Full Text of HB4121 94th General Assembly
HB4121enr 94TH GENERAL ASSEMBLY
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HB4121 Enrolled |
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LRB094 14139 RLC 49038 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 17-2 as follows:
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| (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
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| Sec. 17-2. False personation; use of title; solicitation; | 8 |
| certain
entities.
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| (a) A person commits a false personation when he or she | 10 |
| falsely represents
himself or herself to be a member or | 11 |
| representative of any
veterans' or public safety personnel | 12 |
| organization
or a representative of
any charitable | 13 |
| organization, or when any person exhibits or uses in any manner
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| any decal, badge or insignia of any
charitable, public safety | 15 |
| personnel, or veterans' organization
when not authorized to
do | 16 |
| so by the
charitable, public safety personnel, or veterans' | 17 |
| organization.
"Public safety personnel organization" has the | 18 |
| meaning ascribed to that term
in Section 1 of the Solicitation | 19 |
| for Charity Act.
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| (a-5) A person commits a false personation when he or she | 21 |
| falsely
represents himself or herself to be a veteran in | 22 |
| seeking employment or
public office.
In this subsection, | 23 |
| "veteran" means a person who has served in the
Armed Services | 24 |
| or Reserved Forces of the United States.
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| (a-6) A person commits a false personation when he or she | 26 |
| falsely represents himself or herself to be a recipient of, or | 27 |
| wears on his or her person, any of the following medals if that | 28 |
| medal was not awarded to that person by the United States | 29 |
| government, irrespective of branch of service: the | 30 |
| Congressional Medal of Honor, the Distinguished Service Cross, | 31 |
| the Navy Cross, the Air Force Cross, the Silver Star, the | 32 |
| Bronze Star, or the Purple Heart.
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| It is a defense to a prosecution under this subsection | 2 |
| (a-6) that the medal is used, or is intended to be used, | 3 |
| exclusively:
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| (1) for a dramatic presentation, such as a theatrical, | 5 |
| film, or television production, or a historical | 6 |
| re-enactment; or
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| (2) for a costume worn, or intended to be worn, by a | 8 |
| person under 18 years of age.
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| (b) No person shall use the words "Chicago Police," | 10 |
| "Chicago Police
Department," "Chicago Patrolman," "Chicago
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| Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
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| any other words to the same effect in the title
of any | 13 |
| organization, magazine, or other publication without the | 14 |
| express
approval of the Chicago Police Board.
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| (b-5) No person shall use the words "Cook County Sheriff's | 16 |
| Police" or
"Cook County Sheriff" or any other words to the same | 17 |
| effect in the title of any
organization, magazine, or other | 18 |
| publication without the express approval of
the office of the | 19 |
| Cook County Sheriff's Merit Board. The references to names
and | 20 |
| titles in
this
Section may not be construed as authorizing use | 21 |
| of the names and titles of
other organizations or public safety | 22 |
| personnel organizations otherwise
prohibited by this Section | 23 |
| or the Solicitation for Charity Act.
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| (c) (Blank).
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| (c-1) No person may claim or represent that he or she is | 26 |
| acting on behalf
of
any police
department, chief of a police | 27 |
| department, fire department, chief of a fire
department, | 28 |
| sheriff's
department, or sheriff when soliciting financial | 29 |
| contributions or selling or
delivering or offering
to sell or | 30 |
| deliver any merchandise, goods, services, memberships, or
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| advertisements unless the
chief of the police department, fire | 32 |
| department, and the
corporate or municipal authority thereof,
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| or the sheriff has first
entered into a written
agreement with | 34 |
| the person or with an organization with which the person is
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| affiliated and the
agreement permits the activity.
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| (c-2) No person, when soliciting financial contributions |
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LRB094 14139 RLC 49038 b |
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| or selling or
delivering or offering
to sell or deliver any | 2 |
| merchandise, goods, services, memberships, or
advertisements | 3 |
| may claim
or represent that he or she is representing or acting | 4 |
| on behalf of any
nongovernmental
organization by any name which | 5 |
| includes "officer", "peace officer", "police",
"law
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| enforcement", "trooper", "sheriff", "deputy", "deputy | 7 |
| sheriff", "State police",
or any other word
or words which | 8 |
| would reasonably be understood to imply that the organization | 9 |
| is
composed of
law enforcement personnel unless the person is | 10 |
| actually representing or acting
on behalf of the
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| nongovernmental organization, and the nongovernmental | 12 |
| organization is
controlled by and
governed by a membership of | 13 |
| and represents a group or association of active
duty peace | 14 |
| officers,
retired peace officers, or injured peace officers and | 15 |
| before commencing the
solicitation or the
sale or the offers to | 16 |
| sell any merchandise, goods, services, memberships, or
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| advertisements, a
written contract between the soliciting or | 18 |
| selling person and the
nongovernmental
organization has been | 19 |
| entered into.
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| (c-3) No person may solicit financial contributions or sell | 21 |
| or deliver or
offer to sell or
deliver any merchandise, goods, | 22 |
| services, memberships, or advertisements on
behalf of a police,
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| sheriff, or other law enforcement department unless that person | 24 |
| is actually
representing or acting
on behalf of the department | 25 |
| or governmental organization and has entered into a
written | 26 |
| contract
with the police chief, or head of the law enforcement | 27 |
| department,
and the corporate or
municipal authority thereof, | 28 |
| or the sheriff, which specifies and states clearly
and fully | 29 |
| the purposes for which
the proceeds of the solicitation, | 30 |
| contribution, or sale will be used.
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| (c-4) No person, when soliciting financial contributions | 32 |
| or selling or
delivering or
offering to sell or deliver any | 33 |
| merchandise, goods, services, memberships, or
advertisements,
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| may claim or represent that he or she is representing or acting | 35 |
| on behalf of
any nongovernmental
organization by any name which | 36 |
| includes the term "fireman", "fire fighter",
"paramedic", or |
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LRB094 14139 RLC 49038 b |
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| any
other word or words which would reasonably be understood to | 2 |
| imply that the
organization is
composed of fire fighter or | 3 |
| paramedic personnel unless the person is actually
representing | 4 |
| or
acting on behalf of the nongovernmental organization, and | 5 |
| the nongovernmental
organization is
controlled by and governed | 6 |
| by a membership of and represents a group or
association of | 7 |
| active
duty, retired, or injured fire fighters (for the | 8 |
| purposes of this Section,
"fire fighter" has the
meaning | 9 |
| ascribed to that term in Section 2 of the Illinois Fire | 10 |
| Protection
Training Act)
or active duty, retired, or injured | 11 |
| emergency medical technicians - ambulance,
emergency
medical | 12 |
| technicians - intermediate, emergency medical technicians - | 13 |
| paramedic,
ambulance
drivers, or other medical assistance or | 14 |
| first aid personnel, and before
commencing the solicitation
or | 15 |
| the sale or delivery or the offers to sell or deliver any | 16 |
| merchandise,
goods, services,
memberships, or advertisements, | 17 |
| a written contract between the soliciting
or selling person
and | 18 |
| the nongovernmental organization has been entered into.
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| (c-5) No person may solicit financial contributions or sell | 20 |
| or deliver or
offer to sell or
deliver any merchandise, goods, | 21 |
| services, memberships, or advertisements on
behalf of a
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| department or departments of fire fighters unless that person | 23 |
| is actually
representing or acting on
behalf of the department | 24 |
| or departments and has entered into a written contract
with the
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| department chief and corporate or municipal authority thereof | 26 |
| which specifies
and states clearly
and fully the purposes for | 27 |
| which the proceeds of the solicitation,
contribution, or sale | 28 |
| will be
used.
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| (c-6) No person may claim or represent that he or she is an | 30 |
| airman, airline employee, airport employee, or contractor at an | 31 |
| airport in order to obtain the uniform, identification card, | 32 |
| license, or other identification paraphernalia of an airman, | 33 |
| airline employee, airport employee, or contractor at an | 34 |
| airport.
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| (d) Sentence. False personation, unapproved use of a name | 36 |
| or title,
or solicitation in violation of subsection (a), (b), |
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| or (b-5)
of
this Section is a Class C misdemeanor. False | 2 |
| personation in violation of
subsections (a-5) and (c-6) is a | 3 |
| Class A misdemeanor.
False personation in violation of | 4 |
| subsection (a-6) of this Section is a petty offense for which | 5 |
| the offender shall be fined at least $100 and not exceeding | 6 |
| $200. Engaging in any activity in violation of subsection | 7 |
| (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section is a Class | 8 |
| 4 felony.
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| (Source: P.A. 94-548, eff. 8-11-05.)
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