State of Illinois
91st General Assembly
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Public Act 91-0115

SB404 Enrolled                                 LRB9105586RCpr

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 11-9 and 26-1.

    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 Sections 11-9 and 26-1 as follows:

    (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
    Sec. 11-9. Public indecency.
    (a)  Any  person  of  the age of 17 years and upwards who
performs any of the following acts in a public place  commits
a public indecency:
         (1)  An  act of sexual penetration or sexual conduct
    as defined in Section 12-12 of this Code; or
         (2)  A lewd exposure of the body done with intent to
    arouse or to satisfy the sexual desire of the person.
    Breast-feeding  of  infants  is  not  an  act  of  public
indecency.
    (b)  "Public place" for purposes of  this  Section  means
any  place where the conduct may reasonably be expected to be
viewed by others.
    (c)  Sentence.
    Public indecency is  a  Class  A  misdemeanor.  A  person
convicted  of  a  third  or  subsequent  violation for public
indecency is guilty of a Class 4 felony.
(Source: P.A. 89-59, eff. 1-1-96.)

    (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 is concealed in such
    place that  its  explosion  would  endanger  human  life,
    knowing at the time of such transmission that there is no
    reasonable   ground  for  believing  that  such  bomb  or
    explosive 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.
    (b)  Sentence.
    (1)  A violation of subsection (a) (1) of this Section is
a Class C misdemeanor. A violation of subsection (a)(5),  (a)
(7),  (a)(11),  or  (a)(12)  of  this  Section  is  a Class A
misdemeanor. A violation of subsection (a) (5),  (a)  (8)  or
(a)  (10)  of  this  Section  is  a  Class  B  misdemeanor. A
violation of subsection (a) (2), (a) (3), (a)(4),  or  (a)(9)
of this Section is a Class 4 felony.
    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,  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.
(Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)

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