103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5815

 

Introduced , by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-1  from Ch. 38, par. 26-1

    Amends the Criminal Code of 2012. Provides that disorderly conduct, when a person knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace is a Class A misdemeanor if the violation interferes with emergency response equipment. Provides that a violation is a Class A misdemeanor if that violation results or requires a business or facility to close during the breach of the peace. Provides that the violation is a Class 4 felony if the violation results in bodily harm to an individual.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    reasonable ground for believing that the fire exists;
18        (3) Transmits or causes to be transmitted in any
19    manner to another a false alarm to the effect that a bomb
20    or other explosive of any nature or a container holding
21    poison gas, a deadly biological or chemical contaminant,
22    or radioactive substance is concealed in a place where its
23    explosion or release would endanger human life, knowing at

 

 

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1    the time of the transmission that there is no reasonable
2    ground for believing that the bomb, explosive or a
3    container holding poison gas, a deadly biological or
4    chemical contaminant, or radioactive substance is
5    concealed in the place;
6        (3.5) Transmits or causes to be transmitted in any
7    manner a threat of destruction of a school building or
8    school property, or a threat of violence, death, or bodily
9    harm directed against persons at a school, school
10    function, or school event, whether or not school is in
11    session;
12        (4) Transmits or causes to be transmitted in any
13    manner to any peace officer, public officer or public
14    employee a report to the effect that an offense will be
15    committed, is being committed, or has been committed,
16    knowing at the time of the transmission that there is no
17    reasonable ground for believing that the offense will be
18    committed, is being committed, or has been committed;
19        (5) Transmits or causes to be transmitted in any
20    manner a false report to any public safety agency without
21    the reasonable grounds necessary to believe that
22    transmitting the report is necessary for the safety and
23    welfare of the public;
24        (6) Calls or texts the number "911" or transmits or
25    causes to be transmitted in any manner to a public safety
26    agency or public safety answering point for the purpose of

 

 

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1    making or transmitting a false alarm or complaint and
2    reporting information when, at the time the call, text, or
3    transmission is made, the person knows there is no
4    reasonable ground for making the call, text, or
5    transmission and further knows that the call, text, or
6    transmission could result in the emergency response of any
7    public safety agency;
8        (7) Transmits or causes to be transmitted in any
9    manner a false report to the Department of Children and
10    Family Services under Section 4 of the Abused and
11    Neglected Child Reporting Act;
12        (8) Transmits or causes to be transmitted in any
13    manner a false report to the Department of Public Health
14    under the Nursing Home Care Act, the Specialized Mental
15    Health Rehabilitation Act of 2013, the ID/DD Community
16    Care Act, or the MC/DD Act;
17        (9) Transmits or causes to be transmitted in any
18    manner to the police department or fire department of any
19    municipality or fire protection district, or any privately
20    owned and operated ambulance service, a false request for
21    an ambulance, emergency medical technician-ambulance or
22    emergency medical technician-paramedic knowing at the time
23    there is no reasonable ground for believing that the
24    assistance is required;
25        (10) Transmits or causes to be transmitted in any
26    manner a false report under Article II of Public Act

 

 

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1    83-1432;
2        (11) Enters upon the property of another and for a
3    lewd or unlawful purpose deliberately looks into a
4    dwelling on the property through any window or other
5    opening in it; or
6        (12) While acting as a collection agency as defined in
7    the Collection Agency Act or as an employee of the
8    collection agency, and while attempting to collect an
9    alleged debt, makes a telephone call to the alleged debtor
10    which is designed to harass, annoy or intimidate the
11    alleged debtor.
12    (b) Sentence. A violation of subsection (a)(1) of this
13Section is a Class C misdemeanor. A violation of subsection
14(a)(1) of this Section is a Class A misdemeanor if the
15violation interferes with emergency response equipment. A
16violation of subsection (a)(1) of this Section is a Class A
17misdemeanor if that violation results or requires a business
18or facility to close during the breach of the peace. A
19violation of subsection (a)(5) or (a)(11) of this Section is a
20Class A misdemeanor. A violation of subsection (a)(8) or
21(a)(10) of this Section is a Class B misdemeanor. A violation
22of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or
23(a)(9) of this Section is a Class 4 felony. A violation of
24subsection (a)(3) of this Section is a Class 3 felony, for
25which a fine of not less than $3,000 and no more than $10,000
26shall be assessed in addition to any other penalty imposed. A

 

 

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1violation of subsection (a)(1) is a Class 4 felony if the
2violation results in bodily harm to an individual.
3    A violation of subsection (a)(12) of this Section is a
4Business Offense and shall be punished by a fine not to exceed
5$3,000. A second or subsequent violation of subsection (a)(7)
6or (a)(5) of this Section is a Class 4 felony. A third or
7subsequent violation of subsection (a)(11) of this Section is
8a Class 4 felony.
9    (c) In addition to any other sentence that may be imposed,
10a court shall order any person convicted of disorderly conduct
11to perform community service for not less than 30 and not more
12than 120 hours, if community service is available in the
13jurisdiction and is funded and approved by the county board of
14the county where the offense was committed. In addition,
15whenever any person is placed on supervision for an alleged
16offense under this Section, the supervision shall be
17conditioned upon the performance of the community service.
18    This subsection does not apply when the court imposes a
19sentence of incarceration.
20    (d) In addition to any other sentence that may be imposed,
21the court shall order any person convicted of disorderly
22conduct under paragraph (3) of subsection (a) involving a
23false alarm of a threat that a bomb or explosive device has
24been placed in a school that requires an emergency response to
25reimburse the unit of government that employs the emergency
26response officer or officers that were dispatched to the

 

 

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1school for the cost of the response. If the court determines
2that the person convicted of disorderly conduct that requires
3an emergency response to a school is indigent, the provisions
4of this subsection (d) do not apply.
5    (e) In addition to any other sentence that may be imposed,
6the court shall order any person convicted of disorderly
7conduct under paragraph (3.5) or (6) of subsection (a) to
8reimburse the public agency for the reasonable costs of the
9emergency response by the public agency up to $10,000. If the
10court determines that the person convicted of disorderly
11conduct under paragraph (3.5) or (6) of subsection (a) is
12indigent, the provisions of this subsection (e) do not apply.
13    (f) For the purposes of this Section, "emergency response"
14means any condition that results in, or could result in, the
15response of a public official in an authorized emergency
16vehicle, any condition that jeopardizes or could jeopardize
17public safety and results in, or could result in, the
18evacuation of any area, building, structure, vehicle, or of
19any other place that any person may enter, or any incident
20requiring a response by a police officer, a firefighter, a
21State Fire Marshal employee, or an ambulance.
22(Source: P.A. 103-366, eff. 1-1-24.)