94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5812


 
Introduced 07/28/06, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 135/2
  from Ch. 134, par. 16.5







    Amends the Harassing and Obscene Communications Act.  Increases from a Class 4 felony to a Class 3 felony any violation of the Act if, in the course of the offense, the offender threatened to kill the victim or any member of the victim's family or household.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5812

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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Harassing and Obscene Communications Act is 
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amended  by changing Section 2 as follows:
 



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    (720 ILCS 135/2)  (from Ch. 134, par. 16.5)



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    Sec. 2. Sentence. 

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    (a) Except as provided in
subsection (b), a
person who 
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violates any of the provisions of
Section 1, 1-1, or 1-2 of 
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this Act
is guilty of a Class B misdemeanor.
Except as provided

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in subsection (b), a second or subsequent
violation of Section 
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1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which 
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the
court
shall impose a minimum of 14 days in
 jail or, if 
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public or
community service is established in the county in 
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which the offender was
convicted, 240 hours of public or 
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community service.

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    (b) In any of the following circumstances, a person who 
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violates Section 1,
1-1, or
1-2 of this Act shall be guilty of 
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a Class 4 felony:


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        (1) The person has 3 or more prior violations in the 
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    last 10 years of
harassment
by
telephone under Section 1-1 
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    of this Act, harassment through electronic
communications 
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    under Section 1-2 of this Act, or any similar offense of 
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    any
state;


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        (2) The person has previously violated the harassment 
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    by telephone
provisions of Section 1-1 of this Act or the 
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    harassment through electronic
communications provisions of 
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    Section 1-2 of this Act or committed any similar
offense in 
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    any state with the same victim or a member of the victim's 
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    family or
household;


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        (3) At the time of the offense, the offender was under 
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    conditions of bail,
probation, mandatory supervised 
 


 






HB5812
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    release or was the subject of an order of
protection, in 
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    this or any other state, prohibiting contact with the 
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    victim or
any member of the victim's family or household;


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        (4) (Blank)
In the course of the offense, the offender 
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    threatened to kill the
victim or any member of the victim's 
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    family or household;


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        (5) The person has been convicted in the last 10 years 
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    of a forcible
felony
as defined in Section 2-8 of the 
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    Criminal Code of 1961; or


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        (6) The person violates paragraph (4.1) of Section 1-1 
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    or paragraph
(3.1) of subsection (a) of Section 1-2.

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    (c)  Any violation of Section 1, 1-1, or 2 is a Class 3 
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felony if, in the course of the offense, the offender 
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threatened to kill the victim or any member of the victim's 
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family or household.

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(Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)