Sen. Ira I. Silverstein
Filed: 4/9/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 1009 




2 AMENDMENT NO. ______. Amend Senate Bill 1009 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 17-2 as follows:



6 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)



7 Sec. 17-2. False personation; solicitation.
8 (a) False personation; solicitation.
9  (1) A person commits a false personation when he or she 
10 knowingly and falsely represents
himself or herself to be a 
11 member or representative of any
veterans' or public safety 
12 personnel organization
or a representative of
any 
13 charitable organization, or when he or she knowingly 
14 exhibits or uses in any manner
any decal, badge or insignia 
15 of any
charitable, public safety personnel, or veterans' 
16 organization
when not authorized to
do so by the

 
 
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1 charitable, public safety personnel, or veterans' 
2 organization.
"Public safety personnel organization" has 
3 the meaning ascribed to that term
in Section 1 of the 
4 Solicitation for Charity Act.

5  (2) A person commits a false personation when he or she 
6 knowingly and falsely
represents himself or herself to be a 
7 veteran in seeking employment or
public office.
In this 
8 paragraph, "veteran" means a person who has served in the

9 Armed Services or Reserve
Forces of the United States.

10  (2.5) A person commits a false personation when he or 
11 she knowingly and falsely represents himself or herself to 
12 be:
13   (A) another actual person and does an act in such 
14 assumed character with intent to intimidate, threaten, 
15 injure, defraud, or to obtain a benefit from another; 
16 or
17   (B) a representative of an actual person or 
18 organization and does an act in such false capacity 
19 with intent to obtain a benefit or to injure or defraud 
20 another.
21  (3) No person shall knowingly use the words "Police", 
22 "Police
Department", "Patrolman", "Sergeant", 
23 "Lieutenant",
"Peace Officer", "Sheriff's Police", 
24 "Sheriff", "Officer", "Law Enforcement", "Trooper", 
25 "Deputy", "Deputy Sheriff", "State Police",
or
any other 
26 words to the same effect (i) in the title
of any 
 
 
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1 organization, magazine, or other publication without the 
2 express
approval of the named public safety personnel 
3 organization's governing board or (ii) in combination with 
4 the name of any state, state agency, public university, or 
5 unit of local government without the express written 
6 authorization of that state, state agency, public 
7 university, or unit of local government.

8  (4) No person may knowingly claim or represent that he 
9 or she is acting on behalf
of
any public safety personnel 
10 organization when soliciting financial contributions or 
11 selling or
delivering or offering
to sell or deliver any 
12 merchandise, goods, services, memberships, or

13 advertisements unless the
chief of the police department, 
14 fire department, and the
corporate or municipal authority 
15 thereof,
or the sheriff has first
entered into a written

16 agreement with the person or with an organization with 
17 which the person is
affiliated and the
agreement permits 
18 the activity and specifies and states clearly and fully the 
19 purpose for which the proceeds of the solicitation, 
20 contribution, or sale will be used.

21  (5) No person, when soliciting financial contributions 
22 or selling or
delivering or offering
to sell or deliver any 
23 merchandise, goods, services, memberships, or

24 advertisements may claim
or represent that he or she is 
25 representing or acting on behalf of any
nongovernmental

26 organization by any name which includes "officer", "peace 
 
 
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1 officer", "police",
"law
enforcement", "trooper", 
2 "sheriff", "deputy", "deputy sheriff", "State police",
or 
3 any other word
or words which would reasonably be 
4 understood to imply that the organization is
composed of

5 law enforcement personnel unless:
6   (A) the person is actually representing or acting

7 on behalf of the
nongovernmental organization;
8   (B) the nongovernmental organization is
controlled 
9 by and
governed by a membership of and represents a 
10 group or association of active
duty peace officers,

11 retired peace officers, or injured peace officers; and
12   (C) before commencing the
solicitation or the
sale 
13 or the offers to sell any merchandise, goods, services, 
14 memberships, or
advertisements, a
written contract 
15 between the soliciting or selling person and the

16 nongovernmental
organization, which specifies and 
17 states clearly and fully the purposes for which the 
18 proceeds of the solicitation, contribution, or sale 
19 will be used, has been entered into.

20  (6) No person, when soliciting financial contributions 
21 or selling or
delivering or
offering to sell or deliver any 
22 merchandise, goods, services, memberships, or

23 advertisements,
may knowingly claim or represent that he or 
24 she is representing or acting on behalf of
any 
25 nongovernmental
organization by any name which includes 
26 the term "fireman", "fire fighter",
"paramedic", or any

 
 
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1 other word or words which would reasonably be understood to 
2 imply that the
organization is
composed of fire fighter or 
3 paramedic personnel unless:
4   (A) the person is actually
representing or
acting 
5 on behalf of the nongovernmental organization;
6   (B) the nongovernmental
organization is
controlled 
7 by and governed by a membership of and represents a 
8 group or
association of active
duty, retired, or 
9 injured fire fighters (for the purposes of this 
10 Section,
"fire fighter" has the
meaning ascribed to 
11 that term in Section 2 of the Illinois Fire Protection

12 Training Act)
or active duty, retired, or injured 
13 emergency medical technicians - ambulance,
emergency

14 medical technicians - intermediate, emergency medical 
15 technicians - paramedic,
ambulance
drivers, or other 
16 medical assistance or first aid personnel; and
17   (C) before
commencing the solicitation
or the sale 
18 or delivery or the offers to sell or deliver any 
19 merchandise,
goods, services,
memberships, or 
20 advertisements, the soliciting or selling person and 
21 the nongovernmental organization have entered into a 
22 written contract that specifies and states clearly and 
23 fully the purposes for which the proceeds of the 
24 solicitation, contribution, or sale will be used.

25  (7) No person may knowingly claim or represent that he 
26 or she is an airman, airline employee, airport employee, or 
 
 
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1 contractor at an airport in order to obtain the uniform, 
2 identification card, license, or other identification 
3 paraphernalia of an airman, airline employee, airport 
4 employee, or contractor at an airport.

5  (8) No person, firm,
copartnership, or corporation 
6 (except corporations organized and doing business
under 
7 the Pawners Societies Act)
shall knowingly use a name that 
8 contains in it the words
"Pawners' Society". 
9 (b) False personation; public officials and employees. A 
10person commits a false personation if he or she knowingly and 
11falsely represents himself or herself to be any of the 
12following:
13  (1) An attorney authorized to practice law for purposes 
14 of compensation or consideration. This paragraph (b)(1) 
15 does not apply to a person who unintentionally fails to pay 
16 attorney registration fees established by Supreme Court 
17 Rule.
18  (2) A public officer or a public employee or an 
19 official or employee of the federal government.
20  (2.3) A public officer, a public employee, or an 
21 official or employee of the federal government, and the 
22 false representation is made in furtherance of the 
23 commission of felony.
24  (2.7) A public officer or a public employee, and the 
25 false representation is for the purpose of effectuating 
26 identity theft as defined in Section 16-30 of this Code. 
 
 
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1  (3) A peace officer.
2  (4) A peace officer while carrying a deadly weapon.
3  (5) A peace officer in attempting or committing a 
4 felony.
5  (6) A peace officer in attempting or committing a 
6 forcible felony.
7  (7) The parent, legal guardian, or other relation of a 
8 minor child to any public official, public employee, or 
9 elementary or secondary school employee or administrator.
10  (7.5) The legal guardian, including any representative 
11 of a State or public guardian, of a disabled person to any 
12 public official, public employee, guardian ad litem, 
13 provider of residential or medical care for the disabled 
14 person, or representative of a financial institution. 
15  (8) A fire fighter.
16  (9) A fire fighter while carrying a deadly weapon.
17  (10) A fire fighter in attempting or committing a 
18 felony.
19  (11) An emergency management worker of any 
20 jurisdiction in this State.
21  (12) An emergency management worker of any 
22 jurisdiction in this State in attempting or committing a 
23 felony.
For the purposes of this subsection (b), "emergency 
24 management worker" has the meaning provided under Section 
25 2-6.6 of this Code.
26 (b-5) The trier of fact may infer that a person falsely 
 
 
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1represents himself or herself to be a public officer or a 
2public employee or an official or employee of the federal 
3government if the person:
4  (1) wears or displays without authority any uniform, 
5 badge, insignia, or facsimile thereof by which a public 
6 officer or public employee or official or employee of the 
7 federal government is lawfully distinguished; or
8  (2) falsely expresses by word or action that he or she 
9 is a public officer or public employee or official or 
10 employee of the federal government and is acting with 
11 approval or authority of a public agency or department.
12 (c) Fraudulent advertisement of a corporate name.
13  (1) A company, association, or individual commits 
14 fraudulent advertisement of a corporate name if he, she, or 
15 it, not being incorporated, puts forth a sign or 
16 advertisement and assumes, for the purpose of soliciting 
17 business, a corporate name.
18  (2) Nothing contained in this subsection (c) prohibits 
19 a corporation, company, association, or person from using a 
20 divisional designation or trade name in conjunction with 
21 its corporate name or assumed name under Section 4.05 of 
22 the Business Corporation Act of 1983 or, if it is a member 
23 of a partnership or joint venture, from doing partnership 
24 or joint venture business under the partnership or joint 
25 venture name. The name under which the joint venture or 
26 partnership does business may differ from the names of the 
 
 
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1 members. Business may not be conducted or transacted under 
2 that joint venture or partnership name, however, unless all 
3 provisions of the Assumed Business Name Act have been 
4 complied with. Nothing in this subsection (c) permits a 
5 foreign corporation to do business in this State without 
6 complying with all Illinois laws regulating the doing of 
7 business by foreign corporations. No foreign corporation 
8 may conduct or transact business in this State as a member 
9 of a partnership or joint venture that violates any 
10 Illinois law regulating or pertaining to the doing of 
11 business by foreign corporations in Illinois.
12  (3) The provisions of this subsection (c) do not apply 
13 to limited partnerships formed under the Revised Uniform 
14 Limited Partnership Act or under the Uniform Limited 
15 Partnership Act (2001).
16 (d) False law enforcement badges.
17  (1) A person commits false law enforcement badges if he 
18 or she knowingly produces, sells, or distributes a law 
19 enforcement badge without the express written consent of 
20 the law enforcement agency represented on the badge or, in 
21 case of a reorganized or defunct law enforcement agency, 
22 its successor law enforcement agency.
23  (2) It is a defense to false law enforcement badges 
24 that the law enforcement badge is used or is intended to be 
25 used exclusively: (i) as a memento or in a collection or 
26 exhibit; (ii) for decorative purposes; or (iii) for a 
 
 
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1 dramatic presentation, such as a theatrical, film, or 
2 television production.
3 (e) False medals.
4  (1) A person commits a false personation if he or she 
5 knowingly and falsely represents himself or herself to be a 
6 recipient of, or wears on his or her person, any of the 
7 following medals if that medal was not awarded to that 
8 person by the United States Government, irrespective of 
9 branch of service: The Congressional Medal of Honor, The 
10 Distinguished Service Cross, The Navy Cross, The Air Force 
11 Cross, The Silver Star, The Bronze Star, or the Purple 
12 Heart.
13  (2) It is a defense to a prosecution under paragraph 
14 (e)(1) that the medal is used, or is intended to be used, 
15 exclusively:
16   (A) for a dramatic presentation, such as a 
17 theatrical, film, or television production, or a 
18 historical re-enactment; or
19   (B) for a costume worn, or intended to be worn, by 
20 a person under 18 years of age.
21 (f) Sentence.
22  (1) A violation of paragraph (a)(8) is a petty offense 
23 subject to a fine of not less than $5 nor more than $100, 
24 and the person, firm, copartnership, or corporation 
25 commits an additional petty offense for each day he, she, 
26 or it continues to commit the violation. A violation of 
 
 
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1 paragraph (c)(1) is a petty offense, and the company, 
2 association, or person commits an additional petty offense 
3 for each day he, she, or it continues to commit the 
4 violation. A violation of subsection (e) is a petty offense 
5 for which the offender shall be fined at least $100 and not 
6 more than $200.
7  (2) A violation of paragraph (a)(1) or (a)(3) is a 
8 Class C misdemeanor.
9  (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), 
10 (b)(2), or (b)(7), or (b)(7.5) or subsection (d) is a Class 
11 A misdemeanor. A second or subsequent violation of 
12 subsection (d) is a Class 3 felony.
13  (4) A violation of paragraph (a)(4), (a)(5), (a)(6), 
14 (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a 
15 Class 4 felony.
16  (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) 
17 is a Class 3 felony.
18  (6) A violation of paragraph (b)(5) or (b)(10) is a 
19 Class 2 felony.
20  (7) A violation of paragraph (b)(6) is a Class 1 
21 felony. 

22 (g) A violation of subsection (a)(1) through (a)(7) or 
23subsection (e) of this Section may be accomplished in person or 
24by any means of communication, including but not limited to the 
25use of an Internet website or any form of electronic 
26communication.
 
 
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1(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 
297-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change 
3to Sec. 32-5 from 97-219; 97-1109, eff. 1-1-13.)".