Rep. Melissa Conyears-Ervin
Filed: 5/24/2017
 
 

 

 

 
10000SB1759ham001LRB100 11326 RLC 26971 a



1
AMENDMENT TO SENATE BILL 1759




2    AMENDMENT NO. ______. Amend Senate Bill 1759 by replacing 
3everything after the enacting clause with the following:


  
 
4    "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 12-6.6 as follows:
 
6    (720 ILCS 5/12-6.6 new)
7    Sec. 12-6.6. Streetgang member loitering.
8    (a) In this Section: 
9        "Loiter" means:
10            (1) standing, sitting idly, whether or not the


11        person is in a vehicle, or remaining in or around a 
12        public place including a school or public park 
13        property;
14            (2) standing, sitting idly, whether or not the


15        person is in a vehicle, or remaining in or around a 
16        public place including a school or public park 
 
 
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1        property; or
2            (3) entering or remaining in a building in or


3        around a public place, other than the person's 
4        residence.
5        "Public place" means the public way and any other 
6    location open to the public, whether publicly or privately 
7    owned, including, but not limited to any street, sidewalk, 
8    avenue, highway, road, curb area, alley, park, playground 
9    or other public ground or public building, any common area 
10    of a school, hospital, apartment house, office building, 
11    transport facility, shop, privately owned place of 
12    business, to which the public is invited, including any 
13    place of amusement, entertainment, or eating place. 
14    "Public place" also includes the front yard area, driveway 
15    and walkway of any private residence, business, or 
16    apartment house. 
17        "Streetgang" and "streetgang member" have the meanings 
18    ascribed to them in  Section 10 of the Illinois Streetgang 
19    Terrorism Omnibus Prevention Act.
20    (b)  A person commits streetgang member loitering when he or 
21she  is a streetgang member or is in the company of or acting in 
22concert with a streetgang member and knowingly loiters in a 
23public place under any of the following circumstances:
24        (1)  with the intent to publicize a criminal 
25    streetgang's dominance over certain territory in order to 
26    intimidate non-members of the streetgang from entering, 
 
 
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1    remaining in, or using the public place or adjacent area;

2    or
3        (2)
with the intent to conceal ongoing commerce in 
4    illegal drugs or other unlawful activity.
5    (c)  Nothing in this Section shall be construed in any way 
6to limit the power or right of a law enforcement officer to 
7make any investigation, detention, or arrest as the law 
8enforcement officer would be permitted to make in absence of 
9this Section.
10    (d)  Sentence.  A streetgang member or a person in the 
11company of or acting in concert with a streetgang member who 
12violates this Section is guilty of a Class A misdemeanor.".