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| [ Senate Amendment 001 ] |
90_HB1670ham001
LRB9004760WHdvam01
1 AMENDMENT TO HOUSE BILL 1670
2 AMENDMENT NO. . Amend House Bill 1670 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 17-2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 17-2 as follows:
10 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
11 Sec. 17-2. False personation; use of title;
12 solicitation; certain entities. Impersonating Veteran,
13 Member of Police, Fraternal or Veterans' Organization, or
14 Representative of Charitable Organization - Use of Words
15 "Chicago Police" etc. - Sentence.
16 (a) A person commits a false personation when he or she
17 falsely represents himself or herself to be a member or
18 representative of any police, fraternal or veteran's
19 organization, including but not limited to the Illinois
20 Police Association or the Illinois Sheriffs' Association, or
21 a representative of any charitable organization, or when any
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1 person exhibits or uses in any manner any decal, badge or
2 insignia of any police organization, including but not
3 limited to the Illinois Sheriffs' Association, when not
4 authorized to do so by such police organization.
5 (a-5) A person commits a false personation when he or
6 she falsely represents himself or herself to be a veteran in
7 seeking employment or public office. In this subsection,
8 "veteran" means a person who has served in the Armed Services
9 or Reserved Forces of the United States.
10 (b) No person shall use the words "Chicago Police,"
11 "Chicago Police Department," "Chicago Patrolman," "Chicago
12 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
13 any other words to the same effect in the title of any
14 organization, magazine, or other publication without the
15 express approval of the Chicago Police Board.
16 (c) No person may solicit advertisements to appear in
17 any firefighters', law enforcement or police officers'
18 magazine, journal or other publication without first having
19 obtained a current certificate of qualification from the
20 Illinois Attorney General. Upon the presentation of proof
21 that the applicant does in fact represent a legitimate and
22 bona fide firefighters', law enforcement or police officers'
23 publication, the Attorney General may issue to the applicant
24 a certificate of qualification to solicit advertisements on
25 behalf of such publication. The Attorney General shall
26 prescribe forms and promulgate rules governing the making of
27 applications and the certification of persons under this
28 subsection.
29 (c-5) No person may claim or represent that he or she is
30 acting on behalf of any police department, chief of a police
31 department, fire department, chief of a fire department,
32 sheriff's department, or sheriff when soliciting financial
33 contributions or selling or delivering or offering to sell or
34 deliver any merchandise, goods, or services unless the chief
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1 of the police department or fire department or the sheriff
2 has first entered into a written agreement with the person or
3 with an organization with which the person is affiliated and
4 the agreement permits the activity.
5 (c-10) No person, when soliciting financial contributions
6 or selling or delivering or offering to sell or deliver any
7 merchandise, goods, or services, may claim or represent that
8 he or she is representing or acting on behalf of any
9 nongovernmental organization by any name which includes, but
10 is not limited to, the term "officer", "peace officer",
11 "police", "law enforcement", "sheriff", "deputy", "deputy
12 sheriff", or "State police" which would reasonably be
13 understood to imply that the organization is composed of law
14 enforcement personnel unless the person is actually
15 representing or acting on behalf of the nongovernmental
16 organization and either of the following conditions is met:
17 (i) The nongovernmental organization represents a
18 group or association of active duty peace officers (for
19 purposes of this Section, "peace officer" has the meaning
20 ascribed to that term in Section 2-13) and some or all of
21 the net proceeds of the contributions, sales, or
22 deliveries are devoted to the purposes of the
23 organization; or
24 (ii) Before commencing the solicitations or the
25 sales or deliveries of or the offers to sell or deliver
26 any merchandise, goods, or services, the nongovernmental
27 organization enters into a written contract with a chief
28 of a police department, a police department, a sheriff,
29 a sheriff's department, a unit of local government, or a
30 group or association of active duty peace officers (for
31 purposes of this Section, "peace officer" has the meaning
32 ascribed to that term in Section 2-13) and the contract
33 contains a requirement that some or all of the net
34 proceeds of the contributions, sales, or deliveries shall
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1 be devoted to the purposes or benefit of the police
2 department, sheriff's department, unit of local
3 government, or group or association of active duty peace
4 officers.
5 (d) Sentence. False personation, unapproved use of a
6 name or title, or solicitation in violation of subsections
7 (a) and (b) of this Section is a Class C misdemeanor. False
8 personation in violation of subsection (a-5) is a Class A
9 misdemeanor. Solicitation in violation of subsection (c) of
10 this Section is a Class A misdemeanor. A second or
11 subsequent conviction for a violation of subsection (c) of
12 this Section committed after the first conviction is a Class
13 4 felony. Engaging in any activity in violation of
14 subsection (c-5) or (c-10) of this Section is a Class 4
15 felony.
16 (Source: P.A. 89-324, eff. 8-13-95.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".