Bill Text: IL SB1450 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012 concerning the offenses of intimidation and aggravated intimidation. Provides that a person also commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to cause the person to falsify, amend, or withdraw a report of his or her abuse. Provides that a person commits aggravated intimidation when he or she commits intimidation by causing a person 60 years of age or older or known to be a person with a disability to falsify, amend, or withdraw a report of his or her abuse. Provides that aggravated intimidation under these circumstances is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years. Defines "abuse" and "person with a disability".
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1450 Detail]
Download: Illinois-2019-SB1450-Introduced.html
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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 | Sections 12-0.1, 12-6, and 12-6.2 as follows:
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6 | (720 ILCS 5/12-0.1)
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7 | Sec. 12-0.1. Definitions. In this Article, unless the | ||||||||||||||||||||||||||||
8 | context clearly requires otherwise: | ||||||||||||||||||||||||||||
9 | "Abuse" means causing any physical, mental, or sexual | ||||||||||||||||||||||||||||
10 | injury to a person, including exploitation of that person's | ||||||||||||||||||||||||||||
11 | financial resources. | ||||||||||||||||||||||||||||
12 | "Bona fide labor dispute" means any controversy concerning | ||||||||||||||||||||||||||||
13 | wages, salaries, hours, working conditions, or benefits, | ||||||||||||||||||||||||||||
14 | including health and welfare, sick leave, insurance, and | ||||||||||||||||||||||||||||
15 | pension or retirement provisions, the making or maintaining of | ||||||||||||||||||||||||||||
16 | collective bargaining agreements, and the terms to be included | ||||||||||||||||||||||||||||
17 | in those agreements. | ||||||||||||||||||||||||||||
18 | "Coach" means a person recognized as a coach by the | ||||||||||||||||||||||||||||
19 | sanctioning authority that conducts an athletic contest. | ||||||||||||||||||||||||||||
20 | "Correctional institution employee" means a person | ||||||||||||||||||||||||||||
21 | employed by a penal institution. | ||||||||||||||||||||||||||||
22 | "Emergency medical services personnel" has the meaning | ||||||||||||||||||||||||||||
23 | specified in Section 3.5 of the Emergency Medical Services |
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1 | (EMS) Systems Act and shall include all ambulance crew members, | ||||||
2 | including drivers or pilots. | ||||||
3 | "Family or household members" include spouses, former | ||||||
4 | spouses, parents, children, stepchildren, and other persons | ||||||
5 | related by blood or by present or prior marriage, persons who | ||||||
6 | share or formerly shared a common dwelling, persons who have or | ||||||
7 | allegedly have a child in common, persons who share or | ||||||
8 | allegedly share a blood relationship through a child, persons | ||||||
9 | who have or have had a dating or engagement relationship, | ||||||
10 | persons with disabilities and their personal assistants, and | ||||||
11 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
12 | purposes of this Article, neither a casual acquaintanceship nor | ||||||
13 | ordinary fraternization between 2 individuals in business or | ||||||
14 | social contexts shall be deemed to constitute a dating | ||||||
15 | relationship. | ||||||
16 | "In the presence of a child" means in the physical presence | ||||||
17 | of a child or knowing or having reason to know that a child is | ||||||
18 | present and may see or hear an act constituting an offense. | ||||||
19 | "Park district employee" means a supervisor, director, | ||||||
20 | instructor, or other person employed by a park district. | ||||||
21 | "Person with a disability" means a person with a physical | ||||||
22 | disability or mental impairment, resulting from disease, | ||||||
23 | injury, functional disorder, or congenital condition that | ||||||
24 | renders the person incapable of adequately providing for his or | ||||||
25 | her own health and personal care. | ||||||
26 | "Person with a physical disability" means a person who |
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1 | suffers from a permanent and disabling physical | ||||||
2 | characteristic, resulting from disease, injury, functional | ||||||
3 | disorder, or congenital condition. | ||||||
4 | "Private security officer" means a registered employee of a | ||||||
5 | private security contractor agency under the Private | ||||||
6 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
7 | Vendor, and Locksmith Act of 2004. | ||||||
8 | "Probation officer" means a person as defined in the | ||||||
9 | Probation and Probation Officers Act. | ||||||
10 | "Sports official" means a person at an athletic contest who | ||||||
11 | enforces the rules of the contest, such as an umpire or | ||||||
12 | referee. | ||||||
13 | "Sports venue" means a publicly or privately owned sports | ||||||
14 | or entertainment arena, stadium, community or convention hall, | ||||||
15 | special event center, or amusement facility, or a special event | ||||||
16 | center in a public park, during the 12 hours before or after | ||||||
17 | the sanctioned sporting event. | ||||||
18 | "Streetgang", "streetgang member", and "criminal street | ||||||
19 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
20 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
21 | "Transit employee" means a driver, operator, or employee of | ||||||
22 | any transportation facility or system engaged in the business | ||||||
23 | of transporting the public for hire. | ||||||
24 | "Transit passenger" means a passenger of any | ||||||
25 | transportation facility or system engaged in the business of | ||||||
26 | transporting the public for hire, including a passenger using |
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1 | any area designated by a transportation facility or system as a | ||||||
2 | vehicle boarding, departure, or transfer location. | ||||||
3 | "Utility worker" means any of the following: | ||||||
4 | (1) A person employed by a public utility as defined in | ||||||
5 | Section 3-105 of the Public Utilities Act. | ||||||
6 | (2) An employee of a municipally owned utility. | ||||||
7 | (3) An employee of a cable television company. | ||||||
8 | (4) An employee of an electric cooperative as defined | ||||||
9 | in Section 3-119 of the Public Utilities Act. | ||||||
10 | (5) An independent contractor or an employee of an | ||||||
11 | independent contractor working on behalf of a cable | ||||||
12 | television company, public utility, municipally owned | ||||||
13 | utility, or electric cooperative. | ||||||
14 | (6) An employee of a telecommunications carrier as | ||||||
15 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
16 | an independent contractor or an employee of an independent | ||||||
17 | contractor working on behalf of a telecommunications | ||||||
18 | carrier. | ||||||
19 | (7) An employee of a telephone or telecommunications | ||||||
20 | cooperative as defined in Section 13-212 of the Public | ||||||
21 | Utilities Act, or an independent contractor or an employee | ||||||
22 | of an independent contractor working on behalf of a | ||||||
23 | telephone or telecommunications cooperative.
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24 | (Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
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25 | (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
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1 | Sec. 12-6. Intimidation.
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2 | (a) A person commits intimidation when, with intent to | ||||||
3 | cause another to
perform or to omit the performance of any act, | ||||||
4 | he or she communicates to
another, directly or indirectly by | ||||||
5 | any means, a
threat to perform without lawful authority any of | ||||||
6 | the following acts:
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7 | (1) Inflict physical harm on the person threatened or | ||||||
8 | any other
person or on property; or
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9 | (2) Subject any person to physical confinement or | ||||||
10 | restraint; or
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11 | (3) Commit a felony or Class A misdemeanor; or
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12 | (4) Accuse any person of an offense; or
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13 | (5) Expose any person to hatred, contempt or ridicule; | ||||||
14 | or
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15 | (6) Take action as a public official against anyone or | ||||||
16 | anything, or
withhold official action, or cause such action | ||||||
17 | or withholding; or
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18 | (7) Bring about or continue a strike, boycott or other | ||||||
19 | collective
action ; or .
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20 | (8) Cause a person to falsify, amend, or withdraw a | ||||||
21 | report of his or her abuse. | ||||||
22 | (b) Sentence.
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23 | Intimidation is a Class 3 felony for which an offender may | ||||||
24 | be sentenced to
a term of imprisonment of not less than 2 years | ||||||
25 | and not more than 10 years.
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26 | (Source: P.A. 96-1551, eff. 7-1-11 .)
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1 | (720 ILCS 5/12-6.2)
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2 | Sec. 12-6.2. Aggravated intimidation.
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3 | (a) A person commits aggravated intimidation when he or she
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4 | commits intimidation and:
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5 | (1) the person committed the offense in furtherance of | ||||||
6 | the activities of
an organized gang or because of the | ||||||
7 | person's membership in or allegiance to an
organized gang; | ||||||
8 | or
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9 | (2) the offense is committed with the intent to prevent | ||||||
10 | any person from
becoming a community policing volunteer; or
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11 | (3) the following conditions are met:
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12 | (A) the person knew that the victim was a peace | ||||||
13 | officer,
a correctional
institution employee, a | ||||||
14 | fireman, a community policing volunteer, or a civilian | ||||||
15 | reporting information regarding a forcible felony to a | ||||||
16 | law enforcement agency;
and
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17 | (B) the offense was committed: | ||||||
18 | (i) while the victim was engaged in the
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19 | execution of his or her official duties; or | ||||||
20 | (ii) to prevent the victim from
performing his | ||||||
21 | or her official duties; | ||||||
22 | (iii) in retaliation for the victim's
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23 | performance of his or her official duties; | ||||||
24 | (iv) by reason of any person's
activity as a | ||||||
25 | community policing volunteer; or
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1 | (v) because the person reported information | ||||||
2 | regarding a forcible felony to a law enforcement | ||||||
3 | agency. | ||||||
4 | (a-5) A person commits aggravated intimidation when he or | ||||||
5 | she
commits intimidation under paragraph (8) of subsection (a) | ||||||
6 | of Section 12-6 and the person knew that the victim was 60 | ||||||
7 | years of age or older or knew that the person was a person with | ||||||
8 | a disability. | ||||||
9 | (b) Sentence. Aggravated intimidation as defined in | ||||||
10 | paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation | ||||||
11 | as defined in paragraph (a)(2) , or (a)(3) , or (a-5) is
a Class | ||||||
12 | 2 felony
for which the offender may be sentenced to a term of | ||||||
13 | imprisonment of not less
than 3 years nor more than 14 years.
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14 | (c) (Blank).
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15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; | ||||||
16 | 97-1109, eff. 1-1-13.)
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