97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6230

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-2  from Ch. 38, par. 17-2

    Amends the Criminal Code of 1961. Provides that a person who knowingly and falsely represents himself or herself to be an elected official is guilty of a Class 4 felony (rather than a Class A misdemeanor).


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

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 1961 is amended by changing
5Section 17-2 as follows:
 
6    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
7    Sec. 17-2. False personation; solicitation.
8    (a) False personation; solicitation.
9        (1) A person commits a false personation when he or she
10    knowingly and falsely represents himself or herself to be a
11    member or representative of any veterans' or public safety
12    personnel organization or a representative of any
13    charitable organization, or when he or she knowingly
14    exhibits or uses in any manner any decal, badge or insignia
15    of any charitable, public safety personnel, or veterans'
16    organization when not authorized to do so by the
17    charitable, public safety personnel, or veterans'
18    organization. "Public safety personnel organization" has
19    the meaning ascribed to that term in Section 1 of the
20    Solicitation for Charity Act.
21        (2) A person commits a false personation when he or she
22    knowingly and falsely represents himself or herself to be a
23    veteran in seeking employment or public office. In this

 

 

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1    paragraph, "veteran" means a person who has served in the
2    Armed Services or Reserve Forces of the United States.
3        (2.5) A person commits a false personation when he or
4    she knowingly and falsely represents himself or herself to
5    be:
6            (A) another actual person and does an act in such
7        assumed character with intent to intimidate, threaten,
8        injure, defraud, or to obtain a benefit from another;
9        or
10            (B) a representative of an actual person or
11        organization and does an act in such false capacity
12        with intent to obtain a benefit or to injure or defraud
13        another.
14        (3) No person shall knowingly use the words "Police",
15    "Police Department", "Patrolman", "Sergeant",
16    "Lieutenant", "Peace Officer", "Sheriff's Police",
17    "Sheriff", "Officer", "Law Enforcement", "Trooper",
18    "Deputy", "Deputy Sheriff", "State Police", or any other
19    words to the same effect (i) in the title of any
20    organization, magazine, or other publication without the
21    express approval of the named public safety personnel
22    organization's governing board or (ii) in combination with
23    the name of any state, state agency, public university, or
24    unit of local government without the express written
25    authorization of that state, state agency, public
26    university, or unit of local government.

 

 

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1        (4) No person may knowingly claim or represent that he
2    or she is acting on behalf of any public safety personnel
3    organization when soliciting financial contributions or
4    selling or delivering or offering to sell or deliver any
5    merchandise, goods, services, memberships, or
6    advertisements unless the chief of the police department,
7    fire department, and the corporate or municipal authority
8    thereof, or the sheriff has first entered into a written
9    agreement with the person or with an organization with
10    which the person is affiliated and the agreement permits
11    the activity and specifies and states clearly and fully the
12    purpose for which the proceeds of the solicitation,
13    contribution, or sale will be used.
14        (5) No person, when soliciting financial contributions
15    or selling or delivering or offering to sell or deliver any
16    merchandise, goods, services, memberships, or
17    advertisements may claim or represent that he or she is
18    representing or acting on behalf of any nongovernmental
19    organization by any name which includes "officer", "peace
20    officer", "police", "law enforcement", "trooper",
21    "sheriff", "deputy", "deputy sheriff", "State police", or
22    any other word or words which would reasonably be
23    understood to imply that the organization is composed of
24    law enforcement personnel unless:
25            (A) the person is actually representing or acting
26        on behalf of the nongovernmental organization;

 

 

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1            (B) the nongovernmental organization is controlled
2        by and governed by a membership of and represents a
3        group or association of active duty peace officers,
4        retired peace officers, or injured peace officers; and
5            (C) before commencing the solicitation or the sale
6        or the offers to sell any merchandise, goods, services,
7        memberships, or advertisements, a written contract
8        between the soliciting or selling person and the
9        nongovernmental organization, which specifies and
10        states clearly and fully the purposes for which the
11        proceeds of the solicitation, contribution, or sale
12        will be used, has been entered into.
13        (6) No person, when soliciting financial contributions
14    or selling or delivering or offering to sell or deliver any
15    merchandise, goods, services, memberships, or
16    advertisements, may knowingly claim or represent that he or
17    she is representing or acting on behalf of any
18    nongovernmental organization by any name which includes
19    the term "fireman", "fire fighter", "paramedic", or any
20    other word or words which would reasonably be understood to
21    imply that the organization is composed of fire fighter or
22    paramedic personnel unless:
23            (A) the person is actually representing or acting
24        on behalf of the nongovernmental organization;
25            (B) the nongovernmental organization is controlled
26        by and governed by a membership of and represents a

 

 

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1        group or association of active duty, retired, or
2        injured fire fighters (for the purposes of this
3        Section, "fire fighter" has the meaning ascribed to
4        that term in Section 2 of the Illinois Fire Protection
5        Training Act) or active duty, retired, or injured
6        emergency medical technicians - ambulance, emergency
7        medical technicians - intermediate, emergency medical
8        technicians - paramedic, ambulance drivers, or other
9        medical assistance or first aid personnel; and
10            (C) before commencing the solicitation or the sale
11        or delivery or the offers to sell or deliver any
12        merchandise, goods, services, memberships, or
13        advertisements, the soliciting or selling person and
14        the nongovernmental organization have entered into a
15        written contract that specifies and states clearly and
16        fully the purposes for which the proceeds of the
17        solicitation, contribution, or sale will be used.
18        (7) No person may knowingly claim or represent that he
19    or she is an airman, airline employee, airport employee, or
20    contractor at an airport in order to obtain the uniform,
21    identification card, license, or other identification
22    paraphernalia of an airman, airline employee, airport
23    employee, or contractor at an airport.
24        (8) No person, firm, copartnership, or corporation
25    (except corporations organized and doing business under
26    the Pawners Societies Act) shall knowingly use a name that

 

 

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1    contains in it the words "Pawners' Society".
2    (b) False personation; public officials and employees. A
3person commits a false personation if he or she knowingly and
4falsely represents himself or herself to be any of the
5following:
6        (1) An attorney authorized to practice law for purposes
7    of compensation or consideration. This paragraph (b)(1)
8    does not apply to a person who unintentionally fails to pay
9    attorney registration fees established by Supreme Court
10    Rule.
11        (2) A public officer or a public employee or an
12    official or employee of the federal government.
13        (2.3) A public officer, a public employee, or an
14    official or employee of the federal government, and the
15    false representation is made in furtherance of the
16    commission of felony.
17        (2.7) A public officer or a public employee, and the
18    false representation is for the purpose of effectuating
19    identity theft as defined in Section 16-30 of this Code.
20        (3) A peace officer.
21        (4) A peace officer while carrying a deadly weapon.
22        (5) A peace officer in attempting or committing a
23    felony.
24        (6) A peace officer in attempting or committing a
25    forcible felony.
26        (7) The parent, legal guardian, or other relation of a

 

 

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1    minor child to any public official, public employee, or
2    elementary or secondary school employee or administrator.
3        (8) A fire fighter.
4        (9) A fire fighter while carrying a deadly weapon.
5        (10) A fire fighter in attempting or committing a
6    felony.
7        (11) An emergency management worker of any
8    jurisdiction in this State.
9        (12) An emergency management worker of any
10    jurisdiction in this State in attempting or committing a
11    felony. For the purposes of this subsection (b), "emergency
12    management worker" has the meaning provided under Section
13    2-6.6 of this Code.
14    (b-5) The trier of fact may infer that a person falsely
15represents himself or herself to be a public officer or a
16public employee or an official or employee of the federal
17government if the person:
18        (1) wears or displays without authority any uniform,
19    badge, insignia, or facsimile thereof by which a public
20    officer or public employee or official or employee of the
21    federal government is lawfully distinguished; or
22        (2) falsely expresses by word or action that he or she
23    is a public officer or public employee or official or
24    employee of the federal government and is acting with
25    approval or authority of a public agency or department.
26    (c) Fraudulent advertisement of a corporate name.

 

 

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1        (1) A company, association, or individual commits
2    fraudulent advertisement of a corporate name if he, she, or
3    it, not being incorporated, puts forth a sign or
4    advertisement and assumes, for the purpose of soliciting
5    business, a corporate name.
6        (2) Nothing contained in this subsection (c) prohibits
7    a corporation, company, association, or person from using a
8    divisional designation or trade name in conjunction with
9    its corporate name or assumed name under Section 4.05 of
10    the Business Corporation Act of 1983 or, if it is a member
11    of a partnership or joint venture, from doing partnership
12    or joint venture business under the partnership or joint
13    venture name. The name under which the joint venture or
14    partnership does business may differ from the names of the
15    members. Business may not be conducted or transacted under
16    that joint venture or partnership name, however, unless all
17    provisions of the Assumed Business Name Act have been
18    complied with. Nothing in this subsection (c) permits a
19    foreign corporation to do business in this State without
20    complying with all Illinois laws regulating the doing of
21    business by foreign corporations. No foreign corporation
22    may conduct or transact business in this State as a member
23    of a partnership or joint venture that violates any
24    Illinois law regulating or pertaining to the doing of
25    business by foreign corporations in Illinois.
26        (3) The provisions of this subsection (c) do not apply

 

 

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1    to limited partnerships formed under the Revised Uniform
2    Limited Partnership Act or under the Uniform Limited
3    Partnership Act (2001).
4    (d) False law enforcement badges.
5        (1) A person commits false law enforcement badges if he
6    or she knowingly produces, sells, or distributes a law
7    enforcement badge without the express written consent of
8    the law enforcement agency represented on the badge or, in
9    case of a reorganized or defunct law enforcement agency,
10    its successor law enforcement agency.
11        (2) It is a defense to false law enforcement badges
12    that the law enforcement badge is used or is intended to be
13    used exclusively: (i) as a memento or in a collection or
14    exhibit; (ii) for decorative purposes; or (iii) for a
15    dramatic presentation, such as a theatrical, film, or
16    television production.
17    (e) False medals.
18        (1) A person commits a false personation if he or she
19    knowingly and falsely represents himself or herself to be a
20    recipient of, or wears on his or her person, any of the
21    following medals if that medal was not awarded to that
22    person by the United States Government, irrespective of
23    branch of service: The Congressional Medal of Honor, The
24    Distinguished Service Cross, The Navy Cross, The Air Force
25    Cross, The Silver Star, The Bronze Star, or the Purple
26    Heart.

 

 

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1        (2) It is a defense to a prosecution under paragraph
2    (e)(1) that the medal is used, or is intended to be used,
3    exclusively:
4            (A) for a dramatic presentation, such as a
5        theatrical, film, or television production, or a
6        historical re-enactment; or
7            (B) for a costume worn, or intended to be worn, by
8        a person under 18 years of age.
9    (f) Sentence.
10        (1) A violation of paragraph (a)(8) is a petty offense
11    subject to a fine of not less than $5 nor more than $100,
12    and the person, firm, copartnership, or corporation
13    commits an additional petty offense for each day he, she,
14    or it continues to commit the violation. A violation of
15    paragraph (c)(1) is a petty offense, and the company,
16    association, or person commits an additional petty offense
17    for each day he, she, or it continues to commit the
18    violation. A violation of subsection (e) is a petty offense
19    for which the offender shall be fined at least $100 and not
20    more than $200.
21        (2) A violation of paragraph (a)(1) or (a)(3) is a
22    Class C misdemeanor.
23        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
24    (b)(2), or (b)(7) or subsection (d) is a Class A
25    misdemeanor. A second or subsequent violation of
26    subsection (d) is a Class 3 felony.

 

 

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1        (3.1) Except as otherwise provided in paragraph
2    (f)(3.2), a violation of paragraph (b)(2) is a Class A
3    misdemeanor.
4        (3.2) If the public officer is an elected official, a
5    violation of paragraph (b)(2) is a Class 4 felony.
6        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
7    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
8    Class 4 felony.
9        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
10    is a Class 3 felony.
11        (6) A violation of paragraph (b)(5) or (b)(10) is a
12    Class 2 felony.
13        (7) A violation of paragraph (b)(6) is a Class 1
14    felony.
15    (g) A violation of subsection (a)(1) through (a)(7) or
16subsection (e) of this Section may be accomplished in person or
17by any means of communication, including but not limited to the
18use of an Internet website or any form of electronic
19communication.
20(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11;
2197-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change
22to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)