HB3416 95TH GENERAL ASSEMBLY

LRB095 09256 RLC 32276 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3416

Introduced 2/27/2007, by Rep. Ruth Munson - Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8-2.5 new

Amends the Unified Code of Corrections. Provides that if a streetgang member is convicted of a felony and uses the Internet to commit that felony, the court shall sentence the offender to a penalty that is one class higher than the penalty for the offense that the offender committed, except that if the felony is a Class X felony, first or second degree murder, or an offense for which the death penalty or life imprisonment may be imposed as a consequence of conviction, then the penalty shall be the same as provided by law for such offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Unified Code of Corrections is amended by adding Section 5-8-2.5 as follows:

(730 ILCS 5/5-8-2.5 new)

Sec. 5-8-2.5. Internet felonies committed by streetgang members; enhanced penalties. If a streetgang member is convicted of a felony and uses the Internet to commit that felony, the court shall sentence the offender to a penalty that is one class higher than the penalty for the offense that the offender committed, except that if the felony is a Class X felony, first or second degree murder, or an offense for which the death penalty or life imprisonment may be imposed as a consequence of conviction, then the penalty shall be the same as provided in Section 9-1 of the Criminal Code of 1961 or Section 5-8-1 or 5-8-2 of this Code for such offense. For the purpose of this Section, "Internet" has the meaning ascribed to it in Section 16J-5 of the Criminal Code of 1961 as added by Public Act 94-179, and "streetgang member" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.