99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3110

 

Introduced 2/19/2016, by Sen. Neil Anderson

 

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

    Amends the Criminal Code of 2012. Provides that a person commits false personation when he or she falsely represents himself or herself to be a veteran when seeking employment or public office with an intent to obtain money, property, or other tangible benefit. A person commits false personation if he or she falsely represents that he or she received the Congressional Medal of Honor, The Distinguished Service Cross, the Navy Cross, The Air Force Cross, The Silver Star, the Bronze Star, or the Purple Heart, with an intent to obtain money, property, or other tangible benefit. Provides that a person who commits false personation when he or she knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, the Navy Cross, The Air Force Cross, The Silver Star, the Bronze Star, or the Purple Heart, with an intent to obtain money, property, or other tangible benefit is a guilty of a Class B misdemeanor. A second or subsequent violation of this offense is 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 2012 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 or with

 

 

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

 

 

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

 

 

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1            (A) the person is actually representing or acting
2        on behalf of the nongovernmental organization;
3            (B) the nongovernmental organization is controlled
4        by and governed by a membership of and represents a
5        group or association of active duty peace officers,
6        retired peace officers, or injured peace officers; and
7            (C) before commencing the solicitation or the sale
8        or the offers to sell any merchandise, goods, services,
9        memberships, or advertisements, a written contract
10        between the soliciting or selling person and the
11        nongovernmental organization, which specifies and
12        states clearly and fully the purposes for which the
13        proceeds of the solicitation, contribution, or sale
14        will be used, has been entered into.
15        (6) No person, when soliciting financial contributions
16    or selling or delivering or offering to sell or deliver any
17    merchandise, goods, services, memberships, or
18    advertisements, may knowingly claim or represent that he or
19    she is representing or acting on behalf of any
20    nongovernmental organization by any name which includes
21    the term "fireman", "fire fighter", "paramedic", or any
22    other word or words which would reasonably be understood to
23    imply that the organization is composed of fire fighter or
24    paramedic 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, retired, or
4        injured fire fighters (for the purposes of this
5        Section, "fire fighter" has the meaning ascribed to
6        that term in Section 2 of the Illinois Fire Protection
7        Training Act) or active duty, retired, or injured
8        emergency medical technicians - ambulance, emergency
9        medical technicians - intermediate, emergency medical
10        technicians - paramedic, ambulance drivers, or other
11        medical assistance or first aid personnel; and
12            (C) before commencing the solicitation or the sale
13        or delivery or the offers to sell or deliver any
14        merchandise, goods, services, memberships, or
15        advertisements, the soliciting or selling person and
16        the nongovernmental organization have entered into a
17        written contract that specifies and states clearly and
18        fully the purposes for which the proceeds of the
19        solicitation, contribution, or sale will be used.
20        (7) No person may knowingly claim or represent that he
21    or she is an airman, airline employee, airport employee, or
22    contractor at an airport in order to obtain the uniform,
23    identification card, license, or other identification
24    paraphernalia of an airman, airline employee, airport
25    employee, or contractor at an airport.
26        (8) No person, firm, copartnership, or corporation

 

 

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

 

 

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1    forcible felony.
2        (7) The parent, legal guardian, or other relation of a
3    minor child to any public official, public employee, or
4    elementary or secondary school employee or administrator.
5        (7.5) The legal guardian, including any representative
6    of a State or public guardian, of a person with a
7    disability appointed under Article XIa of the Probate Act
8    of 1975.
9        (8) A fire fighter.
10        (9) A fire fighter while carrying a deadly weapon.
11        (10) A fire fighter in attempting or committing a
12    felony.
13        (11) An emergency management worker of any
14    jurisdiction in this State.
15        (12) An emergency management worker of any
16    jurisdiction in this State in attempting or committing a
17    felony. For the purposes of this subsection (b), "emergency
18    management worker" has the meaning provided under Section
19    2-6.6 of this Code.
20    (b-5) The trier of fact may infer that a person falsely
21represents himself or herself to be a public officer or a
22public employee or an official or employee of the federal
23government if the person:
24        (1) wears or displays without authority any uniform,
25    badge, insignia, or facsimile thereof by which a public
26    officer or public employee or official or employee of the

 

 

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1    federal government is lawfully distinguished; or
2        (2) falsely expresses by word or action that he or she
3    is a public officer or public employee or official or
4    employee of the federal government and is acting with
5    approval or authority of a public agency or department.
6    (c) Fraudulent advertisement of a corporate name.
7        (1) A company, association, or individual commits
8    fraudulent advertisement of a corporate name if he, she, or
9    it, not being incorporated, puts forth a sign or
10    advertisement and assumes, for the purpose of soliciting
11    business, a corporate name.
12        (2) Nothing contained in this subsection (c) prohibits
13    a corporation, company, association, or person from using a
14    divisional designation or trade name in conjunction with
15    its corporate name or assumed name under Section 4.05 of
16    the Business Corporation Act of 1983 or, if it is a member
17    of a partnership or joint venture, from doing partnership
18    or joint venture business under the partnership or joint
19    venture name. The name under which the joint venture or
20    partnership does business may differ from the names of the
21    members. Business may not be conducted or transacted under
22    that joint venture or partnership name, however, unless all
23    provisions of the Assumed Business Name Act have been
24    complied with. Nothing in this subsection (c) permits a
25    foreign corporation to do business in this State without
26    complying with all Illinois laws regulating the doing of

 

 

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1    business by foreign corporations. No foreign corporation
2    may conduct or transact business in this State as a member
3    of a partnership or joint venture that violates any
4    Illinois law regulating or pertaining to the doing of
5    business by foreign corporations in Illinois.
6        (3) The provisions of this subsection (c) do not apply
7    to limited partnerships formed under the Revised Uniform
8    Limited Partnership Act or under the Uniform Limited
9    Partnership Act (2001).
10    (d) False law enforcement badges.
11        (1) A person commits false law enforcement badges if he
12    or she knowingly produces, sells, or distributes a law
13    enforcement badge without the express written consent of
14    the law enforcement agency represented on the badge or, in
15    case of a reorganized or defunct law enforcement agency,
16    its successor law enforcement agency.
17        (2) It is a defense to false law enforcement badges
18    that the law enforcement badge is used or is intended to be
19    used exclusively: (i) as a memento or in a collection or
20    exhibit; (ii) for decorative purposes; or (iii) for a
21    dramatic presentation, such as a theatrical, film, or
22    television production.
23    (e) False medals.
24        (1) A person commits a false personation if he or she
25    knowingly and falsely represents himself or herself to be a
26    recipient of, or wears on his or her person, any of the

 

 

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1    following medals if that medal was not awarded to that
2    person by the United States Government, irrespective of
3    branch of service: The Congressional Medal of Honor, The
4    Distinguished Service Cross, The Navy Cross, The Air Force
5    Cross, The Silver Star, The Bronze Star, or the Purple
6    Heart with intent to obtain money, property, or other
7    tangible benefit.
8        (2) It is a defense to a prosecution under paragraph
9    (e)(1) that the medal is used, or is intended to be used,
10    exclusively:
11            (A) for a dramatic presentation, such as a
12        theatrical, film, or television production, or a
13        historical re-enactment; or
14            (B) for a costume worn, or intended to be worn, by
15        a person under 18 years of age.
16    (f) Sentence.
17        (1) A violation of paragraph (a)(8) is a petty offense
18    subject to a fine of not less than $5 nor more than $100,
19    and the person, firm, copartnership, or corporation
20    commits an additional petty offense for each day he, she,
21    or it continues to commit the violation. A violation of
22    paragraph (c)(1) is a petty offense, and the company,
23    association, or person commits an additional petty offense
24    for each day he, she, or it continues to commit the
25    violation. A violation of subsection (e) is a petty offense
26    for which the offender shall be fined at least $100 and not

 

 

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1    more than $200.
2        (2) A violation of paragraph (a)(1), (a)(3), or
3    (b)(7.5) is a Class C misdemeanor.
4        (2.5) A violation of subsection (e) is a Class B
5    misdemeanor. A second or subsequent violation of
6    subsection (e) is a Class A misdemeanor.
7        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
8    (b)(2), or (b)(7) or subsection (d) is a Class A
9    misdemeanor. A second or subsequent violation of
10    subsection (d) is a Class 3 felony.
11        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
12    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
13    Class 4 felony.
14        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
15    is a Class 3 felony.
16        (6) A violation of paragraph (b)(5) or (b)(10) is a
17    Class 2 felony.
18        (7) A violation of paragraph (b)(6) is a Class 1
19    felony.
20    (g) A violation of subsection (a)(1) through (a)(7) or
21subsection (e) of this Section may be accomplished in person or
22by any means of communication, including but not limited to the
23use of an Internet website or any form of electronic
24communication.
25(Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15.)