Public Act 93-0337
HB2529 Enrolled LRB093 09953 RLC 10204 b
AN ACT in relation to streetgangs.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Streetgang Terrorism Omnibus
Prevention Act is amended by changing Section 10 as follows:
(740 ILCS 147/10)
Sec. 10. Definitions.
"Course or pattern of criminal activity" means 2 or more
gang-related criminal offenses committed in whole or in part
within this State when:
(1) at least one such offense was committed after
the effective date of this Act;
(2) both offenses were committed within 5 years of
each other; and
(3) at least one offense involved the solicitation
to commit, conspiracy to commit, attempt to commit, or
commission of any offense defined as a felony or forcible
felony under the Criminal Code of 1961.
"Course or pattern of criminal activity" also means one
or more acts of criminal defacement of property under Section
21-1.3 of the Criminal Code of 1961, if the defacement
includes a sign or other symbol intended to identify the
streetgang.
"Designee of State's Attorney" or "designee" means any
attorney for a public authority who has received written
permission from the State's Attorney to file or join in a
civil action authorized by this Act.
"Public authority" means any unit of local government or
school district created or established under the Constitution
or laws of this State.
"State's Attorney" means the State's Attorney of any
county where an offense constituting a part of a course or
pattern of gang-related criminal activity has occurred or has
been committed.
"Streetgang" or "gang" or "organized gang" or "criminal
street gang" means any combination, confederation, alliance,
network, conspiracy, understanding, or other similar
conjoining, in law or in fact, of 3 or more persons with an
established hierarchy that, through its membership or through
the agency of any member engages in a course or pattern of
criminal activity.
For purposes of this Act, it shall not be necessary to
show that a particular conspiracy, combination, or conjoining
of persons possesses, acknowledges, or is known by any common
name, insignia, flag, means of recognition, secret signal or
code, creed, belief, structure, leadership or command
structure, method of operation or criminal enterprise,
concentration or specialty, membership, age, or other
qualifications, initiation rites, geographical or territorial
situs or boundary or location, or other unifying mark,
manner, protocol or method of expressing or indicating
membership when the conspiracy's existence, in law or in
fact, can be demonstrated by a preponderance of other
competent evidence. However, any evidence reasonably tending
to show or demonstrate, in law or in fact, the existence of
or membership in any conspiracy, confederation, or other
association described herein, or probative of the existence
of or membership in any such association, shall be admissible
in any action or proceeding brought under this Act.
"Streetgang member" or "gang member" means any person who
actually and in fact belongs to a gang, and any person who
knowingly acts in the capacity of an agent for or accessory
to, or is legally accountable for, or voluntarily associates
himself with a course or pattern of gang-related criminal
activity, whether in a preparatory, executory, or cover-up
phase of any activity, or who knowingly performs, aids, or
abets any such activity.
"Streetgang related" or "gang-related" means any criminal
activity, enterprise, pursuit, or undertaking directed by,
ordered by, authorized by, consented to, agreed to, requested
by, acquiesced in, or ratified by any gang leader, officer,
or governing or policy-making person or authority, or by any
agent, representative, or deputy of any such officer, person,
or authority:
(1) with the intent to increase the gang's size,
membership, prestige, dominance, or control in any
geographical area; or
(2) with the intent to provide the gang with any
advantage in, or any control or dominance over any
criminal market sector, including but not limited to, the
manufacture, delivery, or sale of controlled substances
or cannabis; arson or arson-for-hire; traffic in stolen
property or stolen credit cards; traffic in prostitution,
obscenity, or pornography; or that involves robbery,
burglary, or theft; or
(3) with the intent to exact revenge or retribution
for the gang or any member of the gang; or
(4) with the intent to obstruct justice, or
intimidate or eliminate any witness against the gang or
any member of the gang; or
(5) with the intent to otherwise directly or
indirectly cause any benefit, aggrandizement, gain,
profit or other advantage whatsoever to or for the gang,
its reputation, influence, or membership.
(Source: P.A. 87-932; 88-467.)