95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0434


 
Introduced 1/26/2007, by Rep. Ruth Munson - Sandy Cole - Dennis M. Reboletti - Franco Coladipietro
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-6.4










    Amends the Criminal Code of 1961.  Eliminates from the elements of the offense of  criminal  street gang recruitment on school grounds or public property adjacent to school grounds that the person must threaten the use of physical force.  Provides that criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 2 felony if the person did not threaten  the  use  of  physical  force during the commission of the offense and a Class 1 felony if the person threatened the use of physical force during the commission of the offense.
















LRB095 03705 RLC 23732 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0434

LRB095 03705 RLC 23732 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-6.4 as follows:
 
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    (720 ILCS 5/12-6.4)
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    Sec. 12-6.4. Criminal street gang recruitment on school 
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grounds or public property adjacent to school grounds.
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    (a) A  person  commits the offense of  criminal  street gang 
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recruitment on school grounds or public property adjacent to 
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school grounds when on school grounds or public property 
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adjacent to school grounds, he or she  coerces, solicits, 
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recruits, or
     induces
threatens  the  use  of  physical  force to 
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coerce, solicit, recruit, or
     induce another person to join or 
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remain a member of  a  criminal  street gang,  or  conspires  to do 
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so.
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    (b) Sentence. Criminal street gang recruitment on school 
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grounds or public property adjacent to school grounds is a 
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Class 1 felony if the person threatened  the  use  of  physical  
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force during the commission of the offense.  Criminal street 
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gang recruitment on school grounds or public property adjacent 
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to school grounds is a Class 2 felony if the person did not 
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threaten  the  use  of  physical  force during the commission of the 
 


 






HB0434
- 2 -
LRB095 03705 RLC 23732 b




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offense.
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    (c) In this Section, "criminal street gang" has the meaning 
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ascribed to it in Section 10 of the Illinois Streetgang 
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Terrorism Omnibus Prevention Act and "school grounds" means the 
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building or buildings  or real property comprising a public or 
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private elementary or secondary school, community college, 
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college, or university and includes a school yard, school 
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playing field, or school playground.

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(Source: P.A. 93-938, eff. 1-1-05.)