HB5616 98TH GENERAL ASSEMBLY

LRB098 18103 RLC 53232 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5616

Introduced , by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

720 ILCS 5/37-1	from Ch. 38, par. 37-1
740 ILCS 147/45

Amends the Criminal Code of 2012 and the Illinois Streetgang Terrorism Omnibus Prevention Act. Provides that a streetgang, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, that regularly engages in streetgang related activity constitutes a public nuisance. Provides that any person who regularly associates with others to engage in criminal streetgang activity may be made a defendant in an action to abate any public nuisance resulting from criminal street gang activity.

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 Criminal Code of 2012 is amended by changing Section 37-1 as follows:

(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)

Sec. 37-1. Maintaining Public Nuisance.

(a) Any building used in the commission of offenses prohibited by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39A-1, or subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this Code, or prohibited by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act, or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or any real property erected, established, maintained, owned, leased, or used by a streetgang for the purpose of conducting streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public nuisance.

(a-5) A streetgang, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, that regularly engages in streetgang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, constitutes a public nuisance. For the purposes of this subsection (a-5), "regularly" means at least 5 times in a period of not more than 12 months.

(b) Sentence. A person convicted of knowingly maintaining such a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 10. The Illinois Streetgang Terrorism Omnibus Prevention Act is amended by changing Section 45 as follows:

(740 ILCS 147/45)

Sec. 45. Abatement as public nuisance.

(a) Any real property that is erected, established, maintained, owned, leased, or used by any streetgang for the purpose of conducting streetgang related activity constitutes a public nuisance and may be abated as provided in Article 37 of the Criminal Code of 2012 relating to public nuisances.

(a-5) A streetgang that regularly engages in streetgang related activities constitutes a public nuisance. For the purposes of this subsection (a-5), "regularly" means at least 5 times in a period of not more than 12 months. Any person who regularly associates with others to engage in criminal streetgang activity may be made a defendant in an action to abate any public nuisance resulting from criminal street gang activity.

(b) An action to abate a nuisance under this Section may be brought by the State's Attorney of the county where the seizure occurred.

(c) Any person who is injured by reason of streetgang related activity shall have a cause of action for 3 times the actual damages sustained and, if appropriate, punitive damages; however, no cause of action shall arise under this subsection (c) as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by the Illinois Securities Law of 1953 or by the federal Securities and Exchange Commission. The person shall also recover reasonable attorney's fees, costs, and expenses.

(Source: P.A. 97-1150, eff. 1-25-13.)