103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2142

 

Introduced 2/10/2023, by Sen. Andrew S. Chesney

 

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

    Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2024.


LRB103 27178 RLC 53548 b

 

 

A BILL FOR

 

SB2142LRB103 27178 RLC 53548 b

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; or
24        (6) Calls the number "911" or transmits or causes to
25    be transmitted in any manner to a public safety agency for
26    the purpose of making or transmitting a false alarm or

 

 

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1    complaint and reporting information when, at the time the
2    call or transmission is made, the person knows there is no
3    reasonable ground for making the call or transmission and
4    further knows that the call or transmission could result
5    in the emergency response of any public safety agency;
6        (7) Transmits or causes to be transmitted in any
7    manner a false report to the Department of Children and
8    Family Services under Section 4 of the Abused and
9    Neglected Child Reporting Act;
10        (8) Transmits or causes to be transmitted in any
11    manner a false report to the Department of Public Health
12    under the Nursing Home Care Act, the Specialized Mental
13    Health Rehabilitation Act of 2013, the ID/DD Community
14    Care Act, or the MC/DD Act;
15        (9) Transmits or causes to be transmitted in any
16    manner to the police department or fire department of any
17    municipality or fire protection district, or any privately
18    owned and operated ambulance service, a false request for
19    an ambulance, emergency medical technician-ambulance or
20    emergency medical technician-paramedic knowing at the time
21    there is no reasonable ground for believing that the
22    assistance is required;
23        (10) Transmits or causes to be transmitted in any
24    manner a false report under Article II of Public Act
25    83-1432;
26        (11) Enters upon the property of another and for a

 

 

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1    lewd or unlawful purpose deliberately looks into a
2    dwelling on the property through any window or other
3    opening in it; or
4        (12) While acting as a collection agency as defined in
5    the Collection Agency Act or as an employee of the
6    collection agency, and while attempting to collect an
7    alleged debt, makes a telephone call to the alleged debtor
8    which is designed to harass, annoy or intimidate the
9    alleged debtor; or .
10        (13) Transmits or causes to be transmitted in any
11    manner to any peace officer, public officer, or public
12    employee a report to the effect that a hate crime will be
13    committed, is being committed, or has been committed,
14    knowing at the time of the transmission that there is no
15    reasonable ground for believing that the offense will be
16    committed, is being committed, or has been committed.
17    (b) Sentence. A violation of subsection (a)(1) of this
18Section is a Class C misdemeanor. A violation of subsection
19(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
20violation of subsection (a)(8) or (a)(10) of this Section is a
21Class B misdemeanor. A violation of subsection (a)(2),
22(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
23a Class 4 felony. A violation of subsection (a)(3) of this
24Section is a Class 3 felony, for which a fine of not less than
25$3,000 and no more than $10,000 shall be assessed in addition
26to any other penalty imposed.

 

 

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1    A violation of subsection (a)(12) of this Section is a
2Business Offense and shall be punished by a fine not to exceed
3$3,000. A second or subsequent violation of subsection (a)(7)
4or (a)(5) of this Section is a Class 4 felony. A third or
5subsequent violation of subsection (a)(11) of this Section is
6a Class 4 felony.
7    (b-5) A violation of subsection (a)(13) of this Section is
8a Class 2 felony for the first offense and a Class 1 felony for
9a second or subsequent offense if committed:
10        (1) in, or upon the exterior or grounds of a church,
11    synagogue, mosque, or other building, structure, or place
12    identified or associated with a particular religion or
13    used for religious worship or other religious purpose;
14        (2) in a cemetery, mortuary, or other facility used
15    for the purpose of burial or memorializing the dead;
16        (3) in a school or other educational facility,
17    including an administrative facility or public or private
18    dormitory facility of or associated with the school or
19    other educational facility;
20        (4) in a public park or an ethnic or religious
21    community center;
22        (5) on the real property comprising any location
23    specified in paragraphs (1) through (4) of this subsection
24    (b-5); or
25        (6) on a public way within 1,000 feet of the real
26    property comprising any location specified in paragraphs

 

 

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1    (1) through (4) of this subsection (b-5).
2    (c) In addition to any other sentence that may be imposed,
3a court shall order any person convicted of disorderly conduct
4to perform community service for not less than 30 and not more
5than 120 hours, if community service is available in the
6jurisdiction and is funded and approved by the county board of
7the county where the offense was committed. In addition,
8whenever any person is placed on supervision for an alleged
9offense under this Section, the supervision shall be
10conditioned upon the performance of the community service.
11    This subsection does not apply when the court imposes a
12sentence of incarceration.
13    (d) In addition to any other sentence that may be imposed,
14the court shall order any person convicted of disorderly
15conduct under paragraph (3) of subsection (a) involving a
16false alarm of a threat that a bomb or explosive device has
17been placed in a school that requires an emergency response to
18reimburse the unit of government that employs the emergency
19response officer or officers that were dispatched to the
20school for the cost of the response. If the court determines
21that the person convicted of disorderly conduct that requires
22an emergency response to a school is indigent, the provisions
23of this subsection (d) do not apply.
24    (e) In addition to any other sentence that may be imposed,
25the court shall order any person convicted of disorderly
26conduct under paragraph (3.5) or (6) of subsection (a) to

 

 

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1reimburse the public agency for the reasonable costs of the
2emergency response by the public agency up to $10,000. If the
3court determines that the person convicted of disorderly
4conduct under paragraph (3.5) or (6) of subsection (a) is
5indigent, the provisions of this subsection (e) do not apply.
6    (f) For the purposes of this Section, "emergency response"
7means any condition that results in, or could result in, the
8response of a public official in an authorized emergency
9vehicle, any condition that jeopardizes or could jeopardize
10public safety and results in, or could result in, the
11evacuation of any area, building, structure, vehicle, or of
12any other place that any person may enter, or any incident
13requiring a response by a police officer, a firefighter, a
14State Fire Marshal employee, or an ambulance.
15(Source: P.A. 101-238, eff. 1-1-20.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2024.