Text of IL HB 4567 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4567 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-9 from Ch. 38, par. 12-9 720 ILCS 5/26-1 from Ch. 38, par. 26-1 720 ILCS 5/29D-20 720 ILCS 5/29D-25 Amends the Criminal Code of 2012. Includes in offense of threatening a public official or human service provider, threatening a library employee. Provides that the threat to a public official, human service provider, or library employee includes a threat made electronically or via social media. Defines "library employee". In the offense of threatening a public official, human service provider, or library employee, includes in the definition of "public official" an employee of any State of Illinois constitutional office, State agency, or the General Assembly. Provides that the offense of disorderly conduct includes transmitting or causing to be transmitted threats or false reports electronically or via social media. Provides that disorderly conduct includes the knowing transmission of or causing to be transmitted in any manner, including electronically or via social media, a lewd, lascivious, indecent, or obscene message to a public official. Provides that making a terrorist threat or falsely making a terrorist threat includes making a terrorist threat or falsely making a terrorist threat by any means of communication, including electronically or via social media. Makes other changes. LRB103 37112 RLC 67231 b A BILL FOR HB4567LRB103 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 HB4567- 2 -LRB103 37112 RLC 67231 b 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 HB4567- 3 -LRB103 37112 RLC 67231 b 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 HB4567- 4 -LRB103 37112 RLC 67231 b 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 HB4567- 5 -LRB103 37112 RLC 67231 b 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 HB4567- 6 -LRB103 37112 RLC 67231 b 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, HB4567- 7 -LRB103 37112 RLC 67231 b 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 HB4567- 8 -LRB103 37112 RLC 67231 b 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. HB4567- 9 -LRB103 37112 RLC 67231 b 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 HB4567- 10 -LRB103 37112 RLC 67231 b 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. HB4567- 11 -LRB103 37112 RLC 67231 b 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. HB4567- 12 -LRB103 37112 RLC 67231 b