95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0965


 
Introduced 2/8/2007, by Rep. Linda Chapa LaVia
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/33D-1
  from Ch. 38, par. 33D-1







    Amends the Criminal Code of 1961.  Provides that any person of the age of 21 years and upwards who with
the intent to promote or facilitate the commission of a gang-related offense, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act that is
either a felony or misdemeanor, solicits,
compels, or directs any person under the age of 17 years in the commission
of the offense commits the
offense of contributing to the criminal delinquency of a juvenile and is legally accountable for the gang-related offense committed by the  person under the age of 17 years as a result of such solicitation, compulsion, or direction.  Provides that the penalty for contributing to the criminal delinquency of a juvenile under this provision  is the same as the penalty for the offense  committed by the person under 17 years of age as a result of the solicitation, compulsion, or direction by the person of the age of 21 years and upwards.
















LRB095 06765 RLC 26881 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0965

LRB095 06765 RLC 26881 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 33D-1 as follows:
 



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    (720 ILCS 5/33D-1)  (from Ch. 38, par. 33D-1)



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    Sec. 33D-1. (a) Contributing to the criminal delinquency of 
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a
juvenile. Any person of the age of 21 years and upwards, who 
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with
the intent to promote or facilitate the commission of an 
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offense that is
either a felony or misdemeanor, solicits,

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compels, or directs any person under the age of 17 years in the 
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commission
of the offense commits the
offense of contributing 
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to the criminal delinquency of a juvenile.

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    (a-5)  Any person of the age of 21 years and upwards who 
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with
the intent to promote or facilitate the commission of a 
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gang-related offense, as defined in Section 10 of the Illinois 
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Streetgang Terrorism Omnibus Prevention Act that is
either a 
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felony or misdemeanor, solicits,
compels, or directs any person 
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under the age of 17 years in the commission
of the offense 
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commits the
offense of contributing to the criminal delinquency 
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of a juvenile and is legally accountable for the gang-related 
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offense committed by the  person under the age of 17 years as a 
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result of such solicitation, compulsion, or direction.

 


 






HB0965
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LRB095 06765 RLC 26881 b




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    (b) Sentence. 
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        (1)
Except as otherwise provided in paragraph (2) of 
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    this subsection (b), contributing
Contributing to the 
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    criminal delinquency of a juvenile is a
felony
one grade 
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    higher than the offense committed, if the offense committed 
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    is a
felony, except when the offense
committed is first 
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    degree murder or a Class X felony. Except as otherwise 
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    provided in paragraph (2) of this subsection (b), when
When

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    the offense
committed is
first degree murder or a Class X 
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    felony, the penalty for contributing to the
criminal

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    delinquency of a juvenile is the same as the penalty for 
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    first degree murder or
a Class
X felony, respectively. 
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    Except as otherwise provided in paragraph (2) of this 
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    subsection (b), contributing
Contributing to the criminal 
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    delinquency of a juvenile is a misdemeanor one
grade higher 
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    than the offense committed, if the offense committed is a

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    misdemeanor, except when the offense committed is a Class A 
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    misdemeanor.  Except as otherwise provided in paragraph (2) 
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    of this subsection (b), if
If
the offense committed is a 
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    Class A misdemeanor, the penalty for contributing to
the 
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    criminal delinquency of a juvenile is a Class 4 felony.

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        (2)  The penalty for contributing to the criminal 
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    delinquency of a juvenile under subsection (a-5) is the 
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    same as the penalty for the offense  committed by the person 
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    under 17 years of age as a result of the solicitation, 
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    compulsion, or direction by the person of the age of 21 
 


 






HB0965
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LRB095 06765 RLC 26881 b




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    years and upwards.

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(Source: P.A. 91-337, eff. 1-1-00.)