HB4567 EngrossedLRB103 37112 RLC 67231 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5changing Sections 12-9, 26-1, 29D-20, and 29D-25 as follows:
6 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
7 Sec. 12-9. Threatening public officials; human service
8providers; library employees.
9 (a) A person commits threatening a public official, or
10human 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
15officer, the threat must contain specific facts indicative of
16a unique threat to the person, family or property of the
17officer and not a generalized threat of harm.
18 (a-6) For purposes of a threat to a social worker,
19caseworker, investigator, or human service provider, or
20library employee the threat must contain specific facts
21indicative of a unique threat to the person, family or
22property of the individual and not a generalized threat of
23harm.
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
6provider, or library employee is a Class 3 felony for a first
7offense and a Class 2 felony for a second or subsequent
8offense.
9(Source: P.A. 100-1, eff. 1-1-18.)
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
13knowingly:
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
3Section is a Class C misdemeanor. A violation of subsection
4(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
5violation of subsection (a)(8) or (a)(10) of this Section is a
6Class 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
8a Class 4 felony. A violation of subsection (a)(3) of this
9Section 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
11to any other penalty imposed.
12 A violation of subsection (a)(12) of this Section is a
13Business Offense and shall be punished by a fine not to exceed
14$3,000. A second or subsequent violation of subsection (a)(7)
15or (a)(5) of this Section is a Class 4 felony. A third or
16subsequent violation of subsection (a)(11) of this Section is
17a Class 4 felony.
18 (c) In addition to any other sentence that may be imposed,
19a court shall order any person convicted of disorderly conduct
20to perform community service for not less than 30 and not more
21than 120 hours, if community service is available in the
22jurisdiction and is funded and approved by the county board of
23the county where the offense was committed. In addition,
24whenever any person is placed on supervision for an alleged
25offense under this Section, the supervision shall be
26conditioned upon the performance of the community service.

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1 This subsection does not apply when the court imposes a
2sentence of incarceration.
3 (d) In addition to any other sentence that may be imposed,
4the court shall order any person convicted of disorderly
5conduct under paragraph (3) of subsection (a) involving a
6false alarm of a threat that a bomb or explosive device has
7been placed in a school or library that requires an emergency
8response to reimburse the unit of government that employs the
9emergency response officer or officers that were dispatched to
10the school or library for the cost of the response. If the
11court determines that the person convicted of disorderly
12conduct that requires an emergency response to a school or
13library is indigent, the provisions of this subsection (d) do
14not apply.
15 (e) In addition to any other sentence that may be imposed,
16the court shall order any person convicted of disorderly
17conduct under paragraph (3.5) or (6) of subsection (a) to
18reimburse the public agency for the reasonable costs of the
19emergency response by the public agency up to $10,000. If the
20court determines that the person convicted of disorderly
21conduct under paragraph (3.5) or (6) of subsection (a) is
22indigent, the provisions of this subsection (e) do not apply.
23 (f) For the purposes of this Section, "emergency response"
24means any condition that results in, or could result in, the
25response of a public official in an authorized emergency
26vehicle, any condition that jeopardizes or could jeopardize

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1public safety and results in, or could result in, the
2evacuation of any area, building, structure, vehicle, or of
3any other place that any person may enter, or any incident
4requiring a response by a police officer, a firefighter, a
5State Fire Marshal employee, or an ambulance.
6(Source: P.A. 103-366, eff. 1-1-24.)
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,
10with the intent to intimidate or coerce a significant portion
11of a civilian population, he or she in any manner, including
12electronically or via social media, knowingly threatens to
13commit or threatens to cause the commission of a terrorist act
14as defined in Section 29D-10(1) and thereby causes a
15reasonable expectation or fear of the imminent commission of a
16terrorist act as defined in Section 29D-10(1) or of another
17terrorist act as defined in Section 29D-10(1).
18 (b) It is not a defense to a prosecution under this Section
19that at the time the defendant made the terrorist threat,
20unknown to the defendant, it was impossible to carry out the
21threat, nor is it a defense that the threat was not made to a
22person who was a subject or intended victim of the threatened
23act.
24 (c) Sentence. Making a terrorist threat is a Class X
25felony.

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1 (d) In addition to any other sentence that may be imposed,
2the court shall order any person convicted of making a
3terrorist threat involving a threat that a bomb or explosive
4device has been placed in a school or library to reimburse the
5unit of government that employs the emergency response officer
6or officers that were dispatched to the school or library for
7the cost of the search for a bomb or explosive device. For the
8purposes of this Section, "emergency response" means any
9incident requiring a response by a police officer, a
10firefighter, a State Fire Marshal employee, or an ambulance.
11(Source: P.A. 96-413, eff. 8-13-09.)
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
15terrorist threat when in any manner, including by any means of
16communication, including electronically or via social media,
17he or she knowingly makes a threat to commit or cause to be
18committed a terrorist act as defined in Section 29D-10(1) or
19otherwise knowingly creates the impression or belief that a
20terrorist act is about to be or has been committed, or in any
21manner knowingly makes a threat to commit or cause to be
22committed a catastrophe as defined in Section 29D-15.1 (720
23ILCS 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
251 felony.

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