96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3680


 
Introduced 2/24/2009, by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-6.4










    Amends the Criminal Code of 1961.  Changes the offense of criminal  street gang recruitment on school grounds or public property adjacent to school grounds to criminal  street gang recruitment on school grounds, public property adjacent to school grounds, or park district property. Eliminates from the elements of the offense that the person must threaten the use of physical force.  Provides that criminal street gang recruitment on school grounds, public property adjacent to school grounds, or park district property 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.
















LRB096 09939 RLC 20103 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3680

LRB096 09939 RLC 20103 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, or park 
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district property.
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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, or park district property when on school 
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grounds,
or public property adjacent to school grounds, or park 
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district property, he or she  coerces, solicits, recruits, or
     
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induces
threatens  the  use  of  physical  force to coerce, solicit, 
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recruit, or
     induce another person to join or remain a member of  
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a  criminal  street gang,  or  conspires  to do 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, or on 
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park district property is a Class 1 felony if the person 
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threatened  the  use  of  physical  force during the commission of 
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the offense.  Criminal street gang recruitment on school 
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grounds, public property adjacent to school grounds, or on park 
 


 






HB3680
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LRB096 09939 RLC 20103 b




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district property 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 
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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.)