Bill Text: IL HB0564 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is an aggravated assault if a person when, in committing an assault, threatens to kill a person who is under 13 years of age if the person committing the assault was at least 18 years of age at the time of the commission of the offense. Provides that it is harassment by telephone to knowingly make a telephone call or to knowingly induce a person to make a telephone call for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant is at least 18 years of age at the time of the commission of the offense. Provides that it is harassment through electronic communications to knowingly transmit an electronic communication or to knowingly induce a person to transmit an electronic communication for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant was at least 18 years of age at the time of the commission of the offense. Provides that these offenses are Class 3 felonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0564 Detail]

Download: Illinois-2021-HB0564-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0564 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/26.5-2
720 ILCS 5/26.5-3
720 ILCS 5/26.5-5
Amends the Criminal Code of 2012. Provides that it is an aggravated assault if a person when, in committing an assault, threatens to kill a person who is under 13 years of age if the person committing the assault was at least 18 years of age at the time of the commission of the offense. Provides that it is harassment by telephone to knowingly make a telephone call or to knowingly induce a person to make a telephone call for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant is at least 18 years of age at the time of the commission of the offense. Provides that it is harassment through electronic communications to knowingly transmit an electronic communication or to knowingly induce a person to transmit an electronic communication for the purpose of threatening to kill another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the threat, if the defendant was at least 18 years of age at the time of the commission of the offense. Provides that these offenses are Class 3 felonies.
LRB102 04419 RLC 14437 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0564 LRB102 04419 RLC 14437 b
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 12-2, 26.5-2, 26.5-3, and 26.5-5 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against
an individual who is on or about a public way, public property,
a public place of accommodation or amusement, or a sports
venue, or in a church, synagogue, mosque, or other building,
structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(3) A park district employee upon park grounds or

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grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention

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center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports
venue, on an indoor playing field or outdoor playing
field, or within the immediate vicinity of such a facility
or field.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.

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(11) A person under 13 years of age if the person
committing the assault was at least 18 years of age at the
time of the commission of the offense and threatens to
kill the person under 13 years of age.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device
attached to a firearm, or used in concert with a firearm,
so that the laser beam strikes near or in the immediate
vicinity of any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's

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department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in
a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision
(b)(4), in reasonable apprehension of being struck by the
moving motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
that aggravated assault as defined in subdivision (b)(4) and
(b)(7) is a Class 4 felony if a Category I, Category II, or
Category III weapon is used in the commission of the assault.
Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
4 felony. Aggravated assault as defined in subdivision
(b)(11), (c)(3), or (c)(8) is a Class 3 felony.

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(e) For the purposes of this Section, "Category I weapon",
"Category II weapon", and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this
Code.
(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
(720 ILCS 5/26.5-2)
Sec. 26.5-2. Harassment by telephone.
(a) A person commits harassment by telephone when he or
she uses telephone communication for any of the following
purposes:
(1) Making any comment, request, suggestion or
proposal which is obscene, lewd, lascivious, filthy or
indecent with an intent to offend;
(2) Making a telephone call, whether or not
conversation ensues, with intent to abuse, threaten or
harass any person at the called number;
(3) Making or causing the telephone of another
repeatedly to ring, with intent to harass any person at
the called number;
(4) Making repeated telephone calls, during which
conversation ensues, solely to harass any person at the
called number;
(5) Making a telephone call or knowingly inducing a
person to make a telephone call for the purpose of
harassing another person who is under 13 years of age,

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regardless of whether the person under 13 years of age
consents to the harassment, if the defendant is at least
16 years of age at the time of the commission of the
offense; or
(6) Knowingly permitting any telephone under one's
control to be used for any of the purposes mentioned
herein; or
(7) Knowingly making a telephone call or knowingly
inducing a person to make a telephone call for the purpose
of threatening to kill another person who is under 13
years of age, regardless of whether the person under 13
years of age consents to the threat, if the defendant is at
least 18 years of age at the time of the commission of the
offense.
(b) Every telephone directory published for distribution
to members of the general public shall contain a notice
setting forth a summary of the provisions of this Section. The
notice shall be printed in type which is no smaller than any
other type on the same page and shall be preceded by the word
"WARNING". All telephone companies in this State shall
cooperate with law enforcement agencies in using their
facilities and personnel to detect and prevent violations of
this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/26.5-3)

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Sec. 26.5-3. Harassment through electronic communications.
(a) A person commits harassment through electronic
communications when he or she uses electronic communication
for any of the following purposes:
(1) Making any comment, request, suggestion or
proposal which is obscene with an intent to offend;
(2) Interrupting, with the intent to harass, the
telephone service or the electronic communication service
of any person;
(3) Transmitting to any person, with the intent to
harass and regardless of whether the communication is read
in its entirety or at all, any file, document, or other
communication which prevents that person from using his or
her telephone service or electronic communications device;
(4) Transmitting an electronic communication or
knowingly inducing a person to transmit an electronic
communication for the purpose of harassing another person
who is under 13 years of age, regardless of whether the
person under 13 years of age consents to the harassment,
if the defendant is at least 16 years of age at the time of
the commission of the offense;
(5) Threatening injury to the person or to the
property of the person to whom an electronic communication
is directed or to any of his or her family or household
members; or
(6) Knowingly permitting any electronic communications

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device to be used for any of the purposes mentioned in this
subsection (a); or .
(7) Knowingly transmitting an electronic communication
or knowingly inducing a person to transmit an electronic
communication for the purpose of threatening to kill
another person who is under 13 years of age, regardless of
whether the person under 13 years of age consents to the
threat, if the defendant was at least 18 years of age at
the time of the commission of the offense.
(b) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/26.5-5)
Sec. 26.5-5. Sentence.
(a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 26.5-1, 26.5-2, or
26.5-3 of this Article is guilty of a Class B misdemeanor.

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Except as provided in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is a Class A misdemeanor, for which the court shall impose a
minimum of 14 days in jail or, if public or community service
is established in the county in which the offender was
convicted, 240 hours of public or community service.
(b) In any of the following circumstances, a person who
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
shall be guilty of a Class 4 felony:
(1) The person has 3 or more prior violations in the
last 10 years of harassment by telephone, harassment
through electronic communications, or any similar offense
of any other state;
(2) The person has previously violated the harassment
by telephone provisions, or the harassment through
electronic communications provisions, or committed any
similar offense in any other state with the same victim or
a member of the victim's family or household;
(3) At the time of the offense, the offender was under
conditions of bail, probation, conditional discharge,
mandatory supervised release or was the subject of an
order of protection, in this or any other state,
prohibiting contact with the victim or any member of the
victim's family or household;
(4) In the course of the offense, the offender
threatened to kill the victim or any member of the

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victim's family or household;
(5) The person has been convicted in the last 10 years
of a forcible felony as defined in Section 2-8 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(6) The person violates paragraph (5) of Section
26.5-2 or paragraph (4) of Section 26.5-3; or
(7) The person was at least 18 years of age at the time
of the commission of the offense and the victim was under
18 years of age at the time of the commission of the
offense.
(b-5) A person who violates paragraph (7) of subsection
(a) of Section 26.5-2 or paragraph (7) of subsection (a) of
Section 26.5-3 is guilty of a Class 3 felony.
(c) The court may order any person convicted under this
Article to submit to a psychiatric examination.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)