Sen. Doris Turner

Filed: 3/31/2021

 

 


 

 


 
10200SB0768sam001LRB102 04586 KMF 24484 a

1
AMENDMENT TO SENATE BILL 768

2    AMENDMENT NO. ______. Amend Senate Bill 768 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 26-1 as follows:
 
6    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
7    Sec. 26-1. Disorderly conduct.
8    (a) A person commits disorderly conduct when he or she
9knowingly:
10        (1) Does any act in such unreasonable manner as to
11    alarm or disturb another and to provoke a breach of the
12    peace;
13        (2) Transmits or causes to be transmitted in any
14    manner to the fire department of any city, town, village
15    or fire protection district a false alarm of fire, knowing
16    at the time of the transmission that there is no

 

 

10200SB0768sam001- 2 -LRB102 04586 KMF 24484 a

1    reasonable ground for believing that the fire exists;
2        (3) Transmits or causes to be transmitted in any
3    manner to another a false alarm to the effect that a bomb
4    or other explosive of any nature or a container holding
5    poison gas, a deadly biological or chemical contaminant,
6    or radioactive substance is concealed in a place where its
7    explosion or release would endanger human life, knowing at
8    the time of the transmission that there is no reasonable
9    ground for believing that the bomb, explosive or a
10    container holding poison gas, a deadly biological or
11    chemical contaminant, or radioactive substance is
12    concealed in the place;
13        (3.5) Transmits or causes to be transmitted in any
14    manner a threat of destruction of a school building or
15    school property, or a threat of violence, death, or bodily
16    harm directed against persons at a school, school
17    function, or school event, whether or not school is in
18    session;
19        (4) Transmits or causes to be transmitted in any
20    manner to any peace officer, public officer or public
21    employee a report to the effect that an offense will be
22    committed, is being committed, or has been committed,
23    knowing at the time of the transmission that there is no
24    reasonable ground for believing that the offense will be
25    committed, is being committed, or has been committed;
26        (5) Transmits or causes to be transmitted in any

 

 

10200SB0768sam001- 3 -LRB102 04586 KMF 24484 a

1    manner a false report to any public safety agency without
2    the reasonable grounds necessary to believe that
3    transmitting the report is necessary for the safety and
4    welfare of the public; or
5        (6) Calls the number "911" or transmits or causes to
6    be transmitted in any manner to a public safety agency for
7    the purpose of making or transmitting a false alarm or
8    complaint and reporting information when, at the time the
9    call or transmission is made, the person knows there is no
10    reasonable ground for making the call or transmission and
11    further knows that the call or transmission could result
12    in the emergency response of any public safety agency. It
13    is not a false alarm or complaint under this paragraph (6)
14    for a person to report his or her honestly perceived
15    belief that the behavior of a police officer is
16    unreasonable under the circumstances and poses an
17    unwarranted physical threat to the person or to another
18    person;
19        (7) Transmits or causes to be transmitted in any
20    manner a false report to the Department of Children and
21    Family Services under Section 4 of the Abused and
22    Neglected Child Reporting Act;
23        (8) Transmits or causes to be transmitted in any
24    manner a false report to the Department of Public Health
25    under the Nursing Home Care Act, the Specialized Mental
26    Health Rehabilitation Act of 2013, the ID/DD Community

 

 

10200SB0768sam001- 4 -LRB102 04586 KMF 24484 a

1    Care Act, or the MC/DD Act;
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 privately
5    owned and operated ambulance service, a false request for
6    an ambulance, emergency medical technician-ambulance or
7    emergency medical technician-paramedic knowing at the time
8    there is no reasonable ground for believing that the
9    assistance is required;
10        (10) Transmits or causes to be transmitted in any
11    manner a false report under Article II of Public Act
12    83-1432;
13        (11) Enters upon the property of another and for a
14    lewd or unlawful purpose deliberately looks into a
15    dwelling on the property through any window or other
16    opening in it; or
17        (12) While acting as a collection agency as defined in
18    the Collection Agency Act or as an employee of the
19    collection agency, and while attempting to collect an
20    alleged debt, makes a telephone call to the alleged debtor
21    which is designed to harass, annoy or intimidate the
22    alleged debtor.
23    (b) Sentence. A violation of subsection (a)(1) of this
24Section is a Class C misdemeanor. A violation of subsection
25(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
26violation of subsection (a)(8) or (a)(10) of this Section is a

 

 

10200SB0768sam001- 5 -LRB102 04586 KMF 24484 a

1Class B misdemeanor. A violation of subsection (a)(2),
2(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
3a Class 4 felony. A violation of subsection (a)(3) of this
4Section is a Class 3 felony, for which a fine of not less than
5$3,000 and no more than $10,000 shall be assessed in addition
6to any other penalty imposed.
7    A violation of subsection (a)(12) of this Section is a
8Business Offense and shall be punished by a fine not to exceed
9$3,000. A second or subsequent violation of subsection (a)(7)
10or (a)(5) of this Section is a Class 4 felony. A third or
11subsequent violation of subsection (a)(11) of this Section is
12a Class 4 felony.
13    (c) In addition to any other sentence that may be imposed,
14a court shall order any person convicted of disorderly conduct
15to perform community service for not less than 30 and not more
16than 120 hours, if community service is available in the
17jurisdiction and is funded and approved by the county board of
18the county where the offense was committed. In addition,
19whenever any person is placed on supervision for an alleged
20offense under this Section, the supervision shall be
21conditioned upon the performance of the community service.
22    This subsection does not apply when the court imposes a
23sentence of incarceration.
24    (d) In addition to any other sentence that may be imposed,
25the court shall order any person convicted of disorderly
26conduct under paragraph (3) of subsection (a) involving a

 

 

10200SB0768sam001- 6 -LRB102 04586 KMF 24484 a

1false alarm of a threat that a bomb or explosive device has
2been placed in a school that requires an emergency response to
3reimburse the unit of government that employs the emergency
4response officer or officers that were dispatched to the
5school for the cost of the response. If the court determines
6that the person convicted of disorderly conduct that requires
7an emergency response to a school is indigent, the provisions
8of this subsection (d) do not apply.
9    (e) In addition to any other sentence that may be imposed,
10the court shall order any person convicted of disorderly
11conduct under paragraph (3.5) or (6) of subsection (a) to
12reimburse the public agency for the reasonable costs of the
13emergency response by the public agency up to $10,000. If the
14court determines that the person convicted of disorderly
15conduct under paragraph (3.5) or (6) of subsection (a) is
16indigent, the provisions of this subsection (e) do not apply.
17    (f) For the purposes of this Section, "emergency response"
18means any condition that results in, or could result in, the
19response of a public official in an authorized emergency
20vehicle, any condition that jeopardizes or could jeopardize
21public safety and results in, or could result in, the
22evacuation of any area, building, structure, vehicle, or of
23any other place that any person may enter, or any incident
24requiring a response by a police officer, a firefighter, a
25State Fire Marshal employee, or an ambulance.
26(Source: P.A. 101-238, eff. 1-1-20.)".