96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0141


 
Introduced 1/30/2009, by Sen. Martin A. Sandoval
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-6.4










    Amends the Criminal Code of 1961.  Creates the offense of criminal street gang recruitment of a minor. Provides that a person commits the offense when he or she 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, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.  Provides that the penalty is a Class 1 felony.
















LRB096 04807 RLC 14871 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0141

LRB096 04807 RLC 14871 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 and 
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criminal street gang recruitment of a minor.
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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 when on school grounds or public property 
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adjacent to school grounds, he or she  threatens  the  use  of  
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physical  force to coerce, solicit, recruit, or
     induce another 
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person to join or remain a member of  a  criminal  street gang,  or  
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conspires  to do so.
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    (a-5)  A person commits the offense of criminal street gang 
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recruitment of a minor when he or she threatens the use of 
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physical force to coerce, solicit, recruit, or induce another 
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person to join or remain a member of a criminal street gang, or 
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conspires to do so, whether or not such threat is communicated 
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in person, by means of the Internet, or by means of a 
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telecommunications device. 
 


 






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    (b) Sentence. Criminal street gang recruitment on school 
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grounds or public property adjacent to school grounds is a 
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Class 1 felony and criminal street gang recruitment of a minor 
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is a Class 1 felony.
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    (c) In this Section:
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        "Criminal , "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
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        "School "school grounds" means the building or 
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    buildings  or real property comprising a public or private 
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    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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        "Minor" means any person under 18 years of age.
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        "Internet" means an interactive computer service or 
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    system or an information service, system, or access 
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    software provider that provides or enables computer access 
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    by multiple users to a computer server, and includes, but 
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    is not limited to, an information service, system, or 
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    access software provider that provides access to a network 
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    system commonly known as the Internet, or any comparable 
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    system or service and also includes, but is not limited to, 
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    a World Wide Web page, newsgroup, message board, mailing 
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    list, or chat area on any interactive computer service or 
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    system or other online service.
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        "Telecommunications device" means a device that is 
 


 






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    capable of receiving or transmitting speech, data, 
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    signals, text, images, sounds, codes, or other information 
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    including, but not limited to, paging devices, telephones, 
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    and cellular and mobile telephones. 
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(Source: P.A. 93-938, eff. 1-1-05.)