Illinois General Assembly - Full Text of HB3271
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Full Text of HB3271  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Natalie A. Manley


720 ILCS 5/26.5-0.1
720 ILCS 5/26.5-2

    Amends the Criminal Code of 2012. Provides that it is a crime to engage in telephonic solicitation of a person who is 65 years of age or older. Defines "telephonic solicitation".

LRB102 11874 KMF 17210 b





HB3271LRB102 11874 KMF 17210 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 Sections 26.5-0.1 and 26.5-2 as follows:
6    (720 ILCS 5/26.5-0.1)
7    Sec. 26.5-0.1. Definitions. As used in this Article:
8    "Electronic communication" means any transfer of signs,
9signals, writings, images, sounds, data or intelligence of any
10nature transmitted in whole or in part by a wire, radio,
11electromagnetic, photoelectric or photo-optical system.
12"Electronic communication" includes transmissions through an
13electronic device including, but not limited to, a telephone,
14cellular phone, computer, or pager, which communication
15includes, but is not limited to, e-mail, instant message, text
16message, or voice mail.
17    "Family or household member" includes spouses, former
18spouses, parents, children, stepchildren and other persons
19related by blood or by present or prior marriage, persons who
20share or formerly shared a common dwelling, persons who have
21or allegedly share a blood relationship through a child,
22persons who have or have had a dating or engagement
23relationship, and persons with disabilities and their personal



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1assistants. For purposes of this Article, neither a casual
2acquaintanceship nor ordinary fraternization between 2
3individuals in business or social contexts shall be deemed to
4constitute a dating relationship.
5    "Harass" or "harassing" means knowing conduct which is not
6necessary to accomplish a purpose that is reasonable under the
7circumstances, that would cause a reasonable person emotional
8distress and does cause emotional distress to another.
9    "Telephonic solicitation" means any voice or data
10communication made by a person to a telephonic subscriber for
11the purpose of: (i) encouraging a sale or rental of or
12investment in property, consumer goods, or services; (ii)
13encouraging an extension of credit for property, consumer
14goods, or services; (iii) obtaining information that will or
15may be used for the direct solicitation of a sale or rental of
16or investment in property, consumer goods, or services, or an
17extension of credit for such purposes; or (iv) a contribution
18to a charitable organization.
19(Source: P.A. 97-1108, eff. 1-1-13.)
20    (720 ILCS 5/26.5-2)
21    Sec. 26.5-2. Harassment by telephone.
22    (a) A person commits harassment by telephone when he or
23she uses telephone communication for any of the following
25        (1) Making any comment, request, suggestion or



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1    proposal which is obscene, lewd, lascivious, filthy or
2    indecent with an intent to offend;
3        (2) Making a telephone call, whether or not
4    conversation ensues, with intent to abuse, threaten or
5    harass any person at the called number;
6        (3) Making or causing the telephone of another
7    repeatedly to ring, with intent to harass any person at
8    the called number;
9        (4) Making repeated telephone calls, during which
10    conversation ensues, solely to harass any person at the
11    called number;
12        (5) Making a telephone call or knowingly inducing a
13    person to make a telephone call for the purpose of
14    harassing another person who is under 13 years of age,
15    regardless of whether the person under 13 years of age
16    consents to the harassment, if the defendant is at least
17    16 years of age at the time of the commission of the
18    offense; or
19        (6) Knowingly permitting any telephone under one's
20    control to be used for any of the purposes mentioned
21    herein; or .
22        (7) Engaging in telephonic solicitation of a person
23    who is 65 years of age or older.
24    (b) Every telephone directory published for distribution
25to members of the general public shall contain a notice
26setting forth a summary of the provisions of this Section. The



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1notice shall be printed in type which is no smaller than any
2other type on the same page and shall be preceded by the word
3"WARNING". All telephone companies in this State shall
4cooperate with law enforcement agencies in using their
5facilities and personnel to detect and prevent violations of
6this Article.
7(Source: P.A. 97-1108, eff. 1-1-13.)