HB3680eng 96TH GENERAL ASSEMBLY

HB3680 Engrossed LRB096 09939 RLC 20103 b

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 12-6.4 as follows:

(720 ILCS 5/12-6.4)

Sec. 12-6.4. Criminal street gang recruitment on school grounds, or public property adjacent to school grounds, or park district property.

(a) A person commits the offense of criminal street gang recruitment on school grounds, or public property adjacent to school grounds, or park district property when on school grounds, or public property adjacent to school grounds, or park district property, he or she coerces, solicits, recruits, or induces threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.

(b) Sentence. Criminal street gang recruitment on school grounds, or public property adjacent to school grounds, or on park district property is a Class 1 felony if the person threatened the use of physical force during the commission of the offense. Criminal street gang recruitment on school grounds, public property adjacent to school grounds, or on 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.

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

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