Bill Text: IL HB4419 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is also disorderly conduct to knowingly upload a video of a crime being committed, a gang-related fight, a battery committed with the intent to cause a person to be made unconscious, or other display of violence to a social media website or social networking website with the intent to promote or condone that activity or refuse to provide a law enforcement agency or peace officer with that uploaded video upon request of that agency or officer. Provides that a violation is a Class A misdemeanor.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-02-11 - Added Chief Co-Sponsor Rep. Grant Wehrli [HB4419 Detail]

Download: Illinois-2015-HB4419-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4419 Introduced , by Rep. Terri Bryant SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-1 from Ch. 38, par. 26-1
Amends the Criminal Code of 2012. Provides that it is also disorderly conduct to knowingly upload a video of a crime being committed, a gang-related fight, a battery committed with the intent to cause a person to be made unconscious, or other display of violence to a social media website or social networking website with the intent to promote or condone that activity or refuse to provide a law enforcement agency or peace officer with that uploaded video upon request of that agency or officer. Provides that a violation is a Class A misdemeanor.
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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
Section 26-1 as follows:
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the
time of the transmission that there is no reasonable ground
for believing that the fire exists;
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other
explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or
radioactive substance is concealed in a place where its
explosion or release would endanger human life, knowing at

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the time of the transmission that there is no reasonable
ground for believing that the bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in the place;
(3.5) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,
whether or not school is in session;
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time
of the transmission that there is no reasonable ground for
believing that the offense will be committed, is being
committed, or has been committed;
(5) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting the report
is necessary for the safety and welfare of the public; or
(6) Calls the number "911" for the purpose of making or
transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the

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call or transmission could result in the emergency response
of any public safety agency;
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act";
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act,
or the MC/DD Act;
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that the
assistance is required;
(10) Transmits or causes to be transmitted a false
report under Article II of Public Act 83-1432 "An Act in
relation to victims of violence and abuse", approved
September 16, 1984, as amended;
(11) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or

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(12) While acting as a collection agency as defined in
the Collection Agency Act or as an employee of the
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor; or
(13) Uploads a video of a crime being committed, a
gang-related fight, a battery committed with the intent to
cause a person to be made unconscious, or other display of
violence to a social media website or social networking
website with the intent to promote or condone that activity
or refuses to provide a law enforcement agency or peace
officer with that uploaded video upon request of that
agency or officer.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5), or (a)(11), or (a)(13) of this Section is a Class A
misdemeanor. A violation of subsection (a)(8) or (a)(10) of
this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9)
of this Section is a Class 4 felony. A violation of subsection
(a)(3) of this Section is a Class 3 felony, for which a fine of
not less than $3,000 and no more than $10,000 shall be assessed
in addition to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed

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$3,000. A second or subsequent violation of subsection (a)(7)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) of this Section is a
Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 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 subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (6) of subsection (a) to reimburse the

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public agency for the reasonable costs of the emergency
response by the public agency up to $10,000. If the court
determines that the person convicted of disorderly conduct
under paragraph (6) of subsection (a) is indigent, the
provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of any
other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
99-180, eff. 7-29-15; revised 10-16-15.)