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| | HB4567 Engrossed | | LRB103 37112 RLC 67231 b |
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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, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Sections 12-9, 26-1, 29D-20, and 29D-25 as follows:
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6 | | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9) |
7 | | Sec. 12-9. Threatening public officials; human service |
8 | | providers ; library employees . |
9 | | (a) A person commits threatening a public official , or |
10 | | human service provider , or library employee when: |
11 | | (1) that person knowingly delivers or conveys, |
12 | | directly or indirectly, to a public official , or human |
13 | | service provider , or library employee by any means a |
14 | | communication , including electronically or via social |
15 | | media : |
16 | | (i) containing a threat that would place the |
17 | | public official , or human service provider , or library |
18 | | employee or a member of his or her immediate family in |
19 | | reasonable apprehension of immediate or future bodily |
20 | | harm, sexual assault, confinement, or restraint; or |
21 | | (ii) containing a threat that would place the |
22 | | public official , or human service provider , or library |
23 | | employee or a member of his or her immediate family in |
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1 | | reasonable apprehension that damage will occur to |
2 | | property in the custody, care, or control of the |
3 | | public official , human service provider, or library |
4 | | employee or his or her immediate family; and |
5 | | (2) the threat was conveyed by any means of |
6 | | communication, including electronically or via social |
7 | | media because of the performance or nonperformance of some |
8 | | public duty or duty as a library employee or human service |
9 | | provider, because of hostility of the person making the |
10 | | threat toward the status or position of the public |
11 | | official , or the human service provider, or library |
12 | | employee, or because of any other factor related to the |
13 | | official's public existence. |
14 | | (a-5) For purposes of a threat to a sworn law enforcement |
15 | | officer, the threat must contain specific facts indicative of |
16 | | a unique threat to the person, family or property of the |
17 | | officer and not a generalized threat of harm. |
18 | | (a-6) For purposes of a threat to a social worker, |
19 | | caseworker, investigator, or human service provider, or |
20 | | library employee the threat must contain specific facts |
21 | | indicative of a unique threat to the person, family or |
22 | | property of the individual and not a generalized threat of |
23 | | harm. |
24 | | (b) For purposes of this Section: |
25 | | (1) "Public official" means a person who is elected to |
26 | | office in accordance with a statute or who is appointed to |
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1 | | an office which is established, and the qualifications and |
2 | | duties of which are prescribed, by statute, to discharge a |
3 | | public duty for the State or any of its political |
4 | | subdivisions or in the case of an elective office any |
5 | | person who has filed the required documents for nomination |
6 | | or election to such office. "Public official" includes a |
7 | | duly appointed assistant State's Attorney , assistant |
8 | | Attorney General, or Appellate Prosecutor; employee of any |
9 | | State of Illinois constitutional office, State agency, or |
10 | | the General Assembly; a sworn law enforcement or peace |
11 | | officer; a social worker, caseworker, attorney, or |
12 | | investigator employed by the Department of Healthcare and |
13 | | Family Services, the Department of Human Services, the |
14 | | Department of Children and Family Services, or the |
15 | | Guardianship and Advocacy Commission; or an assistant |
16 | | public guardian, attorney, social worker, case manager, or |
17 | | investigator employed by a duly appointed public guardian. |
18 | | (1.5) "Human service provider" means a social worker, |
19 | | case worker, or investigator employed by an agency or |
20 | | organization providing social work, case work, or |
21 | | investigative services under a contract with or a grant |
22 | | from the Department of Human Services, the Department of |
23 | | Children and Family Services, the Department of Healthcare |
24 | | and Family Services, or the Department on Aging. |
25 | | (1.6) "Library employee" means an employee of a public |
26 | | library, including a library that is privately endowed or |
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1 | | tax-supported and established under the Illinois Local |
2 | | Library Act or the Public Library District Act of 1991. |
3 | | (2) "Immediate family" means a public official's |
4 | | spouse or child or children. |
5 | | (c) Threatening a public official , or human service |
6 | | provider , or library employee is a Class 3 felony for a first |
7 | | offense and a Class 2 felony for a second or subsequent |
8 | | offense. |
9 | | (Source: P.A. 100-1, eff. 1-1-18 .)
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10 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) |
11 | | Sec. 26-1. Disorderly conduct. |
12 | | (a) A person commits disorderly conduct when he or she |
13 | | knowingly: |
14 | | (1) Does any act in such unreasonable manner as to |
15 | | alarm or disturb another and to provoke a breach of the |
16 | | peace; |
17 | | (2) Transmits or causes to be transmitted in any |
18 | | manner , including electronically or via social media, to |
19 | | the fire department of any city, town, village or fire |
20 | | protection district a false alarm of fire, knowing at the |
21 | | time of the transmission that there is no reasonable |
22 | | ground for believing that the fire exists; |
23 | | (3) Transmits or causes to be transmitted in any |
24 | | manner , including electronically or via social media, to |
25 | | another a false alarm to the effect that a bomb or other |
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1 | | explosive of any nature or a container holding poison gas, |
2 | | a deadly biological or chemical contaminant, or |
3 | | radioactive substance is concealed in a place where its |
4 | | explosion or release would endanger human life, knowing at |
5 | | the time of the transmission that there is no reasonable |
6 | | ground for believing that the bomb, explosive or a |
7 | | container holding poison gas, a deadly biological or |
8 | | chemical contaminant, or radioactive substance is |
9 | | concealed in the place; |
10 | | (3.5) Transmits or causes to be transmitted in any |
11 | | manner , including electronically or via social media, a |
12 | | threat of destruction of a school or library building or |
13 | | school or library property, or a threat of violence, |
14 | | death, or bodily harm directed against persons at a school |
15 | | or library , school or library function, or school or |
16 | | library event, whether or not school is in session or the |
17 | | library is open ; |
18 | | (4) Transmits or causes to be transmitted in any |
19 | | manner , including electronically or via social media, to |
20 | | any peace officer, public officer or public employee a |
21 | | report to the effect that an offense will be committed, is |
22 | | being committed, or has been committed, knowing at the |
23 | | time of the transmission that there is no reasonable |
24 | | ground for believing that the offense will be committed, |
25 | | is being committed, or has been committed; |
26 | | (5) Transmits or causes to be transmitted in any |
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1 | | manner , including electronically or via social media, a |
2 | | false report to any public safety agency without the |
3 | | reasonable grounds necessary to believe that transmitting |
4 | | the report is necessary for the safety and welfare of the |
5 | | public; |
6 | | (6) Calls or texts the number "911" or transmits or |
7 | | causes to be transmitted in any manner , including |
8 | | electronically or via social media, to a public safety |
9 | | agency or public safety answering point for the purpose of |
10 | | making or transmitting a false alarm or complaint and |
11 | | reporting information when, at the time the call, text, or |
12 | | transmission is made, the person knows there is no |
13 | | reasonable ground for making the call, text, or |
14 | | transmission and further knows that the call, text, or |
15 | | transmission could result in the emergency response of any |
16 | | public safety agency; |
17 | | (7) Transmits or causes to be transmitted in any |
18 | | manner , including electronically or via social media, a |
19 | | false report to the Department of Children and Family |
20 | | Services under Section 4 of the Abused and Neglected Child |
21 | | Reporting Act; |
22 | | (8) Transmits or causes to be transmitted in any |
23 | | manner , including electronically or via social media, a |
24 | | false report to the Department of Public Health under the |
25 | | Nursing Home Care Act, the Specialized Mental Health |
26 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, |
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1 | | or the MC/DD Act; |
2 | | (9) Transmits or causes to be transmitted in any |
3 | | manner , including electronically or via social media, to |
4 | | the police department or fire department of any |
5 | | municipality or fire protection district, or any privately |
6 | | owned and operated ambulance service, a false request for |
7 | | an ambulance, emergency medical technician-ambulance or |
8 | | emergency medical technician-paramedic knowing at the time |
9 | | there is no reasonable ground for believing that the |
10 | | assistance is required; |
11 | | (10) Transmits or causes to be transmitted in any |
12 | | manner , including electronically or via social media, a |
13 | | false report under Article II of Public Act 83-1432; |
14 | | (11) Enters upon the property of another and for a |
15 | | lewd or unlawful purpose deliberately looks into a |
16 | | dwelling on the property through any window or other |
17 | | opening in it; or |
18 | | (12) While acting as a collection agency as defined in |
19 | | the Collection Agency Act or as an employee of the |
20 | | collection agency, and while attempting to collect an |
21 | | alleged debt, makes a telephone call to the alleged debtor |
22 | | which is designed to harass, annoy or intimidate the |
23 | | alleged debtor ; or . |
24 | | (13) Transmits or causes to be transmitted in any |
25 | | manner, including electronically or via social media, a |
26 | | lewd, lascivious, indecent or obscene message to a public |
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1 | | official as defined in Section 12-9. |
2 | | (b) Sentence. A violation of subsection (a)(1) of this |
3 | | Section is a Class C misdemeanor. A violation of subsection |
4 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A |
5 | | violation of subsection (a)(8) or (a)(10) of this Section is a |
6 | | Class B misdemeanor. A violation of subsection (a)(2), |
7 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is |
8 | | a Class 4 felony. A violation of subsection (a)(3) of this |
9 | | Section is a Class 3 felony, for which a fine of not less than |
10 | | $3,000 and no more than $10,000 shall be assessed in addition |
11 | | to any other penalty imposed. |
12 | | A violation of subsection (a)(12) of this Section is a |
13 | | Business Offense and shall be punished by a fine not to exceed |
14 | | $3,000. A second or subsequent violation of subsection (a)(7) |
15 | | or (a)(5) of this Section is a Class 4 felony. A third or |
16 | | subsequent violation of subsection (a)(11) of this Section is |
17 | | a Class 4 felony. |
18 | | (c) In addition to any other sentence that may be imposed, |
19 | | a court shall order any person convicted of disorderly conduct |
20 | | to perform community service for not less than 30 and not more |
21 | | than 120 hours, if community service is available in the |
22 | | jurisdiction and is funded and approved by the county board of |
23 | | the county where the offense was committed. In addition, |
24 | | whenever any person is placed on supervision for an alleged |
25 | | offense under this Section, the supervision shall be |
26 | | conditioned upon the performance of the community service. |
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1 | | This subsection does not apply when the court imposes a |
2 | | sentence of incarceration. |
3 | | (d) In addition to any other sentence that may be imposed, |
4 | | the court shall order any person convicted of disorderly |
5 | | conduct under paragraph (3) of subsection (a) involving a |
6 | | false alarm of a threat that a bomb or explosive device has |
7 | | been placed in a school or library that requires an emergency |
8 | | response to reimburse the unit of government that employs the |
9 | | emergency response officer or officers that were dispatched to |
10 | | the school or library for the cost of the response. If the |
11 | | court determines that the person convicted of disorderly |
12 | | conduct that requires an emergency response to a school or |
13 | | library is indigent, the provisions of this subsection (d) do |
14 | | not apply. |
15 | | (e) In addition to any other sentence that may be imposed, |
16 | | the court shall order any person convicted of disorderly |
17 | | conduct under paragraph (3.5) or (6) of subsection (a) to |
18 | | reimburse the public agency for the reasonable costs of the |
19 | | emergency response by the public agency up to $10,000. If the |
20 | | court determines that the person convicted of disorderly |
21 | | conduct under paragraph (3.5) or (6) of subsection (a) is |
22 | | indigent, the provisions of this subsection (e) do not apply. |
23 | | (f) For the purposes of this Section, "emergency response" |
24 | | means any condition that results in, or could result in, the |
25 | | response of a public official in an authorized emergency |
26 | | vehicle, any condition that jeopardizes or could jeopardize |
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1 | | public safety and results in, or could result in, the |
2 | | evacuation of any area, building, structure, vehicle, or of |
3 | | any other place that any person may enter, or any incident |
4 | | requiring a response by a police officer, a firefighter, a |
5 | | State Fire Marshal employee, or an ambulance. |
6 | | (Source: P.A. 103-366, eff. 1-1-24 .)
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7 | | (720 ILCS 5/29D-20) |
8 | | Sec. 29D-20. Making a terrorist threat. |
9 | | (a) A person is guilty of making a terrorist threat when, |
10 | | with the intent to intimidate or coerce a significant portion |
11 | | of a civilian population, he or she in any manner , including |
12 | | electronically or via social media, knowingly threatens to |
13 | | commit or threatens to cause the commission of a terrorist act |
14 | | as defined in Section 29D-10(1) and thereby causes a |
15 | | reasonable expectation or fear of the imminent commission of a |
16 | | terrorist act as defined in Section 29D-10(1) or of another |
17 | | terrorist act as defined in Section 29D-10(1). |
18 | | (b) It is not a defense to a prosecution under this Section |
19 | | that at the time the defendant made the terrorist threat, |
20 | | unknown to the defendant, it was impossible to carry out the |
21 | | threat, nor is it a defense that the threat was not made to a |
22 | | person who was a subject or intended victim of the threatened |
23 | | act. |
24 | | (c) Sentence. Making a terrorist threat is a Class X |
25 | | felony. |
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1 | | (d) In addition to any other sentence that may be imposed, |
2 | | the court shall order any person convicted of making a |
3 | | terrorist threat involving a threat that a bomb or explosive |
4 | | device has been placed in a school or library to reimburse the |
5 | | unit of government that employs the emergency response officer |
6 | | or officers that were dispatched to the school or library for |
7 | | the cost of the search for a bomb or explosive device. For the |
8 | | purposes of this Section, "emergency response" means any |
9 | | incident requiring a response by a police officer, a |
10 | | firefighter, a State Fire Marshal employee, or an ambulance. |
11 | | (Source: P.A. 96-413, eff. 8-13-09.)
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12 | | (720 ILCS 5/29D-25) |
13 | | Sec. 29D-25. Falsely making a terrorist threat. |
14 | | (a) A person commits the offense of falsely making a |
15 | | terrorist threat when in any manner , including by any means of |
16 | | communication, including electronically or via social media, |
17 | | he or she knowingly makes a threat to commit or cause to be |
18 | | committed a terrorist act as defined in Section 29D-10(1) or |
19 | | otherwise knowingly creates the impression or belief that a |
20 | | terrorist act is about to be or has been committed, or in any |
21 | | manner knowingly makes a threat to commit or cause to be |
22 | | committed a catastrophe as defined in Section 29D-15.1 (720 |
23 | | ILCS 5/29D-15.1) of this Code that he or she knows is false. |
24 | | (b) Sentence. Falsely making a terrorist threat is a Class |
25 | | 1 felony. |