HB4532 94TH GENERAL ASSEMBLY

LRB094 16788 RLC 52059 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4532

Introduced 1/11/2006, by Rep. Brandon W. Phelps - Donald L. Moffitt - John A. Fritchey - Linda Chapa LaVia - Harry R. Ramey, Jr.

SYNOPSIS AS INTRODUCED:

720 ILCS 5/26-1

from Ch. 38, par. 26-1

Amends the Criminal Code of 1961 relating to disorderly conduct. Provides that engaging in any loud protests of singing, chanting, whistling, or yelling with or without noise amplification, displaying any visual images that convey fighting words or actual or veiled threats against any other person, engaging in a directed protest march or picket at any public location when any of these activities are conducted within 300 feet of any entrance to a facility being used for a funeral or memorial service, or blocking access to such facility at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates is disorderly conduct in which the penalty is a Class C misdemeanor. Provides that the provisions of the Act are severable. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 26-1 as follows:

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

Sec. 26-1. Elements of the Offense.

(a) A person commits disorderly conduct when he or she knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

(2) Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or

(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or

(5) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

(6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

(7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or

(8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act; or

(9) Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

(10) Transmits or causes to be transmitted a false report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or

(11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

(12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency; or .

(13) Engages in any loud protests of singing, chanting, whistling, or yelling with or without noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 300 feet of any entrance to a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or

(14) Displays any visual images that convey fighting words or actual or veiled threats against any other person within 300 feet of any entrance to a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or

(15) Blocks access to any facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or

(16) Engages in a directed protest march or picket at any public location within 300 feet of any entrance to a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates.

(b) Sentence. A violation of subsection (a)(1), (a)(13), (a)(14), (a)(15), or (a)(16) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(11), or (a)(12) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.

A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony.

(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 92-16, eff. 6-28-01; 92-502, eff. 12-19-01; 93-431, eff. 8-5-03.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.