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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4419 Introduced , by Rep. Terri Bryant SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
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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 | |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 26-1 as follows:
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| 6 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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| 7 | | Sec. 26-1. Disorderly conduct.
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| 8 | | (a) A person commits disorderly conduct when he or she |
| 9 | | knowingly:
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| 10 | | (1) Does any act in such unreasonable manner as to |
| 11 | | alarm or disturb
another and to provoke a breach of the |
| 12 | | peace;
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| 13 | | (2) Transmits or causes to be transmitted in any manner |
| 14 | | to the fire
department of any city,
town, village or fire |
| 15 | | protection district a false alarm of fire, knowing
at the |
| 16 | | time of the transmission that there is no reasonable ground |
| 17 | | for
believing that the fire exists;
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| 18 | | (3) Transmits or causes to be transmitted in any manner |
| 19 | | to another a
false alarm to the effect that a bomb or other |
| 20 | | explosive of any nature or a
container holding poison gas, |
| 21 | | a deadly biological or chemical contaminant, or
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| 22 | | radioactive substance is concealed in a place where its |
| 23 | | explosion or release
would endanger human life, knowing at |
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| 1 | | the time of the transmission that there
is no reasonable |
| 2 | | ground for believing that the bomb, explosive or a |
| 3 | | container
holding poison gas, a deadly biological or |
| 4 | | chemical contaminant, or radioactive
substance is |
| 5 | | concealed in the place;
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| 6 | | (3.5) Transmits or causes to be transmitted a threat of |
| 7 | | destruction of a school building or school property, or a |
| 8 | | threat of violence, death, or bodily harm directed against |
| 9 | | persons at a school, school function, or school event, |
| 10 | | whether or not school is in session; |
| 11 | | (4) Transmits or causes to be transmitted in any manner |
| 12 | | to any peace
officer, public officer or public employee a |
| 13 | | report to the effect that an
offense will be committed, is |
| 14 | | being committed, or has been committed, knowing
at the time |
| 15 | | of the transmission that there is no reasonable ground for
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| 16 | | believing that the offense will be committed, is being |
| 17 | | committed, or has
been committed;
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| 18 | | (5) Transmits or causes to be transmitted a false |
| 19 | | report to any public
safety agency without the reasonable |
| 20 | | grounds necessary to believe that
transmitting the report |
| 21 | | is necessary for the safety and welfare of the
public; or
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| 22 | | (6) Calls the number "911" for the purpose of making or |
| 23 | | transmitting a
false alarm or complaint and reporting |
| 24 | | information when, at the time the call
or transmission is |
| 25 | | made, the person knows there is no reasonable ground for
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| 26 | | making the call or transmission and further knows that the |
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| 1 | | call or transmission
could result in the emergency response |
| 2 | | of any public safety agency;
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| 3 | | (7) Transmits or causes to be transmitted a false |
| 4 | | report to the
Department of Children and Family Services |
| 5 | | under Section 4 of the "Abused and
Neglected Child |
| 6 | | Reporting Act";
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| 7 | | (8) Transmits or causes to be transmitted a false |
| 8 | | report to the
Department of Public Health under the Nursing |
| 9 | | Home Care Act, the Specialized Mental Health |
| 10 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, |
| 11 | | or the MC/DD Act;
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| 12 | | (9) Transmits or causes to be transmitted in any manner |
| 13 | | to the police
department or fire department of any |
| 14 | | municipality or fire protection district,
or any privately |
| 15 | | owned and operated ambulance service, a false request for |
| 16 | | an
ambulance, emergency medical technician-ambulance or |
| 17 | | emergency medical
technician-paramedic knowing at the time |
| 18 | | there is no reasonable ground for
believing that the |
| 19 | | assistance is required;
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| 20 | | (10) Transmits or causes to be transmitted a false |
| 21 | | report under
Article II of Public Act 83-1432 "An Act in |
| 22 | | relation to victims of violence and abuse",
approved |
| 23 | | September 16, 1984, as amended;
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| 24 | | (11) Enters upon the property of another and for a lewd |
| 25 | | or unlawful
purpose deliberately looks into a dwelling on |
| 26 | | the property through any
window or other opening in it; or
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| 1 | | (12) While acting as a collection agency as defined in |
| 2 | | the
Collection Agency Act or as an employee of the |
| 3 | | collection agency, and
while attempting to collect an |
| 4 | | alleged debt, makes a telephone call to
the alleged debtor |
| 5 | | which is designed to harass, annoy or intimidate the
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| 6 | | alleged debtor; or |
| 7 | | (13) Uploads a video of a crime being committed, a |
| 8 | | gang-related fight, a battery committed with the intent to |
| 9 | | cause a person to be made unconscious, or other display of |
| 10 | | violence to a social media website or social networking |
| 11 | | website with the intent to promote or condone that activity |
| 12 | | or refuses to provide a law enforcement agency or peace |
| 13 | | officer with that uploaded video upon request of that |
| 14 | | agency or officer.
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| 15 | | (b) Sentence. A violation of subsection (a)(1) of this |
| 16 | | Section
is a Class C misdemeanor. A violation of subsection |
| 17 | | (a)(5), or (a)(11), or (a)(13) of this Section is a Class A |
| 18 | | misdemeanor. A violation of subsection
(a)(8) or (a)(10) of |
| 19 | | this Section is a Class B misdemeanor. A violation of
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| 20 | | subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) |
| 21 | | of this Section is a Class 4
felony. A
violation of subsection |
| 22 | | (a)(3) of this Section is a Class 3 felony, for which
a fine of |
| 23 | | not less than $3,000 and no more than $10,000 shall be assessed |
| 24 | | in
addition to any other penalty imposed.
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| 25 | | A violation of subsection (a)(12) of this Section is a |
| 26 | | Business Offense and
shall be punished by a fine not to exceed |
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| 1 | | $3,000. A second or subsequent
violation of subsection (a)(7) |
| 2 | | or (a)(5) of this Section is a Class
4 felony. A third or |
| 3 | | subsequent violation of subsection (a)(11) of this Section
is a |
| 4 | | Class 4 felony.
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| 5 | | (c) In addition to any other sentence that may be imposed, |
| 6 | | a court shall
order any person convicted of disorderly conduct |
| 7 | | to perform community service
for not less than 30 and not more |
| 8 | | than 120 hours, if community service is
available in the |
| 9 | | jurisdiction and is funded and approved by the county board of
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| 10 | | the county where the offense was committed. In addition, |
| 11 | | whenever any person
is placed on supervision for an alleged |
| 12 | | offense under this Section, the
supervision shall be |
| 13 | | conditioned upon the performance of the community service.
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| 14 | | This subsection does not apply when the court imposes a |
| 15 | | sentence of
incarceration. |
| 16 | | (d) In addition to any other sentence that may be imposed, |
| 17 | | the court shall
order any person convicted of disorderly |
| 18 | | conduct under paragraph (3) of subsection (a) involving a false |
| 19 | | alarm of a threat that a bomb or explosive device has been |
| 20 | | placed in a school to reimburse the unit of government that |
| 21 | | employs the emergency response officer or officers that were |
| 22 | | dispatched to the school for the cost of the search for a bomb |
| 23 | | or explosive device. |
| 24 | | (e) In addition to any other sentence that may be imposed, |
| 25 | | the court shall
order any person convicted of disorderly |
| 26 | | conduct under paragraph (6) of subsection (a) to reimburse the |
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| 1 | | public agency for the reasonable costs of the emergency |
| 2 | | response by the public agency up to $10,000. If the court |
| 3 | | determines that the person convicted of disorderly conduct |
| 4 | | under paragraph (6) of subsection (a) is indigent, the |
| 5 | | provisions of this subsection (e) do not apply. |
| 6 | | (f) For the purposes of this Section, "emergency response" |
| 7 | | means any condition that results in, or could result in, the |
| 8 | | response of a public official in an authorized emergency |
| 9 | | vehicle, any condition that jeopardizes or could jeopardize |
| 10 | | public safety and results in, or could result in, the |
| 11 | | evacuation of any area, building, structure, vehicle, or of any |
| 12 | | other place that any person may enter, or any incident |
| 13 | | requiring a response by a police officer, a firefighter, a |
| 14 | | State Fire Marshal employee, or an ambulance. |
| 15 | | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; |
| 16 | | 99-180, eff. 7-29-15; revised 10-16-15.)
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