Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1198 Latest Draft

Bill / Introduced Version Filed 01/24/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1198 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 720 ILCS 5/26-1 from Ch. 38, par. 26-1 Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2026. LRB104 03902 RLC 13926 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1198 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:  720 ILCS 5/26-1 from Ch. 38, par. 26-1 720 ILCS 5/26-1 from Ch. 38, par. 26-1 Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2026.  LRB104 03902 RLC 13926 b     LRB104 03902 RLC 13926 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1198 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-1 from Ch. 38, par. 26-1 720 ILCS 5/26-1 from Ch. 38, par. 26-1
720 ILCS 5/26-1 from Ch. 38, par. 26-1
Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2026.
LRB104 03902 RLC 13926 b     LRB104 03902 RLC 13926 b
    LRB104 03902 RLC 13926 b
A BILL FOR
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  SB1198  LRB104 03902 RLC 13926 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 26-1 as follows:
6  (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
7  Sec. 26-1. Disorderly conduct.
8  (a) A person commits disorderly conduct when he or she
9  knowingly:
10  (1) Does any act in such unreasonable manner as to
11  alarm or disturb another and to provoke a breach of the
12  peace;
13  (2) Transmits or causes to be transmitted in any
14  manner to the fire department of any city, town, village
15  or fire protection district a false alarm of fire, knowing
16  at the time of the transmission that there is no
17  reasonable ground for believing that the fire exists;
18  (3) Transmits or causes to be transmitted in any
19  manner to another a false alarm to the effect that a bomb
20  or other explosive of any nature or a container holding
21  poison gas, a deadly biological or chemical contaminant,
22  or radioactive substance is concealed in a place where its
23  explosion or release would endanger human life, knowing at

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1198 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-1 from Ch. 38, par. 26-1 720 ILCS 5/26-1 from Ch. 38, par. 26-1
720 ILCS 5/26-1 from Ch. 38, par. 26-1
Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner to any peace officer, public officer, or public employee a report to the effect that a hate crime will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. Establishes penalties. Effective January 1, 2026.
LRB104 03902 RLC 13926 b     LRB104 03902 RLC 13926 b
    LRB104 03902 RLC 13926 b
A BILL FOR

 

 

720 ILCS 5/26-1 from Ch. 38, par. 26-1



    LRB104 03902 RLC 13926 b

 

 



 

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

 

 

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1  making or transmitting a false alarm or complaint and
2  reporting information when, at the time the call, text, or
3  transmission is made, the person knows there is no
4  reasonable ground for making the call, text, or
5  transmission and further knows that the call, text, or
6  transmission could result in the emergency response of any
7  public safety agency;
8  (7) Transmits or causes to be transmitted in any
9  manner a false report to the Department of Children and
10  Family Services under Section 4 of the Abused and
11  Neglected Child Reporting Act;
12  (8) Transmits or causes to be transmitted in any
13  manner a false report to the Department of Public Health
14  under the Nursing Home Care Act, the Specialized Mental
15  Health Rehabilitation Act of 2013, the ID/DD Community
16  Care Act, or the MC/DD Act;
17  (9) Transmits or causes to be transmitted in any
18  manner to the police department or fire department of any
19  municipality or fire protection district, or any privately
20  owned and operated ambulance service, a false request for
21  an ambulance, emergency medical technician-ambulance or
22  emergency medical technician-paramedic knowing at the time
23  there is no reasonable ground for believing that the
24  assistance is required;
25  (10) Transmits or causes to be transmitted in any
26  manner a false report under Article II of Public Act

 

 

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1  83-1432;
2  (11) Enters upon the property of another and for a
3  lewd or unlawful purpose deliberately looks into a
4  dwelling on the property through any window or other
5  opening in it; or
6  (12) While acting as a collection agency as defined in
7  the Collection Agency Act or as an employee of the
8  collection agency, and while attempting to collect an
9  alleged debt, makes a telephone call to the alleged debtor
10  which is designed to harass, annoy or intimidate the
11  alleged debtor; or .
12  (13) Transmits or causes to be transmitted in any
13  manner to any peace officer, public officer, or public
14  employee a report to the effect that a hate crime will be
15  committed, is being committed, or has been committed,
16  knowing at the time of the transmission that there is no
17  reasonable ground for believing that the offense will be
18  committed, is being committed, or has been committed.
19  (b) Sentence. A violation of subsection (a)(1) of this
20  Section is a Class C misdemeanor. A violation of subsection
21  (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
22  violation of subsection (a)(8) or (a)(10) of this Section is a
23  Class B misdemeanor. A violation of subsection (a)(2),
24  (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
25  a Class 4 felony. A violation of subsection (a)(3) of this
26  Section is a Class 3 felony, for which a fine of not less than

 

 

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1  $3,000 and no more than $10,000 shall be assessed in addition
2  to any other penalty imposed.
3  A violation of subsection (a)(12) of this Section is a
4  Business Offense and shall be punished by a fine not to exceed
5  $3,000. A second or subsequent violation of subsection (a)(7)
6  or (a)(5) of this Section is a Class 4 felony. A third or
7  subsequent violation of subsection (a)(11) of this Section is
8  a Class 4 felony.
9  (b-5) A violation of subsection (a)(13) of this Section is
10  a Class 2 felony for the first offense and a Class 1 felony for
11  a second or subsequent offense if committed:
12  (1) in, or upon the exterior or grounds of a church,
13  synagogue, mosque, or other building, structure, or place
14  identified or associated with a particular religion or
15  used for religious worship or other religious purpose;
16  (2) in a cemetery, mortuary, or other facility used
17  for the purpose of burial or memorializing the dead;
18  (3) in a school or other educational facility,
19  including an administrative facility or public or private
20  dormitory facility of or associated with the school or
21  other educational facility;
22  (4) in a public park or an ethnic or religious
23  community center;
24  (5) on the real property comprising any location
25  specified in paragraphs (1) through (4) of this subsection
26  (b-5); or

 

 

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1  (6) on a public way within 1,000 feet of the real
2  property comprising any location specified in paragraphs
3  (1) through (4) of this subsection (b-5).
4  (c) In addition to any other sentence that may be imposed,
5  a court shall order any person convicted of disorderly conduct
6  to perform community service for not less than 30 and not more
7  than 120 hours, if community service is available in the
8  jurisdiction and is funded and approved by the county board of
9  the county where the offense was committed. In addition,
10  whenever any person is placed on supervision for an alleged
11  offense under this Section, the supervision shall be
12  conditioned upon the performance of the community service.
13  This subsection does not apply when the court imposes a
14  sentence of incarceration.
15  (d) In addition to any other sentence that may be imposed,
16  the court shall order any person convicted of disorderly
17  conduct under paragraph (3) of subsection (a) involving a
18  false alarm of a threat that a bomb or explosive device has
19  been placed in a school that requires an emergency response to
20  reimburse the unit of government that employs the emergency
21  response officer or officers that were dispatched to the
22  school for the cost of the response. If the court determines
23  that the person convicted of disorderly conduct that requires
24  an emergency response to a school is indigent, the provisions
25  of this subsection (d) do not apply.
26  (e) In addition to any other sentence that may be imposed,

 

 

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1  the court shall order any person convicted of disorderly
2  conduct under paragraph (3.5) or (6) of subsection (a) to
3  reimburse the public agency for the reasonable costs of the
4  emergency response by the public agency up to $10,000. If the
5  court determines that the person convicted of disorderly
6  conduct under paragraph (3.5) or (6) of subsection (a) is
7  indigent, the provisions of this subsection (e) do not apply.
8  (f) For the purposes of this Section, "emergency response"
9  means any condition that results in, or could result in, the
10  response of a public official in an authorized emergency
11  vehicle, any condition that jeopardizes or could jeopardize
12  public safety and results in, or could result in, the
13  evacuation of any area, building, structure, vehicle, or of
14  any other place that any person may enter, or any incident
15  requiring a response by a police officer, a firefighter, a
16  State Fire Marshal employee, or an ambulance.
17  (Source: P.A. 103-366, eff. 1-1-24.)

 

 

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