State of Illinois
90th General Assembly
Legislation

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90_SB1684

      720 ILCS 5/26-1           from Ch. 38, par. 26-1
          Amends the Criminal Code of 1961.  Provide that it  is  a
      Class  A  misdemeanor  to  wilfully and unnecessarily hinder,
      obstruct, or delay or to wilfully and  unnecessarily  attempt
      to  hinder,  obstruct,  or  delay  any other person traveling
      along or upon a sidewalk or pedestrian  walkway  within  this
      State.
                                                     LRB9008811RCcd
                                               LRB9008811RCcd
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 26-1.
 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 26-1 as follows:
 7        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
 8        Sec. 26-1.  Elements of the Offense.
 9        (a)  A  person  commits  disorderly   conduct   when   he
10    knowingly:
11             (1)  Does  any act in such unreasonable manner as to
12        alarm or disturb another and to provoke a breach  of  the
13        peace; or
14             (2)  Transmits  or  causes  to be transmitted in any
15        manner to the fire department of any city, town,  village
16        or  fire  protection  district  a  false  alarm  of fire,
17        knowing at the time of such transmission that there is no
18        reasonable ground for believing that such fire exists; or
19             (3)  Transmits or causes to be  transmitted  in  any
20        manner to another a false alarm to the effect that a bomb
21        or  other  explosive  of  any nature is concealed in such
22        place that  its  explosion  would  endanger  human  life,
23        knowing at the time of such transmission that there is no
24        reasonable   ground  for  believing  that  such  bomb  or
25        explosive is concealed in such place; or
26             (4)  Transmits or causes to be  transmitted  in  any
27        manner  to  any  peace  officer, public officer or public
28        employee a report to the effect that an offense  will  be
29        committed,  is  being  committed,  or has been committed,
30        knowing at the time of such transmission that there is no
31        reasonable ground for believing that such an offense will
                            -2-                LRB9008811RCcd
 1        be committed, is being committed, or has been  committed;
 2        or
 3             (5)  Enters  upon  the property of another and for a
 4        lewd  or  unlawful  purpose  deliberately  looks  into  a
 5        dwelling on the property  through  any  window  or  other
 6        opening in it; or
 7             (6)  While  acting as a collection agency as defined
 8        in the "Collection Agency Act" or as an employee of  such
 9        collection  agency,  and  while  attempting to collect an
10        alleged debt, makes  a  telephone  call  to  the  alleged
11        debtor  which  is designed to harass, annoy or intimidate
12        the alleged debtor; or
13             (7)  Transmits or causes to be transmitted  a  false
14        report  to the Department of Children and Family Services
15        under Section  4  of  the  "Abused  and  Neglected  Child
16        Reporting Act"; or
17             (8)  Transmits  or  causes to be transmitted a false
18        report to the  Department  of  Public  Health  under  the
19        Nursing Home Care Act; or
20             (9)  Transmits  or  causes  to be transmitted in any
21        manner to the police department or fire department of any
22        municipality  or  fire  protection   district,   or   any
23        privately  owned  and operated ambulance service, a false
24        request   for    an    ambulance,    emergency    medical
25        technician-ambulance       or      emergency      medical
26        technician-paramedic knowing at  the  time  there  is  no
27        reasonable  ground  for believing that such assistance is
28        required; or
29             (10)  Transmits or causes to be transmitted a  false
30        report under Article II of "An Act in relation to victims
31        of  violence  and abuse", approved September 16, 1984, as
32        amended; or
33             (11)  Transmits or causes to be transmitted a  false
34        report to any public safety agency without the reasonable
                            -3-                LRB9008811RCcd
 1        grounds  necessary  to  believe  that transmitting such a
 2        report is necessary for the safety  and  welfare  of  the
 3        public; or
 4             (12)  Calls  the  number  "911"  for  the purpose of
 5        making or transmitting a false  alarm  or  complaint  and
 6        reporting  information  when,  at  the  time  the call or
 7        transmission is  made,  the  person  knows  there  is  no
 8        reasonable ground for making the call or transmission and
 9        further  knows that the call or transmission could result
10        in the emergency response of any  public  safety  agency;
11        or.
12             (13)  Wilfully and unnecessarily hinders, obstructs,
13        or  delays  or  wilfully  and  unnecessarily  attempts to
14        hinder, obstruct, or delay  any  other  person  traveling
15        along  or  upon any sidewalk or pedestrian walkway within
16        this State.
17        (b)  Sentence.
18        (1)  A violation of subsection (a) (1) of this Section is
19    a Class C misdemeanor. A violation  of  subsection  (a)  (7),
20    (a)(11),  or (a)(12), or (a)(13) of this Section is a Class A
21    misdemeanor. A violation of subsection (a) (5),  (a)  (8)  or
22    (a)  (10)  of  this  Section  is  a  Class  B  misdemeanor. A
23    violation of subsection (a) (2), (a) (3), (a)(4),  or  (a)(9)
24    of this Section is a Class 4 felony.
25        A  violation  of  subsection (a) (6) of this Section is a
26    Business Offense and shall be  punished  by  a  fine  not  to
27    exceed $3,000. A second or subsequent violation of subsection
28    (a)  (7),  (a)(11),  or  (a)(12) of this Section is a Class 4
29    felony.
30        (c)  In addition  to  any  other  sentence  that  may  be
31    imposed,   a  court  shall  order  any  person  convicted  of
32    disorderly conduct to perform community service for not  less
33    than  30 and not more than 120 hours, if community service is
34    available in the jurisdiction and is funded and  approved  by
                            -4-                LRB9008811RCcd
 1    the  county  board  of  the  county  where  the  offense  was
 2    committed.  In  addition,  whenever  any  person is placed on
 3    supervision for an alleged offense under  this  Section,  the
 4    supervision  shall be conditioned upon the performance of the
 5    community service.
 6        This subsection does not apply when the court  imposes  a
 7    sentence of incarceration.
 8    (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)

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