Synopsis As Introduced Amends the Criminal Code of 2012. Creates the offense of streetgang member loitering. Provides that a person commits the offense when he or she is a streetgang member or is in the company of or acting in concert with a streetgang member and knowingly loiters in a public place under any of the following circumstances: (1) with intent to publicize a criminal streetgang's dominance over certain territory in order to intimidate non-members of the streetgang from entering, remaining in, or using the public place or adjacent area; or (2) with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. Provides that nothing in this provision shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention, or arrest as the law enforcement officer would be permitted to make in absence of this provision. Provides that a streetgang member or a person in the company of or acting in concert with a streetgang member who violates this provision is guilty of a Class A misdemeanor.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but: (1) provides that as an element of the offense a peace officer must inform the person that he or she is subject to arrest and prosecution for failure to obey promptly the order issued by the peace officer that streetgang member loitering is prohibited, or for engaging in further streetgang member loitering within sight or hearing of the place at which the order was issued during the 12-hour period following the time the order was issued; and (2) changes the penalties for the offense by providing that a court shall order a streetgang member or a person in the company of or acting in concert with a streetgang member who commits the offense is guilty of a petty offense for which the person shall be sentenced to perform community service of up to 120 hours for a first or second offense and for a third or subsequent offense is guilty of a Class A misdemeanor.