HB3416 Engrossed LRB095 09256 RLC 32276 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 adding Section 5-8-2.5 as follows:
 
6     (730 ILCS 5/5-8-2.5 new)
7     Sec. 5-8-2.5. Internet felonies committed by streetgang
8 members; enhanced penalties. If a streetgang member is
9 convicted of a felony and uses the Internet to commit that
10 felony, the court shall sentence the offender to a penalty that
11 is one class higher than the penalty for the offense that the
12 offender committed, except that if the felony is a Class X
13 felony, Class 1 felony, first or second degree murder, or an
14 offense for which the death penalty or life imprisonment may be
15 imposed as a consequence of conviction, then the penalty shall
16 be the same as provided in Section 9-1 of the Criminal Code of
17 1961 or Section 5-8-1 or 5-8-2 of this Code for such offense.
18 For the purpose of this Section, "Internet" has the meaning
19 ascribed to it in Section 16J-5 of the Criminal Code of 1961 as
20 added by Public Act 94-179, and "streetgang member" has the
21 meaning ascribed to it in Section 10 of the Illinois Streetgang
22 Terrorism Omnibus Prevention Act.