Bill Text: IL HB4567 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Library System Act. Provides that the rules and regulations established by the State Librarian for the administration of the Act shall be designed to promote security measures that provide safe and accessible library access. Provides that the program of State grants administered by the State Librarian shall include grants to improve or enhance security of a library. Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when the person knowingly transmits or causes to be transmitted in any manner a threat of destruction of a library building or library property, or a threat of violence, death, or bodily harm. Defines "library".

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Engrossed) 2024-06-13 - Added as Alternate Chief Co-Sponsor Sen. Linda Holmes [HB4567 Detail]

Download: Illinois-2023-HB4567-Engrossed.html

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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 12-9, 26-1, 29D-20, and 29D-25 as follows:
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials; human service
providers; library employees.
(a) A person commits threatening a public official, or
human service provider, or library employee when:
(1) that person knowingly delivers or conveys,
directly or indirectly, to a public official, or human
service provider, or library employee by any means a
communication, including electronically or via social
media:
(i) containing a threat that would place the
public official, or human service provider, or library
employee or a member of his or her immediate family in
reasonable apprehension of immediate or future bodily
harm, sexual assault, confinement, or restraint; or
(ii) containing a threat that would place the
public official, or human service provider, or library
employee or a member of his or her immediate family in

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reasonable apprehension that damage will occur to
property in the custody, care, or control of the
public official, human service provider, or library
employee or his or her immediate family; and
(2) the threat was conveyed by any means of
communication, including electronically or via social
media because of the performance or nonperformance of some
public duty or duty as a library employee or human service
provider, because of hostility of the person making the
threat toward the status or position of the public
official, or the human service provider, or library
employee, or because of any other factor related to the
official's public existence.
(a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of
a unique threat to the person, family or property of the
officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker,
caseworker, investigator, or human service provider, or
library employee the threat must contain specific facts
indicative of a unique threat to the person, family or
property of the individual and not a generalized threat of
harm.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected to
office in accordance with a statute or who is appointed to

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an office which is established, and the qualifications and
duties of which are prescribed, by statute, to discharge a
public duty for the State or any of its political
subdivisions or in the case of an elective office any
person who has filed the required documents for nomination
or election to such office. "Public official" includes a
duly appointed assistant State's Attorney, assistant
Attorney General, or Appellate Prosecutor; employee of any
State of Illinois constitutional office, State agency, or
the General Assembly; a sworn law enforcement or peace
officer; a social worker, caseworker, attorney, or
investigator employed by the Department of Healthcare and
Family Services, the Department of Human Services, the
Department of Children and Family Services, or the
Guardianship and Advocacy Commission; or an assistant
public guardian, attorney, social worker, case manager, or
investigator employed by a duly appointed public guardian.
(1.5) "Human service provider" means a social worker,
case worker, or investigator employed by an agency or
organization providing social work, case work, or
investigative services under a contract with or a grant
from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare
and Family Services, or the Department on Aging.
(1.6) "Library employee" means an employee of a public
library, including a library that is privately endowed or

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tax-supported and established under the Illinois Local
Library Act or the Public Library District Act of 1991.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official, or human service
provider, or library employee is a Class 3 felony for a first
offense and a Class 2 felony for a second or subsequent
offense.
(Source: P.A. 100-1, eff. 1-1-18.)
(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, including electronically or via social media, 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, including electronically or via social media, to
another a false alarm to the effect that a bomb or other

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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
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 in any
manner, including electronically or via social media, a
threat of destruction of a school or library building or
school or library property, or a threat of violence,
death, or bodily harm directed against persons at a school
or library, school or library function, or school or
library event, whether or not school is in session or the
library is open;
(4) Transmits or causes to be transmitted in any
manner, including electronically or via social media, 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 in any

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manner, including electronically or via social media, 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;
(6) Calls or texts the number "911" or transmits or
causes to be transmitted in any manner, including
electronically or via social media, to a public safety
agency or public safety answering point for the purpose of
making or transmitting a false alarm or complaint and
reporting information when, at the time the call, text, or
transmission is made, the person knows there is no
reasonable ground for making the call, text, or
transmission and further knows that the call, text, or
transmission could result in the emergency response of any
public safety agency;
(7) Transmits or causes to be transmitted in any
manner, including electronically or via social media, 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 in any
manner, including electronically or via social media, 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,

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or the MC/DD Act;
(9) Transmits or causes to be transmitted in any
manner, including electronically or via social media, 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 in any
manner, including electronically or via social media, a
false report under Article II of Public Act 83-1432;
(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
(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) Transmits or causes to be transmitted in any
manner, including electronically or via social media, a
lewd, lascivious, indecent or obscene message to a public

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official as defined in Section 12-9.
(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) 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
$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.

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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 or library that requires an emergency
response to reimburse the unit of government that employs the
emergency response officer or officers that were dispatched to
the school or library for the cost of the response. If the
court determines that the person convicted of disorderly
conduct that requires an emergency response to a school or
library is indigent, the provisions of this subsection (d) do
not apply.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3.5) or (6) of subsection (a) to
reimburse the 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 (3.5) or (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

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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. 103-366, eff. 1-1-24.)
(720 ILCS 5/29D-20)
Sec. 29D-20. Making a terrorist threat.
(a) A person is guilty of making a terrorist threat when,
with the intent to intimidate or coerce a significant portion
of a civilian population, he or she in any manner, including
electronically or via social media, knowingly threatens to
commit or threatens to cause the commission of a terrorist act
as defined in Section 29D-10(1) and thereby causes a
reasonable expectation or fear of the imminent commission of a
terrorist act as defined in Section 29D-10(1) or of another
terrorist act as defined in Section 29D-10(1).
(b) It is not a defense to a prosecution under this Section
that at the time the defendant made the terrorist threat,
unknown to the defendant, it was impossible to carry out the
threat, nor is it a defense that the threat was not made to a
person who was a subject or intended victim of the threatened
act.
(c) Sentence. Making a terrorist threat is a Class X
felony.

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(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of making a
terrorist threat involving a threat that a bomb or explosive
device has been placed in a school or library to reimburse the
unit of government that employs the emergency response officer
or officers that were dispatched to the school or library for
the cost of the search for a bomb or explosive device. For the
purposes of this Section, "emergency response" means any
incident requiring a response by a police officer, a
firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 96-413, eff. 8-13-09.)
(720 ILCS 5/29D-25)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person commits the offense of falsely making a
terrorist threat when in any manner, including by any means of
communication, including electronically or via social media,
he or she knowingly makes a threat to commit or cause to be
committed a terrorist act as defined in Section 29D-10(1) or
otherwise knowingly creates the impression or belief that a
terrorist act is about to be or has been committed, or in any
manner knowingly makes a threat to commit or cause to be
committed a catastrophe as defined in Section 29D-15.1 (720
ILCS 5/29D-15.1) of this Code that he or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a Class
1 felony.

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