Bill Text: IL HB1579 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Juvenile Court Act of 1987. Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court shall order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Provides that a statement made by a minor during the course of a mental health evaluation conducted under the Act is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under the Act. Amends the Criminal Code of 2012 concerning disorderly conduct. Provides that the threat may be made in any manner. Provides that reimbursement by the defendant for the costs of an emergency response to a school does not apply if the court determines that the defendant is indigent.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [HB1579 Detail]

Download: Illinois-2019-HB1579-Enrolled.html



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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 Juvenile Court Act of 1987 is amended by
5changing Section 5-705 as follows:
6 (705 ILCS 405/5-705)
7 Sec. 5-705. Sentencing hearing; evidence; continuance.
8 (1) In this subsection (1), "violent crime" has the same
9meaning ascribed to the term in subsection (c) of Section 3 of
10the Rights of Crime Victims and Witnesses Act. At the
11sentencing hearing, the court shall determine whether it is in
12the best interests of the minor or the public that he or she be
13made a ward of the court, and, if he or she is to be made a ward
14of the court, the court shall determine the proper disposition
15best serving the interests of the minor and the public. All
16evidence helpful in determining these questions, including
17oral and written reports, may be admitted and may be relied
18upon to the extent of its probative value, even though not
19competent for the purposes of the trial. A crime victim shall
20be allowed to present an oral or written statement, as
21guaranteed by Article I, Section 8.1 of the Illinois
22Constitution and as provided in Section 6 of the Rights of
23Crime Victims and Witnesses Act, in any case in which: (a) a

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1juvenile has been adjudicated delinquent for a violent crime
2after a bench or jury trial; or (b) the petition alleged the
3commission of a violent crime and the juvenile has been
4adjudicated delinquent under a plea agreement of a crime that
5is not a violent crime. The court shall allow a victim to make
6an oral statement if the victim is present in the courtroom and
7requests to make an oral statement. An oral statement includes
8the victim or a representative of the victim reading the
9written statement. The court may allow persons impacted by the
10crime who are not victims under subsection (a) of Section 3 of
11the Rights of Crime Victims and Witnesses Act to present an
12oral or written statement. A victim and any person making an
13oral statement shall not be put under oath or subject to
14cross-examination. A record of a prior continuance under
15supervision under Section 5-615, whether successfully
16completed or not, is admissible at the sentencing hearing. No
17order of commitment to the Department of Juvenile Justice shall
18be entered against a minor before a written report of social
19investigation, which has been completed within the previous 60
20days, is presented to and considered by the court.
21 (2) Once a party has been served in compliance with Section
225-525, no further service or notice must be given to that party
23prior to proceeding to a sentencing hearing. Before imposing
24sentence the court shall advise the State's Attorney and the
25parties who are present or their counsel of the factual
26contents and the conclusions of the reports prepared for the

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1use of the court and considered by it, and afford fair
2opportunity, if requested, to controvert them. Factual
3contents, conclusions, documents and sources disclosed by the
4court under this paragraph shall not be further disclosed
5without the express approval of the court.
6 (3) On its own motion or that of the State's Attorney, a
7parent, guardian, legal custodian, or counsel, the court may
8adjourn the hearing for a reasonable period to receive reports
9or other evidence and, in such event, shall make an appropriate
10order for detention of the minor or his or her release from
11detention subject to supervision by the court during the period
12of the continuance. In the event the court shall order
13detention hereunder, the period of the continuance shall not
14exceed 30 court days. At the end of such time, the court shall
15release the minor from detention unless notice is served at
16least 3 days prior to the hearing on the continued date that
17the State will be seeking an extension of the period of
18detention, which notice shall state the reason for the request
19for the extension. The extension of detention may be for a
20maximum period of an additional 15 court days or a lesser
21number of days at the discretion of the court. However, at the
22expiration of the period of extension, the court shall release
23the minor from detention if a further continuance is granted.
24In scheduling investigations and hearings, the court shall give
25priority to proceedings in which a minor is in detention or has
26otherwise been removed from his or her home before a sentencing

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1order has been made.
2 (4) When commitment to the Department of Juvenile Justice
3is ordered, the court shall state the basis for selecting the
4particular disposition, and the court shall prepare such a
5statement for inclusion in the record.
6 (5) Before a sentencing order is entered by the court under
7Section 5-710 for a minor adjudged delinquent for a violation
8of paragraph (3.5) of subsection (a) of Section 26-1 of the
9Criminal Code of 2012, in which the minor made a threat of
10violence, death, or bodily harm against a person, school,
11school function, or school event, the court may order a mental
12health evaluation of the minor by a physician, clinical
13psychologist, or qualified examiner, whether employed by the
14State, by any public or private mental health facility or part
15of the facility, or by any public or private medical facility
16or part of the facility. A statement made by a minor during the
17course of a mental health evaluation conducted under this
18subsection (5) is not admissible on the issue of delinquency
19during the course of an adjudicatory hearing held under this
20Act. Neither the physician, clinical psychologist, qualified
21examiner, or his or her employer shall be held criminally,
22civilly, or professionally liable for performing a mental
23health examination under this subsection (5), except for
24willful or wanton misconduct. In this subsection (5),
25"qualified examiner" has the meaning provided in Section 1-122
26of the Mental Health and Developmental Disabilities Code.

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1(Source: P.A. 100-961, eff. 1-1-19.)
2 Section 10. The Criminal Code of 2012 is amended by
3changing Section 26-1 as follows:
4 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
5 Sec. 26-1. Disorderly conduct.
6 (a) A person commits disorderly conduct when he or she
7knowingly:
8 (1) Does any act in such unreasonable manner as to
9 alarm or disturb another and to provoke a breach of the
10 peace;
11 (2) Transmits or causes to be transmitted in any manner
12 to the fire department of any city, town, village or fire
13 protection district a false alarm of fire, knowing at the
14 time of the transmission that there is no reasonable ground
15 for believing that the fire exists;
16 (3) Transmits or causes to be transmitted in any manner
17 to another a false alarm to the effect that a bomb or other
18 explosive of any nature or a container holding poison gas,
19 a deadly biological or chemical contaminant, or
20 radioactive substance is concealed in a place where its
21 explosion or release would endanger human life, knowing at
22 the time of the transmission that there is no reasonable
23 ground for believing that the bomb, explosive or a
24 container holding poison gas, a deadly biological or

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1 chemical contaminant, or radioactive substance is
2 concealed in the place;
3 (3.5) Transmits or causes to be transmitted in any
4 manner a threat of destruction of a school building or
5 school property, or a threat of violence, death, or bodily
6 harm directed against persons at a school, school function,
7 or school event, whether or not school is in session;
8 (4) Transmits or causes to be transmitted in any manner
9 to any peace officer, public officer or public employee a
10 report to the effect that an offense will be committed, is
11 being committed, or has been committed, knowing at the time
12 of the transmission that there is no reasonable ground for
13 believing that the offense will be committed, is being
14 committed, or has been committed;
15 (5) Transmits or causes to be transmitted in any manner
16 a false report to any public safety agency without the
17 reasonable grounds necessary to believe that transmitting
18 the report is necessary for the safety and welfare of the
19 public; or
20 (6) Calls the number "911" or transmits or causes to be
21 transmitted in any manner to a public safety agency for the
22 purpose of making or transmitting a false alarm or
23 complaint and reporting information when, at the time the
24 call or transmission is made, the person knows there is no
25 reasonable ground for making the call or transmission and
26 further knows that the call or transmission could result in

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1 the emergency response of any public safety agency;
2 (7) Transmits or causes to be transmitted in any manner
3 a false report to the Department of Children and Family
4 Services under Section 4 of the Abused and Neglected Child
5 Reporting Act;
6 (8) Transmits or causes to be transmitted in any manner
7 a false report to the Department of Public Health under the
8 Nursing Home Care Act, the Specialized Mental Health
9 Rehabilitation Act of 2013, the ID/DD Community Care Act,
10 or the MC/DD Act;
11 (9) Transmits or causes to be transmitted in any manner
12 to the police department or fire department of any
13 municipality or fire protection district, or any privately
14 owned and operated ambulance service, a false request for
15 an ambulance, emergency medical technician-ambulance or
16 emergency medical technician-paramedic knowing at the time
17 there is no reasonable ground for believing that the
18 assistance is required;
19 (10) Transmits or causes to be transmitted in any
20 manner a false report under Article II of Public Act
21 83-1432;
22 (11) Enters upon the property of another and for a lewd
23 or unlawful purpose deliberately looks into a dwelling on
24 the property through any window or other opening in it; or
25 (12) While acting as a collection agency as defined in
26 the Collection Agency Act or as an employee of the

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1 collection agency, and while attempting to collect an
2 alleged debt, makes a telephone call to the alleged debtor
3 which is designed to harass, annoy or intimidate the
4 alleged debtor.
5 (b) Sentence. A violation of subsection (a)(1) of this
6Section is a Class C misdemeanor. A violation of subsection
7(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
8violation of subsection (a)(8) or (a)(10) of this Section is a
9Class B misdemeanor. A violation of subsection (a)(2),
10(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
11a Class 4 felony. A violation of subsection (a)(3) of this
12Section is a Class 3 felony, for which a fine of not less than
13$3,000 and no more than $10,000 shall be assessed in addition
14to any other penalty imposed.
15 A violation of subsection (a)(12) of this Section is a
16Business Offense and shall be punished by a fine not to exceed
17$3,000. A second or subsequent violation of subsection (a)(7)
18or (a)(5) of this Section is a Class 4 felony. A third or
19subsequent violation of subsection (a)(11) of this Section is a
20Class 4 felony.
21 (c) In addition to any other sentence that may be imposed,
22a court shall order any person convicted of disorderly conduct
23to perform community service for not less than 30 and not more
24than 120 hours, if community service is available in the
25jurisdiction and is funded and approved by the county board of
26the county where the offense was committed. In addition,

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

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