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Full Text of SB3738  101st General Assembly

SB3738 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3738

 

Introduced 2/14/2020, by Sen. Andy Manar

 

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 a false personation if he or she knowingly and falsely represents himself or herself to be a census worker employed by the federal or State government, or their regional intermediary, grantee, subgrantee, or temporary volunteer for the purpose of effectuating identity theft or in furtherance of the commission of a felony. Provides that a violation of false personation of a census worker is a Class 4 felony. Clarifies that the offense applies to both false personation accomplished in person or by any means of communication. Effective immediately.


LRB101 20705 RJF 70376 b

 

 

A BILL FOR

 

SB3738LRB101 20705 RJF 70376 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 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        (2.1) A person commits a false personation when he or
4    she knowingly and falsely represents himself or herself to
5    be:
6            (A) an active-duty member of the Armed Services or
7        Reserve Forces of the United States or the National
8        Guard or a veteran of the Armed Services or Reserve
9        Forces of the United States or the National Guard; and
10            (B) obtains money, property, or another tangible
11        benefit through that false representation.
12        In this paragraph, "member of the Armed Services or
13    Reserve Forces of the United States" means a member of the
14    United States Navy, Army, Air Force, Marine Corps, or Coast
15    Guard; and "veteran" means a person who has served in the
16    Armed Services or Reserve Forces of the United States or
17    the National Guard.
18        (2.5) A person commits a false personation when he or
19    she knowingly and falsely represents himself or herself to
20    be:
21            (A) another actual person and does an act in such
22        assumed character with intent to intimidate, threaten,
23        injure, defraud, or to obtain a benefit from another;
24        or
25            (B) a representative of an actual person or
26        organization and does an act in such false capacity

 

 

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1        with intent to obtain a benefit or to injure or defraud
2        another.
3        (3) No person shall knowingly use the words "Police",
4    "Police Department", "Patrolman", "Sergeant",
5    "Lieutenant", "Peace Officer", "Sheriff's Police",
6    "Sheriff", "Officer", "Law Enforcement", "Trooper",
7    "Deputy", "Deputy Sheriff", "State Police", or any other
8    words to the same effect (i) in the title of any
9    organization, magazine, or other publication without the
10    express approval of the named public safety personnel
11    organization's governing board or (ii) in combination with
12    the name of any state, state agency, public university, or
13    unit of local government without the express written
14    authorization of that state, state agency, public
15    university, or unit of local government.
16        (4) No person may knowingly claim or represent that he
17    or she is acting on behalf of any public safety personnel
18    organization when soliciting financial contributions or
19    selling or delivering or offering to sell or deliver any
20    merchandise, goods, services, memberships, or
21    advertisements unless the chief of the police department,
22    fire department, and the corporate or municipal authority
23    thereof, or the sheriff has first entered into a written
24    agreement with the person or with an organization with
25    which the person is affiliated and the agreement permits
26    the activity and specifies and states clearly and fully the

 

 

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

 

 

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

 

 

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1        merchandise, goods, services, memberships, or
2        advertisements, the soliciting or selling person and
3        the nongovernmental organization have entered into a
4        written contract that specifies and states clearly and
5        fully the purposes for which the proceeds of the
6        solicitation, contribution, or sale will be used.
7        (7) No person may knowingly claim or represent that he
8    or she is an airman, airline employee, airport employee, or
9    contractor at an airport in order to obtain the uniform,
10    identification card, license, or other identification
11    paraphernalia of an airman, airline employee, airport
12    employee, or contractor at an airport.
13        (8) No person, firm, copartnership, or corporation
14    (except corporations organized and doing business under
15    the Pawners Societies Act) shall knowingly use a name that
16    contains in it the words "Pawners' Society".
17    (b) False personation; public officials and employees. A
18person commits a false personation if he or she knowingly and
19falsely represents himself or herself to be any of the
20following:
21        (1) An attorney authorized to practice law for purposes
22    of compensation or consideration. This paragraph (b)(1)
23    does not apply to a person who unintentionally fails to pay
24    attorney registration fees established by Supreme Court
25    Rule.
26        (2) A public officer or a public employee or an

 

 

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1    official or employee of the federal government.
2        (2.3) A public officer, a public employee, or an
3    official or employee of the federal government, and the
4    false representation is made in furtherance of the
5    commission of felony.
6        (2.7) A public officer or a public employee, and the
7    false representation is for the purpose of effectuating
8    identity theft as defined in Section 16-30 of this Code.
9        (2.9) A census worker employed by the federal or State
10    government, or their regional intermediary, grantee,
11    subgrantee, or temporary volunteer for the purpose of
12    effectuating identity theft as defined in Section 16-30 of
13    this Code or in furtherance of the commission of a felony.
14        (3) A peace officer.
15        (4) A peace officer while carrying a deadly weapon.
16        (5) A peace officer in attempting or committing a
17    felony.
18        (6) A peace officer in attempting or committing a
19    forcible felony.
20        (7) The parent, legal guardian, or other relation of a
21    minor child to any public official, public employee, or
22    elementary or secondary school employee or administrator.
23        (7.5) The legal guardian, including any representative
24    of a State or public guardian, of a person with a
25    disability appointed under Article XIa of the Probate Act
26    of 1975.

 

 

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

 

 

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

 

 

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

 

 

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1    exclusively:
2            (A) for a dramatic presentation, such as a
3        theatrical, film, or television production, or a
4        historical re-enactment; or
5            (B) for a costume worn, or intended to be worn, by
6        a person under 18 years of age.
7    (f) Sentence.
8        (1) A violation of paragraph (a)(8) is a petty offense
9    subject to a fine of not less than $5 nor more than $100,
10    and the person, firm, copartnership, or corporation
11    commits an additional petty offense for each day he, she,
12    or it continues to commit the violation. A violation of
13    paragraph (c)(1) is a petty offense, and the company,
14    association, or person commits an additional petty offense
15    for each day he, she, or it continues to commit the
16    violation. A violation of paragraph (a)(2.1) or subsection
17    (e) is a petty offense for which the offender shall be
18    fined at least $100 and not more than $200.
19        (2) A violation of paragraph (a)(1), (a)(3), or
20    (b)(7.5) is a Class C misdemeanor.
21        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
22    (b)(2), or (b)(7) or subsection (d) is a Class A
23    misdemeanor. A second or subsequent violation of
24    subsection (d) is a Class 3 felony.
25        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
26    (b)(1), (b)(2.3), (b)(2.7), (b)(2.9), (b)(3), (b)(8), or

 

 

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1    (b)(11) is a Class 4 felony.
2        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
3    is a Class 3 felony.
4        (6) A violation of paragraph (b)(5) or (b)(10) is a
5    Class 2 felony.
6        (7) A violation of paragraph (b)(6) is a Class 1
7    felony.
8    (g) A violation of subsection (a)(1) through (a)(7),
9subsection (b)(2.9), or subsection (e) of this Section may be
10accomplished in person or by any means of communication,
11including but not limited to the use of an Internet website or
12any form of electronic communication.
13(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16;
14100-201, eff. 8-18-17.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.