach of the
    peace;
        (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 the transmission that there is no reasonable ground
    for believing that the fire exists;
        (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 a place where its
    explosion or release would endanger human life, knowing at
    the time of the transmission that there is no reasonable
    ground for believing that the bomb, explosive or a
    container holding poison gas, a deadly biological or
    chemical contaminant, or radioactive substance is
    concealed in the place;
        (3.5) Transmits or causes to be transmitted in any
    manner 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;
        (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 the transmission that there is no reasonable ground for
    believing that the offense will be committed, is being
    committed, or has been committed;
        (5) Transmits or causes to be transmitted in any manner
    a false report to any public safety agency without the
    reasonable grounds necessary to believe that transmitting
    the report is necessary for the safety and welfare of the
    public; or
        (6) Calls the number "911" or transmits or causes to be
    transmitted in any manner to a public safety agency 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;
        (7) Transmits or causes to be transmitted in any manner
    a false report to the Department of Children and Family
    Services under Section 4 of the Abused and Neglected Child
    Reporting Act;
        (8) Transmits or causes to be transmitted in any manner
    a false report to the Department of Public Health under the
    Nursing Home Care Act, the Specialized Mental Health
    Rehabilitation Act of 2013, the ID/DD Community Care Act,
    or the MC/DD Act;
        (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 the
    assistance is required;
        (10) Transmits or causes to be transmitted in any
    manner a false report under Article II of Public Act
    83-1432;
        (11) 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
        (12) While acting as a collection agency as defined in
    the Collection Agency Act or as an employee of the
    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.
    (b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) 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)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) 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)(12) 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)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) 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,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a
sentence of incarceration.
    (d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school that requires an emergency response to
reimburse the unit of government that employs the emergency
response officer or officers that were dispatched to the school
for the cost of the response. If the court determines that the
person convicted of disorderly conduct that requires an
emergency response to a school is indigent, the provisions of
this subsection (d) do not apply search for a bomb or explosive
device.
    (e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3.5) or (6) of subsection (a) to
reimburse the public agency for the reasonable costs of the
emergency response by the public agency up to $10,000. If the
court determines that the person convicted of disorderly
conduct under paragraph (3.5) or (6) of subsection (a) is
indigent, the provisions of this subsection (e) do not apply.
    (f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of any
other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

Effective Date: 1/1/2020