Public Act 098-1125

SB3538 Enrolled LRB098 19359 RLC 55393 b

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.

(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.)