SB 2741

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Full Text of SB2741
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	SB2741 - 104th General Assembly
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			Senate Amendment 001
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		Senate Amendment 001
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		SB2741 Engrossed		LRB104 16302 RLC 29688 b
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 Criminal Code of 2012 is amended by
5changing Sections 26.5-2 and 26.5-3 as follows:
6    (720 ILCS 5/26.5-2)
7    Sec. 26.5-2. Harassment by telephone.
8    (a) A person commits harassment by telephone when he or
9she uses telephone communication for any of the following
10purposes:
11        (1) Making any comment, request, suggestion or
12    proposal which is obscene, lewd, lascivious, filthy or
13    indecent with an intent to offend;
14        (1.1) Making any comment, request, suggestion, or 
15    proposal which is known or intended to cause another 
16    person significant emotional distress and would cause a 
17    reasonable person to experience significant emotional 
18    distress;
19        (2) Making a telephone call, whether or not
20    conversation ensues, with intent to abuse, threaten injury 
21    to, or the property of, any person at the called number or 
22    to any of his or her family or household members [or harass ]
23    [any person at the called number];
		SB2741 Engrossed	- 2 -	LRB104 16302 RLC 29688 b
1        (3) Making or causing the telephone of another
2    repeatedly to ring, with intent to harass any person at
3    the called number;
4        (4) Making repeated telephone calls, during which
5    conversation ensues, solely to harass any person at the
6    called number;
7        (5) Making a telephone call or knowingly inducing a
8    person to make a telephone call for the purpose of
9    harassing another person who is under 13 years of age,
10    regardless of whether the person under 13 years of age
11    consents to the harassment, if the defendant is at least
12    16 years of age at the time of the commission of the
13    offense; or
14        (6) Knowingly permitting any telephone under one's
15    control to be used for any of the purposes mentioned
16    herein.
17    (b) Every telephone directory published for distribution
18to members of the general public shall contain a notice
19setting forth a summary of the provisions of this Section. The
20notice shall be printed in type which is no smaller than any
21other type on the same page and shall be preceded by the word
22"WARNING". All telephone companies in this State shall
23cooperate with law enforcement agencies in using their
24facilities and personnel to detect and prevent violations of
25this Article.
26(Source: P.A. 97-1108, eff. 1-1-13.)
		SB2741 Engrossed	- 3 -	LRB104 16302 RLC 29688 b
1    (720 ILCS 5/26.5-3)
2    Sec. 26.5-3. Harassment through electronic communications.
3    (a) A person commits harassment through electronic
4communications when he or she uses electronic communication
5for any of the following purposes:
6        (1) Making any comment, request, suggestion or
7    proposal which is obscene with an intent to offend;
8        (1.1) Making any comment, request, suggestion, or 
9    proposal which is known or intended to cause another 
10    person significant emotional distress and would cause a 
11    reasonable person to experience significant emotional 
12    distress;
13        (2) Interrupting, with the intent to harass, the
14    telephone service or the electronic communication service
15    of any person, including transmitting any file, document, 
16    or other communication which prevents that person from 
17    using his or her telephone service or electronic 
18    communications device;
19        (3) Transmitting to any person, with the intent to
20    harass, abuse, or threaten injury to, or the property of, 
21    the person to whom an electronic communication is 
22    directed, or to any of his or her family or household 
23    members, [and] regardless of whether the communication is
24    read in its entirety or at all[, any file, document, or ]
25    [other communication which prevents that person from using ]
		SB2741 Engrossed	- 4 -	LRB104 16302 RLC 29688 b
1    [his or her telephone service or electronic communications ]
2    [device];
3        (4) Transmitting an electronic communication or
4    knowingly inducing a person to transmit an electronic
5    communication for the purpose of harassing another person
6    who is under 13 years of age, regardless of whether the
7    person under 13 years of age consents to the harassment,
8    if the defendant is at least 16 years of age at the time of
9    the commission of the offense;
10        (5) Making repeated electronic communications, during 
11    which conversation or text or email messages ensue, solely 
12    to harass the person to whom the electronic communication 
13    is directed [Threatening injury to the person or to the ]
14    [property of the person to whom an electronic communication ]
15    [is directed or to any of his or her family or household ]
16    [members]; or
17        (6) Knowingly permitting any electronic communications
18    device to be used for any of the purposes mentioned in this
19    subsection (a).
20    (b) Telecommunications carriers, commercial mobile service
21providers, and providers of information services, including,
22but not limited to, Internet service providers and hosting
23service providers, are not liable under this Section, except
24for willful and wanton misconduct, by virtue of the
25transmission, storage, or caching of electronic communications
26or messages of others or by virtue of the provision of other
		SB2741 Engrossed	- 5 -	LRB104 16302 RLC 29688 b
1related telecommunications, commercial mobile services, or
2information services used by others in violation of this
3Section.
4(Source: P.A. 97-1108, eff. 1-1-13.)