Bill Text: IL HB0392 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0392 Detail]

Download: Illinois-2017-HB0392-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0392 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that public indecency is a Class 4 felony if committed by a person 17 years or older who is within the secure grounds of a penal institution, youth center, correctional facility, or other facility used to detain a person charged with or convicted of a criminal offense. Provides that public indecency is a Class 3 felony (rather than Class 4 felony) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds. Provides that a person commits mob action when he or she engages in the knowing or reckless use of force or violence that creates a disruption in the operations or programs within a State, county, or local youth center, correctional facility, or other facility used to detain any person charged with or convicted of a criminal offense by 2 or more persons acting together and without the authority of law. Provides that a participant in a mob action who does not withdraw when commanded to do so by a peace officer or correctional facility employee commits a Class 4 felony (rather than a Class A misdemeanor). Increases other criminal penalties relating to mob action. Provides that a person convicted for a violation of resisting or obstructing a peace officer, firefighter, or correctional employee whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 3 felony (rather than a Class 4 felony). Defines "youth center".
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 2012 is amended by changing
Sections 11-30, 25-1, and 31-1 and by adding Section 2-23 as
follows:
(720 ILCS 5/2-23 new)
Sec. 2-23. "Youth center".
"Youth center" means a facility operated by the Department
of Juvenile Justice or other juvenile detention facility.
(720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
Sec. 11-30. Public indecency.
(a) Any person of the age of 17 years and upwards who
performs any of the following acts in a public place commits a
public indecency:
(1) An act of sexual penetration or sexual conduct; or
(2) A lewd exposure of the body done with intent to
arouse or to satisfy the sexual desire of the person.
Breast-feeding of infants is not an act of public
indecency.
(b) "Public place" for purposes of this Section means any
place where the conduct may reasonably be expected to be viewed

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by others.
(c) Sentence.
Public indecency is a Class A misdemeanor. A person
convicted of a third or subsequent violation for public
indecency is guilty of a Class 4 felony. Public indecency is a
Class 4 felony if committed by a person 17 years or older who
is within the secure grounds of a penal institution, youth
center, correctional facility, or other facility used to detain
a person charged with or convicted of a criminal offense.
Public indecency is a Class 3 4 felony if committed by a person
18 years of age or older who is on or within 500 feet of
elementary or secondary school grounds when children are
present on the grounds.
(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)
(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
Sec. 25-1. Mob action.
(a) A person commits mob action when he or she engages in
any of the following:
(1) the knowing or reckless use of force or violence
disturbing the public peace by 2 or more persons acting
together and without authority of law;
(1.5) the knowing or reckless use of force or violence
that creates a disruption in the operations or programs
within a State, county, youth center, correctional
facility, or other facility used to detain any person

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charged with or convicted of a criminal offense by 2 or
more persons acting together and without the authority of
law;
(2) the knowing assembly of 2 or more persons with the
intent to commit or facilitate the commission of a felony
or misdemeanor; or
(3) the knowing assembly of 2 or more persons, without
authority of law, for the purpose of doing violence to the
person or property of anyone supposed to have been guilty
of a violation of the law, or for the purpose of exercising
correctional powers or regulative powers over any person by
violence.
(b) Sentence.
(1) Mob action in violation of paragraph (1) or (1.5)
of subsection (a) is a Class 3 4 felony.
(2) Mob action in violation of paragraph paragraphs (2)
or and (3) of subsection (a) is a Class C misdemeanor.
(3) A participant in a mob action that by violence
inflicts injury to the person or property of another
commits a Class 2 4 felony.
(4) A participant in a mob action who does not withdraw
when commanded to do so by a peace officer or correctional
facility employee commits a Class 4 felony A misdemeanor.
(5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of mob
action to perform community service for not less than 30

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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 paragraph does not apply when
the court imposes a sentence of incarceration.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.
(a) A person who knowingly resists or obstructs the
performance by one known to the person to be a peace officer,
firefighter, or correctional institution employee of any
authorized act within his or her official capacity commits a
Class A misdemeanor.
(a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or

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community service.
(a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 3 4 felony.
(b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation of
parole, a violation of aftercare release, a violation of
mandatory supervised release, or awaiting a bail setting
hearing or preliminary hearing, or who are sexually dangerous
persons or who are sexually violent persons; and "firefighter"
means any individual, either as an employee or volunteer, of a
regularly constituted fire department of a municipality or fire
protection district who performs fire fighting duties,
including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person,
pipe person, and any other member of a regularly constituted
fire department. "Firefighter" also means a person employed by
the Office of the State Fire Marshal to conduct arson
investigations.

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(c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of one
known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
(Source: P.A. 98-558, eff. 1-1-14.)
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INDEX
Statutes amended in order of appearance