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(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who
engages in a streetgang criminal drug conspiracy, as
defined in this Section, is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment as follows:
(1) not less than 15 years and not more than 60 years |
| for a violation of subsection (a) of Section 401;
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(2) not less than 10 years and not more than 30 years
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| for a violation of subsection (c) of Section 401.
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For the purposes of this Section, a person engages in a streetgang
criminal drug conspiracy when:
(i) he or she violates any of the provisions of
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| subsection (a) or (c) of Section 401 of this Act or any provision of the Methamphetamine Control and Community Protection Act; and
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(ii) such violation is part of a conspiracy
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| undertaken or carried out with 2 or more other persons; and
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(iii) such conspiracy is in furtherance of the
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| activities of an organized gang as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act; and
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(iv) he or she occupies a position of organizer, a
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| supervising person, or any other position of management with those persons identified in clause (ii) of this subsection (a).
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The fine for a violation of this Section shall not be more than
$500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act, any person who is convicted under this Section of engaging in a
streetgang criminal drug conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him or her in such
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(2) any of his or her interests in, claims against,
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| receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
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(c) The circuit court may enter such injunctions, restraining
orders, directions or prohibitions, or may take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
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