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Public Act 098-1125 Public Act 1125 98TH GENERAL ASSEMBLY |
Public Act 098-1125 | SB3538 Enrolled | LRB098 19359 RLC 55393 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 2012 is amended by changing | Section 17-2 as follows:
| (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| Sec. 17-2. False personation; solicitation. | (a) False personation; solicitation. | (1) A person commits a false personation when he or she | knowingly and falsely represents
himself or herself to be a | member or representative of any
veterans' or public safety | personnel organization
or a representative of
any | charitable organization, or when he or she knowingly | exhibits or uses in any manner
any decal, badge or insignia | of any
charitable, public safety personnel, or veterans' | organization
when not authorized to
do so by the
| charitable, public safety personnel, or veterans' | organization.
"Public safety personnel organization" has | the meaning ascribed to that term
in Section 1 of the | Solicitation for Charity Act.
| (2) A person commits a false personation when he or she | knowingly and falsely
represents himself or herself to be a | veteran in seeking employment or
public office.
In this |
| paragraph, "veteran" means a person who has served in the
| Armed Services or Reserve
Forces of the United States.
| (2.5) A person commits a false personation when he or | she knowingly and falsely represents himself or herself to | be: | (A) another actual person and does an act in such | assumed character with intent to intimidate, threaten, | injure, defraud, or to obtain a benefit from another; | or | (B) a representative of an actual person or | organization and does an act in such false capacity | with intent to obtain a benefit or to injure or defraud | another. | (3) No person shall knowingly use the words "Police", | "Police
Department", "Patrolman", "Sergeant", | "Lieutenant",
"Peace Officer", "Sheriff's Police", | "Sheriff", "Officer", "Law Enforcement", "Trooper", | "Deputy", "Deputy Sheriff", "State Police",
or
any other | words to the same effect (i) in the title
of any | organization, magazine, or other publication without the | express
approval of the named public safety personnel | organization's governing board or (ii) in combination with | the name of any state, state agency, public university, or | unit of local government without the express written | authorization of that state, state agency, public | university, or unit of local government.
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| (4) No person may knowingly claim or represent that he | or she is acting on behalf
of
any public safety personnel | organization when soliciting financial contributions or | selling or
delivering or offering
to sell or deliver any | merchandise, goods, services, memberships, or
| advertisements unless the
chief of the police department, | fire department, and the
corporate or municipal authority | thereof,
or the sheriff has first
entered into a written
| agreement with the person or with an organization with | which the person is
affiliated and the
agreement permits | the activity and specifies and states clearly and fully the | purpose for which the proceeds of the solicitation, | contribution, or sale will be used.
| (5) No person, when soliciting financial contributions | or selling or
delivering or offering
to sell or deliver any | merchandise, goods, services, memberships, or
| advertisements may claim
or represent that he or she is | representing or acting on behalf of any
nongovernmental
| organization by any name which includes "officer", "peace | officer", "police",
"law
enforcement", "trooper", | "sheriff", "deputy", "deputy sheriff", "State police",
or | any other word
or words which would reasonably be | understood to imply that the organization is
composed of
| law enforcement personnel unless: | (A) the person is actually representing or acting
| on behalf of the
nongovernmental organization; |
| (B) the nongovernmental organization is
controlled | by and
governed by a membership of and represents a | group or association of active
duty peace officers,
| retired peace officers, or injured peace officers; and | (C) before commencing the
solicitation or the
sale | or the offers to sell any merchandise, goods, services, | memberships, or
advertisements, a
written contract | between the soliciting or selling person and the
| nongovernmental
organization, which specifies and | states clearly and fully the purposes for which the | proceeds of the solicitation, contribution, or sale | will be used, has been entered into.
| (6) No person, when soliciting financial contributions | or selling or
delivering or
offering to sell or deliver any | merchandise, goods, services, memberships, or
| advertisements,
may knowingly claim or represent that he or | she is representing or acting on behalf of
any | nongovernmental
organization by any name which includes | the term "fireman", "fire fighter",
"paramedic", or any
| other word or words which would reasonably be understood to | imply that the
organization is
composed of fire fighter or | paramedic personnel unless: | (A) the person is actually
representing or
acting | on behalf of the nongovernmental organization; | (B) the nongovernmental
organization is
controlled | by and governed by a membership of and represents a |
| group or
association of active
duty, retired, or | injured fire fighters (for the purposes of this | Section,
"fire fighter" has the
meaning ascribed to | that term in Section 2 of the Illinois Fire Protection
| Training Act)
or active duty, retired, or injured | emergency medical technicians - ambulance,
emergency
| medical technicians - intermediate, emergency medical | technicians - paramedic,
ambulance
drivers, or other | medical assistance or first aid personnel; and | (C) before
commencing the solicitation
or the sale | or delivery or the offers to sell or deliver any | merchandise,
goods, services,
memberships, or | advertisements, the soliciting or selling person and | the nongovernmental organization have entered into a | written contract that specifies and states clearly and | fully the purposes for which the proceeds of the | solicitation, contribution, or sale will be used.
| (7) No person may knowingly claim or represent that he | or she is an airman, airline employee, airport employee, or | contractor at an airport in order to obtain the uniform, | identification card, license, or other identification | paraphernalia of an airman, airline employee, airport | employee, or contractor at an airport.
| (8) No person, firm,
copartnership, or corporation | (except corporations organized and doing business
under | the Pawners Societies Act)
shall knowingly use a name that |
| contains in it the words
"Pawners' Society". | (b) False personation; public officials and employees. A | person commits a false personation if he or she knowingly and | falsely represents himself or herself to be any of the | following: | (1) An attorney authorized to practice law for purposes | of compensation or consideration. This paragraph (b)(1) | does not apply to a person who unintentionally fails to pay | attorney registration fees established by Supreme Court | Rule. | (2) A public officer or a public employee or an | official or employee of the federal government. | (2.3) A public officer, a public employee, or an | official or employee of the federal government, and the | false representation is made in furtherance of the | commission of felony. | (2.7) A public officer or a public employee, and the | false representation is for the purpose of effectuating | identity theft as defined in Section 16-30 of this Code. | (3) A peace officer. | (4) A peace officer while carrying a deadly weapon. | (5) A peace officer in attempting or committing a | felony. | (6) A peace officer in attempting or committing a | forcible felony. | (7) The parent, legal guardian, or other relation of a |
| minor child to any public official, public employee, or | elementary or secondary school employee or administrator. | (7.5) The legal guardian, including any representative | of a State or public guardian, of a disabled person | appointed under Article XIa of the Probate Act of 1975. | (8) A fire fighter. | (9) A fire fighter while carrying a deadly weapon. | (10) A fire fighter in attempting or committing a | felony. | (11) An emergency management worker of any | jurisdiction in this State. | (12) An emergency management worker of any | jurisdiction in this State in attempting or committing a | felony.
For the purposes of this subsection (b), "emergency | management worker" has the meaning provided under Section | 2-6.6 of this Code. | (b-5) The trier of fact may infer that a person falsely | represents himself or herself to be a public officer or a | public employee or an official or employee of the federal | government if the person: | (1) wears or displays without authority any uniform, | badge, insignia, or facsimile thereof by which a public | officer or public employee or official or employee of the | federal government is lawfully distinguished; or | (2) falsely expresses by word or action that he or she | is a public officer or public employee or official or |
| employee of the federal government and is acting with | approval or authority of a public agency or department. | (c) Fraudulent advertisement of a corporate name. | (1) A company, association, or individual commits | fraudulent advertisement of a corporate name if he, she, or | it, not being incorporated, puts forth a sign or | advertisement and assumes, for the purpose of soliciting | business, a corporate name. | (2) Nothing contained in this subsection (c) prohibits | a corporation, company, association, or person from using a | divisional designation or trade name in conjunction with | its corporate name or assumed name under Section 4.05 of | the Business Corporation Act of 1983 or, if it is a member | of a partnership or joint venture, from doing partnership | or joint venture business under the partnership or joint | venture name. The name under which the joint venture or | partnership does business may differ from the names of the | members. Business may not be conducted or transacted under | that joint venture or partnership name, however, unless all | provisions of the Assumed Business Name Act have been | complied with. Nothing in this subsection (c) permits a | foreign corporation to do business in this State without | complying with all Illinois laws regulating the doing of | business by foreign corporations. No foreign corporation | may conduct or transact business in this State as a member | of a partnership or joint venture that violates any |
| Illinois law regulating or pertaining to the doing of | business by foreign corporations in Illinois. | (3) The provisions of this subsection (c) do not apply | to limited partnerships formed under the Revised Uniform | Limited Partnership Act or under the Uniform Limited | Partnership Act (2001). | (d) False law enforcement badges. | (1) A person commits false law enforcement badges if he | or she knowingly produces, sells, or distributes a law | enforcement badge without the express written consent of | the law enforcement agency represented on the badge or, in | case of a reorganized or defunct law enforcement agency, | its successor law enforcement agency. | (2) It is a defense to false law enforcement badges | that the law enforcement badge is used or is intended to be | used exclusively: (i) as a memento or in a collection or | exhibit; (ii) for decorative purposes; or (iii) for a | dramatic presentation, such as a theatrical, film, or | television production. | (e) False medals. | (1) A person commits a false personation if he or she | knowingly and falsely represents himself or herself to be a | recipient of, or wears on his or her person, any of the | following medals if that medal was not awarded to that | person by the United States Government, irrespective of | branch of service: The Congressional Medal of Honor, The |
| Distinguished Service Cross, The Navy Cross, The Air Force | Cross, The Silver Star, The Bronze Star, or the Purple | Heart. | (2) It is a defense to a prosecution under paragraph | (e)(1) that the medal is used, or is intended to be used, | exclusively: | (A) for a dramatic presentation, such as a | theatrical, film, or television production, or a | historical re-enactment; or | (B) for a costume worn, or intended to be worn, by | a person under 18 years of age. | (f) Sentence. | (1) A violation of paragraph (a)(8) is a petty offense | subject to a fine of not less than $5 nor more than $100, | and the person, firm, copartnership, or corporation | commits an additional petty offense for each day he, she, | or it continues to commit the violation. A violation of | paragraph (c)(1) is a petty offense, and the company, | association, or person commits an additional petty offense | for each day he, she, or it continues to commit the | violation. A violation of subsection (e) is a petty offense | for which the offender shall be fined at least $100 and not | more than $200. | (2) A violation of paragraph (a)(1) , or (a)(3) , or | (b)(7.5) is a Class C misdemeanor. | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), |
| (b)(2), or (b)(7) or subsection (d) is a Class A | misdemeanor. A second or subsequent violation of | subsection (d) is a Class 3 felony. | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | Class 4 felony. | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | is a Class 3 felony. | (6) A violation of paragraph (b)(5) or (b)(10) is a | Class 2 felony. | (7) A violation of paragraph (b)(6) is a Class 1 | felony.
| (g) A violation of subsection (a)(1) through (a)(7) or | subsection (e) of this Section may be accomplished in person or | by any means of communication, including but not limited to the | use of an Internet website or any form of electronic | communication. | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; | 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change | to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)
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Effective Date: 1/1/2015
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