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Public Act 92-0502
HB2296 Enrolled LRB9205092ARsb
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings; validation.
(a) Public Act 90-456, effective January 1, 1998, was
entitled "An Act in relation to criminal law.". It contained
provisions amending the Criminal Code of 1961, the Code of
Criminal Procedure of 1963, and the Emergency Telephone
System Act, all pertaining to the subject of criminal law.
It also contained a provision amending subsection (b) of
Section 2-14 of the Juvenile Court Act of 1987, relating to
the commencement of civil adjudicatory hearings in abuse,
neglect, and dependency cases.
(b) The Illinois Supreme Court, in People v. Sypien,
Docket No. 89265, has ruled that the inclusion of the
amendment to the Juvenile Court Act of 1987 violated the
single subject clause of the Illinois Constitution (Article
IV, Section 8(d)), and that Public Act 90-456 is therefore
unconstitutional in its entirety.
(c) This Act re-enacts Section 15.2 of the Emergency
Telephone System Act, Section 26-1 of the Criminal Code of
1961, and Section 108-8 of the Code of Criminal Procedure of
1963. The text of those Sections includes both the changes
made by Public Act 90-456 and, where applicable, changes made
by subsequent amendments. In order to avoid confusion with
the changes made by subsequent amendments, the Sections that
are re-enacted in this Act are shown as existing text (i.e.,
without striking and underscoring). This Act is not intended
to supersede any other Public Act that amends the text of any
of the re-enacted Sections as set forth in this Act. This Act
also amends Section 12-14 of the Criminal Code of 1961.
(d) All otherwise lawful actions taken before the
effective date of this Act in reliance on or pursuant to
Section 108-8 of the Code of Criminal Procedure of 1963, as
set forth in Public Act 90-456, by any officer, employee, or
agency of State or local government or by any other person or
entity, are hereby validated.
(e) The re-enactment by this Act of Section 108-8 of the
Code of Criminal Procedure of 1963 applies to warrants issued
or executed on or after the effective date of Public Act
90-456 (January 1, 1998), as well as warrants issued or
executed on or after the effective date of this Act.
Section 5. The Emergency Telephone System Act is amended
by re-enacting Section 15.2 as follows:
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
Sec. 15.2. Any person calling the number "911" for the
purpose of making a false alarm or complaint and reporting
false information is subject to the provisions of Section
26-1 of the Criminal Code of 1961.
(Source: P.A. 90-456, eff. 1-1-98.)
Section 10. The Criminal Code of 1961 is amended by
re-enacting Section 26-1 and amending Section 12-14 as
follows:
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual
assault if he or she commits criminal sexual assault and any
of the following aggravating circumstances existed during, or
for the purposes of paragraph (7) of this subsection (a) as
part of the same course of conduct as, the commission of the
offense:
(1) the accused displayed, threatened to use, or
used a dangerous weapon, other than a firearm, or any
object fashioned or utilized in such a manner as to lead
the victim under the circumstances reasonably to believe
it to be a dangerous weapon; or
(2) the accused caused bodily harm, except as
provided in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other
person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person;
or
(7) the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or
by threat or deception, and for other than medical
purposes, any controlled substance; or
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm
during the commission of the offense; or
(10) the accused, during the commission of the
offense, personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age and (i)
commits an act of sexual penetration with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual penetration with a victim who was at
least 9 years of age but under 13 years of age when the act
was committed and the accused used force or threat of force
to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual penetration
with a victim who was a severely or profoundly mentally
retarded person at the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation
of paragraph (1), (2), (3), (4), (5), (6), or (7) of
subsection (a) or in violation of subsection (b) or (c)
is a Class X felony. A violation of subsection (a)(8) is
a Class X felony for which 15 years shall be added to the
term of imprisonment imposed by the court. A violation of
subsection (a)(9) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(10) is a Class X
felony for which 25 years or up to a term of natural life
imprisonment shall be added to the term of imprisonment
imposed by the court.
(2) A person who is convicted of a second or
subsequent offense of aggravated criminal sexual assault,
or who is convicted of the offense of aggravated criminal
sexual assault after having previously been convicted of
the offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual
assault or the offense of predatory criminal sexual
assault of a child, shall be sentenced to a term of
natural life imprisonment. The commission of the second
or subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
(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.
(b) Sentence. 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)(8) or (a)(10) of this Section is a Class B misdemeanor.
A violation of subsection (a)(2), (a)(4), 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)(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. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00;
91-121, eff. 7-15-99; 92-16, eff. 6-28-01.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by re-enacting Section 108-8 as follows:
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the
officer executing the warrant to make entry without first
knocking and announcing his or her office if it finds, based
upon a showing of specific facts, the existence of the
following exigent circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(Source: P.A. 90-456, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly November 29, 2001.
Approved December 19, 2001.
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