State of Illinois
90th General Assembly
Legislation

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90_HB1670

      720 ILCS 5/17-2           from Ch. 38, par. 17-2
          Amends the Criminal Code of 1961.  Makes  it  a  Class  4
      felony  for  a person to claim or represent that he or she is
      acting on behalf of any police department,  fire  department,
      or    sheriff's    department   when   soliciting   financial
      contributions or selling or delivering or offering to sell or
      deliver any merchandise, goods, or services unless the  chief
      of  the  police  department or fire department or the sheriff
      has first entered into a written agreement with the person or
      with an organization with which the person is affiliated  and
      the agreement permits the activity.  Effective immediately.
                                                     LRB9004760WHmg
                                               LRB9004760WHmg
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 17-2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 17-2 as follows:
 7        (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
 8        Sec.   17-2.  False   personation;    use    of    title;
 9    solicitation;  certain  entities.     Impersonating  Veteran,
10    Member  of  Police,  Fraternal  or Veterans' Organization, or
11    Representative of Charitable  Organization  -  Use  of  Words
12    "Chicago Police" etc. - Sentence.
13        (a)  A  person commits a false personation when he or she
14    falsely represents himself or herself to be a member  of  any
15    police,  fraternal  or  veteran's organization, including the
16    Illinois Police  Association,  or  a  representative  of  any
17    charitable  organization, or when any person exhibits or uses
18    in any manner any decal, badge  or  insignia  of  any  police
19    organization  when  not  authorized  to  do so by such police
20    organization.
21        (a-5)  A person commits a false personation  when  he  or
22    she  falsely represents himself or herself to be a veteran in
23    seeking employment or  public  office.  In  this  subsection,
24    "veteran" means a person who has served in the Armed Services
25    or Reserved Forces of the United States.
26        (b)  No  person  shall  use  the  words "Chicago Police,"
27    "Chicago Police Department,"  "Chicago  Patrolman,"  "Chicago
28    Sergeant,"  "Chicago  Lieutenant," "Chicago Peace Officer" or
29    any other words to the  same  effect  in  the  title  of  any
30    organization,  magazine,  or  other  publication  without the
31    express approval of the Chicago Police Board.
                            -2-                LRB9004760WHmg
 1        (c)  No person may solicit advertisements  to  appear  in
 2    any   firefighters',  law  enforcement  or  police  officers'
 3    magazine, journal or other publication without  first  having
 4    obtained  a  current  certificate  of  qualification from the
 5    Illinois Attorney General.  Upon the  presentation  of  proof
 6    that  the  applicant  does in fact represent a legitimate and
 7    bona fide firefighters', law enforcement or police  officers'
 8    publication,  the Attorney General may issue to the applicant
 9    a certificate of qualification to solicit  advertisements  on
10    behalf  of  such  publication.   The  Attorney  General shall
11    prescribe forms and promulgate rules governing the making  of
12    applications  and  the  certification  of  persons under this
13    subsection.
14        (c-5)  No person may claim or represent that he or she is
15    acting on behalf of any police department,  fire  department,
16    or    sheriff's    department   when   soliciting   financial
17    contributions or selling or delivering or offering to sell or
18    deliver any merchandise, goods, or services unless the  chief
19    of  the  police  department or fire department or the sheriff
20    has first entered into a written agreement with the person or
21    with an organization with which the person is  affiliated and
22    the agreement permits the activity.
23        (d)  Sentence. False personation,  unapproved  use  of  a
24    name  or  title,  or solicitation in violation of subsections
25    (a) and (b) of this Section is a Class C misdemeanor.   False
26    personation  in  violation  of  subsection (a-5) is a Class A
27    misdemeanor.  Solicitation in violation of subsection (c)  of
28    this   Section  is  a  Class  A  misdemeanor.   A  second  or
29    subsequent conviction for a violation of  subsection  (c)  of
30    this  Section committed after the first conviction is a Class
31    4  felony.   Engaging  in  any  activity  in   violation   of
32    subsection (c-5) of this Section is a Class 4 felony.
33    (Source: P.A. 89-324, eff. 8-13-95.)
                            -3-                LRB9004760WHmg
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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