Illinois 2025-2026 Regular Session

Illinois House Bill HB2357 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2357 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 430 ILCS 70/2 from Ch. 38, par. 85-2430 ILCS 70/3 from Ch. 38, par. 85-3430 ILCS 70/4 from Ch. 38, par. 85-4430 ILCS 70/5 from Ch. 38, par. 85-5430 ILCS 70/6 from Ch. 38, par. 85-6430 ILCS 70/7 from Ch. 38, par. 85-7430 ILCS 70/8 from Ch. 38, par. 85-8 Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately. LRB104 06152 BDA 16186 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2357 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 430 ILCS 70/2 from Ch. 38, par. 85-2430 ILCS 70/3 from Ch. 38, par. 85-3430 ILCS 70/4 from Ch. 38, par. 85-4430 ILCS 70/5 from Ch. 38, par. 85-5430 ILCS 70/6 from Ch. 38, par. 85-6430 ILCS 70/7 from Ch. 38, par. 85-7430 ILCS 70/8 from Ch. 38, par. 85-8 430 ILCS 70/2 from Ch. 38, par. 85-2 430 ILCS 70/3 from Ch. 38, par. 85-3 430 ILCS 70/4 from Ch. 38, par. 85-4 430 ILCS 70/5 from Ch. 38, par. 85-5 430 ILCS 70/6 from Ch. 38, par. 85-6 430 ILCS 70/7 from Ch. 38, par. 85-7 430 ILCS 70/8 from Ch. 38, par. 85-8 Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately. LRB104 06152 BDA 16186 b LRB104 06152 BDA 16186 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2357 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
33 430 ILCS 70/2 from Ch. 38, par. 85-2430 ILCS 70/3 from Ch. 38, par. 85-3430 ILCS 70/4 from Ch. 38, par. 85-4430 ILCS 70/5 from Ch. 38, par. 85-5430 ILCS 70/6 from Ch. 38, par. 85-6430 ILCS 70/7 from Ch. 38, par. 85-7430 ILCS 70/8 from Ch. 38, par. 85-8 430 ILCS 70/2 from Ch. 38, par. 85-2 430 ILCS 70/3 from Ch. 38, par. 85-3 430 ILCS 70/4 from Ch. 38, par. 85-4 430 ILCS 70/5 from Ch. 38, par. 85-5 430 ILCS 70/6 from Ch. 38, par. 85-6 430 ILCS 70/7 from Ch. 38, par. 85-7 430 ILCS 70/8 from Ch. 38, par. 85-8
44 430 ILCS 70/2 from Ch. 38, par. 85-2
55 430 ILCS 70/3 from Ch. 38, par. 85-3
66 430 ILCS 70/4 from Ch. 38, par. 85-4
77 430 ILCS 70/5 from Ch. 38, par. 85-5
88 430 ILCS 70/6 from Ch. 38, par. 85-6
99 430 ILCS 70/7 from Ch. 38, par. 85-7
1010 430 ILCS 70/8 from Ch. 38, par. 85-8
1111 Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately.
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1717 1 AN ACT concerning safety.
1818 2 Be it enacted by the People of the State of Illinois,
1919 3 represented in the General Assembly:
2020 4 Section 5. The Illinois Public Demonstrations Law is
2121 5 amended by changing Sections 2, 3, 4, 5, 6, 7, and 8 as
2222 6 follows:
2323 7 (430 ILCS 70/2) (from Ch. 38, par. 85-2)
2424 8 Sec. 2. Declaration of purpose.
2525 9 (a) It is declared to be the public policy of this State:
2626 10 That the maintenance of good order on highways, as defined
2727 11 in Section 2-202 of the "Illinois Highway Code", is a
2828 12 paramount responsibility of democratic government;
2929 13 That the public health, welfare and safety of the
3030 14 community require that the movement of vehicular traffic on
3131 15 such roadways be lawfully conducted with a minimum of
3232 16 disruption;
3333 17 That the practice of unhindered or unrestrained picketing
3434 18 or demonstrating on such roadways has caused disruption of
3535 19 police, fire and emergency services, and injury to persons
3636 20 regardless of participation in the march, assembly or
3737 21 demonstration;
3838 22 That the practice of multiple demonstrations on the same
3939 23 day in different locations in municipalities and
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4343 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2357 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
4444 430 ILCS 70/2 from Ch. 38, par. 85-2430 ILCS 70/3 from Ch. 38, par. 85-3430 ILCS 70/4 from Ch. 38, par. 85-4430 ILCS 70/5 from Ch. 38, par. 85-5430 ILCS 70/6 from Ch. 38, par. 85-6430 ILCS 70/7 from Ch. 38, par. 85-7430 ILCS 70/8 from Ch. 38, par. 85-8 430 ILCS 70/2 from Ch. 38, par. 85-2 430 ILCS 70/3 from Ch. 38, par. 85-3 430 ILCS 70/4 from Ch. 38, par. 85-4 430 ILCS 70/5 from Ch. 38, par. 85-5 430 ILCS 70/6 from Ch. 38, par. 85-6 430 ILCS 70/7 from Ch. 38, par. 85-7 430 ILCS 70/8 from Ch. 38, par. 85-8
4545 430 ILCS 70/2 from Ch. 38, par. 85-2
4646 430 ILCS 70/3 from Ch. 38, par. 85-3
4747 430 ILCS 70/4 from Ch. 38, par. 85-4
4848 430 ILCS 70/5 from Ch. 38, par. 85-5
4949 430 ILCS 70/6 from Ch. 38, par. 85-6
5050 430 ILCS 70/7 from Ch. 38, par. 85-7
5151 430 ILCS 70/8 from Ch. 38, par. 85-8
5252 Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately.
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5555 A BILL FOR
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6262 430 ILCS 70/3 from Ch. 38, par. 85-3
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6464 430 ILCS 70/5 from Ch. 38, par. 85-5
6565 430 ILCS 70/6 from Ch. 38, par. 85-6
6666 430 ILCS 70/7 from Ch. 38, par. 85-7
6767 430 ILCS 70/8 from Ch. 38, par. 85-8
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8686 1 unincorporated areas of counties has unreasonably deprived the
8787 2 citizens of the police, fire and emergency services; and
8888 3 That the provisions herein enacted are necessary for the
8989 4 protection of the health, welfare and safety of the public.
9090 5 (b) It is further declared to be the public policy of this
9191 6 State:
9292 7 That the changing technological circumstances since the
9393 8 declaration of purpose in subsection (a), including the use of
9494 9 the internet and smart phones to quickly organize disruptive
9595 10 blockages of the highways, further necessitate the provisions
9696 11 of this Act.
9797 12 That the obstruction of peace officers, firefighters, and
9898 13 emergency medical services by disruptive blockages of the
9999 14 highways continues to endanger the health, welfare, and safety
100100 15 of the public.
101101 16 That the provisions in this Act continue to be necessary
102102 17 for the protection of the health, welfare, and safety of the
103103 18 public.
104104 19 (Source: P.A. 81-840.)
105105 20 (430 ILCS 70/3) (from Ch. 38, par. 85-3)
106106 21 Sec. 3. Unlawful action-Parade permit. It is unlawful for
107107 22 any person, group or organization to conduct or participate in
108108 23 any march, assembly, meeting, parade, or gathering on roadways
109109 24 in more than one specific area of or location in, any
110110 25 municipality or the unincorporated area of a county, on any
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121121 1 given day, unless it is acting under authority of a duly issued
122122 2 municipal or county parade or demonstration permit if local
123123 3 ordinance or regulation requires a permit, or, if not, with
124124 4 permission of the sheriff of the county where the march,
125125 5 assembly, meeting, parade, or gathering on roadways originates
126126 6 principal law enforcement officer for the area. Only the
127127 7 person, group, or organization responsible for organizing the
128128 8 march, assembly, meeting, parade, or gathering is required to
129129 9 obtain a permit or the permission of the sheriff principal law
130130 10 enforcement officer, which shall be sufficient to encompass
131131 11 all participants. If a march, assembly, meeting, parade, or
132132 12 gathering on roadways involves the act of crossing or
133133 13 traversing over or upon active railroad tracks, the municipal
134134 14 or county authority or sheriff principal law enforcement
135135 15 officer, as part of its permit or permission process, may
136136 16 prohibit any portion of the route that involves the act of
137137 17 crossing or traversing over or upon active railroad tracks. If
138138 18 permission is requested from the sheriff of the county where
139139 19 the march, assembly, meeting, parade, or gathering on roadways
140140 20 originates under this Section, it is the responsibility of the
141141 21 sheriff to coordinate with other law enforcement agencies in
142142 22 other jurisdictions as necessary. It is not the responsibility
143143 23 of the requester to make another request.
144144 24 (Source: P.A. 98-320, eff. 8-12-13.)
145145 25 (430 ILCS 70/4) (from Ch. 38, par. 85-4)
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156156 1 Sec. 4. Acting with other groups - Size of assemblage. It
157157 2 is unlawful for any group or organization or any individual
158158 3 acting with the group or organization, to conduct or
159159 4 participate in any march, assembly, meeting, parade, or
160160 5 gathering on roadways unless the march, assembly, meeting,
161161 6 parade, or gathering is limited to numbers that, in the
162162 7 opinion of the sheriff of the county where the march,
163163 8 assembly, meeting, parade, or gathering on roadways originates
164164 9 principal law enforcement officer, will not obstruct
165165 10 pedestrian or vehicular traffic in an unreasonable manner. The
166166 11 sheriff principal law enforcement officer shall, within 12
167167 12 hours of receiving the notice required by Section 5, inform
168168 13 the group or organization as to the limitation on number of
169169 14 persons allowed to participate. If permission is requested
170170 15 from the sheriff of the county where the march, assembly,
171171 16 meeting, parade, or gathering on roadways originates under
172172 17 this Section, it is the responsibility of the sheriff to
173173 18 coordinate with other law enforcement agencies in other
174174 19 jurisdictions as necessary. It is not the responsibility of
175175 20 the requester to make another request.
176176 21 (Source: P.A. 98-320, eff. 8-12-13.)
177177 22 (430 ILCS 70/5) (from Ch. 38, par. 85-5)
178178 23 Sec. 5. Notice of assemblage in writing-Contents. It is
179179 24 unlawful for any group or organization to conduct or
180180 25 participate in any march, assembly, meeting, parade, or
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191191 1 gathering on roadways unless the sheriff of the county where
192192 2 the march, assembly, meeting, parade, or gathering on roadways
193193 3 originates principal law enforcement officer has been given
194194 4 notice in writing of the location, the maximum number of
195195 5 persons participating, and the names and addresses of the
196196 6 organizers of the march, assembly, meeting, parade, or
197197 7 gathering, its route, and its time of inception and duration
198198 8 at least 24 hours before inception. If permission is requested
199199 9 from or notice is provided to the sheriff of the county where
200200 10 the march, assembly, meeting, parade, or gathering on roadways
201201 11 originates under this Section, it is the responsibility of the
202202 12 sheriff to coordinate with other law enforcement agencies in
203203 13 other jurisdictions as necessary. It is not the responsibility
204204 14 of the requester to make another request or give another
205205 15 notice. No act of notification to law enforcement is a defense
206206 16 to subsection (b) of Section 8 of this Act.
207207 17 (Source: P.A. 98-320, eff. 8-12-13.)
208208 18 (430 ILCS 70/6) (from Ch. 38, par. 85-6)
209209 19 Sec. 6. Time of holding. It is unlawful for any group,
210210 20 organization, or any individual to conduct or participate in
211211 21 any march, assembly, meeting, parade, or gathering on roadways
212212 22 during peak traffic periods unless authorized by the sheriff
213213 23 of the county where the march, assembly, meeting, parade, or
214214 24 gathering on roadways originates principal law enforcement
215215 25 officer for the area in which the march, assembly, meeting,
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226226 1 parade, or gathering is to be held. Peak traffic periods,
227227 2 unless otherwise set by municipal or county authority, are for
228228 3 the purposes of this Act declared to be 7:30 a.m. o'clock to
229229 4 9:00 a.m. o'clock in the forenoon, and from 4:30 p.m. o'clock
230230 5 to 6:00 p.m. o'clock in the afternoon, Monday through Friday
231231 6 except for State and National holidays. If permission is
232232 7 requested from the sheriff of the county where the march,
233233 8 assembly, meeting, parade, or gathering on roadways originates
234234 9 under this Section, it is the responsibility of the sheriff to
235235 10 coordinate with other law enforcement agencies in other
236236 11 jurisdictions as necessary. It is not the responsibility of
237237 12 the requester to make another request. No act or circumstance
238238 13 of scheduling or time is a defense to subsection (b) of Section
239239 14 8 of this Act.
240240 15 (Source: P.A. 98-320, eff. 8-12-13.)
241241 16 (430 ILCS 70/7) (from Ch. 38, par. 85-7)
242242 17 Sec. 7. Conflict with municipal ordinance; home rule.
243243 18 (a) Nothing in this Act shall be construed to invalidate
244244 19 or repeal by inference any local or municipal enactment in
245245 20 regard to parades or demonstrations, but if there is an
246246 21 unreconcilable conflict this Act shall prevail as to such
247247 22 portion or portions that are in direct conflict, except as to
248248 23 duly designated peak hours of traffic within its boundaries.
249249 24 (b) A home rule unit may not regulate public
250250 25 demonstrations in a manner inconsistent with the regulation by
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261261 1 the State of public demonstrations under this Act. This
262262 2 Section is a limitation under subsection (i) of Section 6 of
263263 3 Article VII of the Illinois Constitution on the concurrent
264264 4 exercise by home rule units of powers and functions exercised
265265 5 by the State.
266266 6 (Source: Laws 1967, p. 3613.)
267267 7 (430 ILCS 70/8) (from Ch. 38, par. 85-8)
268268 8 Sec. 8. Sentence.
269269 9 (a) Violation of this Act, except as provided in
270270 10 subsection (b), is a Class A misdemeanor.
271271 11 (b) A person who blocks an exceptionally busy public
272272 12 right-of-way for any period of not less than 5 minutes in a
273273 13 manner that prevents, or would prevent, the free passage of a
274274 14 peace officer, a firefighter, or an emergency medical services
275275 15 personnel responder, irrespective of the time of day or notice
276276 16 provided, commits a Class 4 felony.
277277 17 (c) As used in this Section, "exceptionally busy public
278278 18 right-of-way" means a public right-of-way that, based on
279279 19 statistics gathered by the Illinois Department of
280280 20 Transportation or the Illinois State Toll Highway Authority,
281281 21 under typical conditions carries at least 24,000 separate
282282 22 motor vehicle movements in any 24-hour period.
283283 23 (Source: P.A. 77-2646.)
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