99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2167
 
Introduced 8/19/2015, by Sen. John G. Mulroe
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Criminal Code of 2012. Provides that a person also commits a false personation when he or she knowingly and falsely
represents himself or herself to be: (1) an active-duty member of the Armed Services or Reserve
Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve
Forces of the United States or the National Guard; and (2) obtains money, property, or another tangible benefit through that false representation. Provides that a violation is a petty offense for which the offender shall be fined at least $100 and not more than $200. Effective immediately.



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A BILL FOR
 


SB2167LRB099 13088 RLC 37077 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 changing 
5Section 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

17 charitable, public safety personnel, or veterans' 
18 organization.
"Public safety personnel organization" has 
19 the meaning ascribed to that term
in Section 1 of the 
20 Solicitation for Charity Act.

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

2 Armed Services or Reserve
Forces of the United States.

3  (2.1) A person commits a false personation when he or 
4 she knowingly and falsely
represents himself or herself to 
5 be:
6   (A) an active-duty member of the Armed Services or 
7 Reserve
Forces of the United States or the National 
8 Guard or a veteran of the Armed Services or Reserve

9 Forces of the United States or the National Guard; and
10   (B) obtains money, property, or another tangible 
11 benefit through that false representation.
12  In this paragraph, "member of the Armed Services or 
13 Reserve
Forces of the United States" means a member of the 
14 United States Navy, Army, Air Force, Marine Corps, or Coast 
15 Guard; and "veteran" means a person who has served in the

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

16  (4) No person may knowingly claim or represent that he 
17 or she is acting on behalf
of
any public safety personnel 
18 organization when soliciting financial contributions or 
19 selling or
delivering or offering
to sell or deliver any 
20 merchandise, goods, services, memberships, or

21 advertisements unless the
chief of the police department, 
22 fire department, and the
corporate or municipal authority 
23 thereof,
or the sheriff has first
entered into a written

24 agreement with the person or with an organization with 
25 which the person is
affiliated and the
agreement permits 
26 the activity and specifies and states clearly and fully the 
 
 
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1 purpose for which the proceeds of the solicitation, 
2 contribution, or sale will be used.

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

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

8 organization by any name which includes "officer", "peace 
9 officer", "police",
"law
enforcement", "trooper", 
10 "sheriff", "deputy", "deputy sheriff", "State police",
or 
11 any other word
or words which would reasonably be 
12 understood to imply that the organization is
composed of

13 law enforcement personnel unless:
14   (A) the person is actually representing or acting

15 on behalf of the
nongovernmental organization;
16   (B) the nongovernmental organization is
controlled 
17 by and
governed by a membership of and represents a 
18 group or association of active
duty peace officers,

19 retired peace officers, or injured peace officers; and
20   (C) before commencing the
solicitation or the
sale 
21 or the offers to sell any merchandise, goods, services, 
22 memberships, or
advertisements, a
written contract 
23 between the soliciting or selling person and the

24 nongovernmental
organization, which specifies and 
25 states clearly and fully the purposes for which the 
26 proceeds of the solicitation, contribution, or sale 
 
 
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1 will be used, has been entered into.

2  (6) No person, when soliciting financial contributions 
3 or selling or
delivering or
offering to sell or deliver any 
4 merchandise, goods, services, memberships, or

5 advertisements,
may knowingly claim or represent that he or 
6 she is representing or acting on behalf of
any 
7 nongovernmental
organization by any name which includes 
8 the term "fireman", "fire fighter",
"paramedic", or any

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

20 Training Act)
or active duty, retired, or injured 
21 emergency medical technicians - ambulance,
emergency

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

7  (7) No person may knowingly claim or represent that he 
8 or she is an airman, airline employee, airport employee, or 
9 contractor at an airport in order to obtain the uniform, 
10 identification card, license, or other identification 
11 paraphernalia of an airman, airline employee, airport 
12 employee, or contractor at an airport.

13  (8) No person, firm,
copartnership, or corporation 
14 (except corporations organized and doing business
under 
15 the Pawners Societies Act)
shall knowingly use a name that 
16 contains in it the words
"Pawners' Society". 
17 (b) False personation; public officials and employees. A 
18person commits a false personation if he or she knowingly and 
19falsely represents himself or herself to be any of the 
20following:
21  (1) An attorney authorized to practice law for purposes 
22 of compensation or consideration. This paragraph (b)(1) 
23 does not apply to a person who unintentionally fails to pay 
24 attorney registration fees established by Supreme Court 
25 Rule.
26  (2) A public officer or a public employee or an 
 
 
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1 official or employee of the federal government.
2  (2.3) A public officer, a public employee, or an 
3 official or employee of the federal government, and the 
4 false representation is made in furtherance of the 
5 commission of felony.
6  (2.7) A public officer or a public employee, and the 
7 false representation is for the purpose of effectuating 
8 identity theft as defined in Section 16-30 of this Code. 
9  (3) A peace officer.
10  (4) A peace officer while carrying a deadly weapon.
11  (5) A peace officer in attempting or committing a 
12 felony.
13  (6) A peace officer in attempting or committing a 
14 forcible felony.
15  (7) The parent, legal guardian, or other relation of a 
16 minor child to any public official, public employee, or 
17 elementary or secondary school employee or administrator.
18  (7.5) The legal guardian, including any representative 
19 of a State or public guardian, of a disabled person 
20 appointed under Article XIa of the Probate Act of 1975. 
21  (8) A fire fighter.
22  (9) A fire fighter while carrying a deadly weapon.
23  (10) A fire fighter in attempting or committing a 
24 felony.
25  (11) An emergency management worker of any 
26 jurisdiction in this State.
 
 
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1  (12) An emergency management worker of any 
2 jurisdiction in this State in attempting or committing a 
3 felony.
For the purposes of this subsection (b), "emergency 
4 management worker" has the meaning provided under Section 
5 2-6.6 of this Code.
6 (b-5) The trier of fact may infer that a person falsely 
7represents himself or herself to be a public officer or a 
8public employee or an official or employee of the federal 
9government if the person:
10  (1) wears or displays without authority any uniform, 
11 badge, insignia, or facsimile thereof by which a public 
12 officer or public employee or official or employee of the 
13 federal government is lawfully distinguished; or
14  (2) falsely expresses by word or action that he or she 
15 is a public officer or public employee or official or 
16 employee of the federal government and is acting with 
17 approval or authority of a public agency or department.
18 (c) Fraudulent advertisement of a corporate name.
19  (1) A company, association, or individual commits 
20 fraudulent advertisement of a corporate name if he, she, or 
21 it, not being incorporated, puts forth a sign or 
22 advertisement and assumes, for the purpose of soliciting 
23 business, a corporate name.
24  (2) Nothing contained in this subsection (c) prohibits 
25 a corporation, company, association, or person from using a 
26 divisional designation or trade name in conjunction with 
 
 
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1 its corporate name or assumed name under Section 4.05 of 
2 the Business Corporation Act of 1983 or, if it is a member 
3 of a partnership or joint venture, from doing partnership 
4 or joint venture business under the partnership or joint 
5 venture name. The name under which the joint venture or 
6 partnership does business may differ from the names of the 
7 members. Business may not be conducted or transacted under 
8 that joint venture or partnership name, however, unless all 
9 provisions of the Assumed Business Name Act have been 
10 complied with. Nothing in this subsection (c) permits a 
11 foreign corporation to do business in this State without 
12 complying with all Illinois laws regulating the doing of 
13 business by foreign corporations. No foreign corporation 
14 may conduct or transact business in this State as a member 
15 of a partnership or joint venture that violates any 
16 Illinois law regulating or pertaining to the doing of 
17 business by foreign corporations in Illinois.
18  (3) The provisions of this subsection (c) do not apply 
19 to limited partnerships formed under the Revised Uniform 
20 Limited Partnership Act or under the Uniform Limited 
21 Partnership Act (2001).
22 (d) False law enforcement badges.
23  (1) A person commits false law enforcement badges if he 
24 or she knowingly produces, sells, or distributes a law 
25 enforcement badge without the express written consent of 
26 the law enforcement agency represented on the badge or, in 
 
 
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1 case of a reorganized or defunct law enforcement agency, 
2 its successor law enforcement agency.
3  (2) It is a defense to false law enforcement badges 
4 that the law enforcement badge is used or is intended to be 
5 used exclusively: (i) as a memento or in a collection or 
6 exhibit; (ii) for decorative purposes; or (iii) for a 
7 dramatic presentation, such as a theatrical, film, or 
8 television production.
9 (e) False medals.
10  (1) A person commits a false personation if he or she 
11 knowingly and falsely represents himself or herself to be a 
12 recipient of, or wears on his or her person, any of the 
13 following medals if that medal was not awarded to that 
14 person by the United States Government, irrespective of 
15 branch of service: The Congressional Medal of Honor, The 
16 Distinguished Service Cross, The Navy Cross, The Air Force 
17 Cross, The Silver Star, The Bronze Star, or the Purple 
18 Heart.
19  (2) It is a defense to a prosecution under paragraph 
20 (e)(1) that the medal is used, or is intended to be used, 
21 exclusively:
22   (A) for a dramatic presentation, such as a 
23 theatrical, film, or television production, or a 
24 historical re-enactment; or
25   (B) for a costume worn, or intended to be worn, by 
26 a person under 18 years of age.
 
 
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1 (f) Sentence.
2  (1) A violation of paragraph (a)(8) is a petty offense 
3 subject to a fine of not less than $5 nor more than $100, 
4 and the person, firm, copartnership, or corporation 
5 commits an additional petty offense for each day he, she, 
6 or it continues to commit the violation. A violation of 
7 paragraph (c)(1) is a petty offense, and the company, 
8 association, or person commits an additional petty offense 
9 for each day he, she, or it continues to commit the 
10 violation. A violation of paragraph (a)(2.1) or subsection 
11 (e) is a petty offense for which the offender shall be 
12 fined at least $100 and not more than $200.
13  (2) A violation of paragraph (a)(1), (a)(3), or 
14 (b)(7.5) is a Class C misdemeanor.
15  (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), 
16 (b)(2), or (b)(7) or subsection (d) is a Class A 
17 misdemeanor. A second or subsequent violation of 
18 subsection (d) is a Class 3 felony.
19  (4) A violation of paragraph (a)(4), (a)(5), (a)(6), 
20 (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a 
21 Class 4 felony.
22  (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) 
23 is a Class 3 felony.
24  (6) A violation of paragraph (b)(5) or (b)(10) is a 
25 Class 2 felony.
26  (7) A violation of paragraph (b)(6) is a Class 1 
 
 
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1 felony. 

2 (g) A violation of subsection (a)(1) through (a)(7) or 
3subsection (e) of this Section may be accomplished in person or 
4by any means of communication, including but not limited to the 
5use of an Internet website or any form of electronic 
6communication.
7(Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; 
8incorporates change to Sec. 32-5 from 97-219; 97-1109, eff. 
91-1-13; 98-1125, eff. 1-1-15.)



10 Section 99. Effective date. This Act takes effect upon 
11becoming law.