Sen. Don Harmon

Filed: 5/6/2013

 

 


 

 


 
09800HB2898sam001LRB098 09052 RLC 45331 a

1
AMENDMENT TO HOUSE BILL 2898

2    AMENDMENT NO. ______. Amend House Bill 2898 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-6.4 as follows:
 
6    (720 ILCS 5/12-6.4)
7    Sec. 12-6.4. Criminal street gang recruitment; aggravating
8factors on school grounds or public property adjacent to school
9grounds and criminal street gang recruitment of a minor.
10    (a) A person commits criminal street gang recruitment when
11he or she recruits, solicits, or induces another person to join
12or remain a member of a criminal street gang. on school grounds
13or public property adjacent to school grounds when on school
14grounds or public property adjacent to school grounds, he or
15she knowingly threatens the use of physical force to coerce,
16solicit, recruit, or induce another person to join or remain a

 

 

09800HB2898sam001- 2 -LRB098 09052 RLC 45331 a

1member of a criminal street gang, or conspires to do so.
2    (a-5) (Blank). A person commits the offense of criminal
3street gang recruitment of a minor when he or she threatens the
4use of physical force to coerce, solicit, recruit, or induce
5another person to join or remain a member of a criminal street
6gang, or conspires to do so, whether or not such threat is
7communicated in person, by means of the Internet, or by means
8of a telecommunications device.
9    (b) Sentence.
10        (1) Except as provided in paragraphs (2), (3), and (4)
11    of this subsection (b), criminal Criminal street gang
12    recruitment is a Class 4 felony.
13        (2) Criminal street gang recruitment is a Class 3
14    felony if the person recruited, solicited, or induced is a
15    minor.
16        (3) Criminal street gang recruitment is a Class 1
17    felony if the person is on school grounds, public property
18    adjacent to school grounds, or in a public park and he or
19    she knowingly threatens the use of physical force to
20    coerce, solicit, recruit, or induce another person to join
21    or remain a member of a criminal street gang, or conspires
22    to do so.
23        (4) Criminal street gang recruitment is a Class 1
24    felony if the person threatens the use of physical force to
25    coerce, solicit, recruit, or induce a minor to join or
26    remain a member of a criminal street gang, or conspires to

 

 

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1    do so, whether or not the threat is communicated in person,
2    by means of the Internet, or by means of a
3    telecommunications device. on school grounds or public
4    property adjacent to school grounds is a Class 1 felony and
5    criminal street gang recruitment of a minor is a Class 1
6    felony.
7    (c) In this Section:
8        "Criminal street gang" has the meaning ascribed to the
9    term in Section 10 of the Illinois Streetgang Terrorism
10    Omnibus Prevention Act.
11        "Public park" includes a park, forest preserve, or
12    conservation area under the jurisdiction of the State or a
13    unit of local government.
14        "School bus" has the meaning ascribed to the term in
15    Section 1-182 of the Illinois Vehicle Code.
16        "School grounds" means the property, including
17    buildings and grounds, of a public or private elementary,
18    secondary, or post-secondary school, or a public or private
19    2-year or 4-year institution of higher education; public
20    property or property open to public use within 1,000 feet
21    of school property; a school bus; a designated school bus
22    stop; and public property or property open to public use
23    which is within 1,000 feet of the school bus stop, during
24    the time when school children are waiting to be picked up
25    and transported to or are being dropped off from school or
26    a school-sponsored activity. the building or buildings or

 

 

09800HB2898sam001- 4 -LRB098 09052 RLC 45331 a

1    real property comprising a public or private elementary or
2    secondary school, community college, college, or
3    university and includes a school yard, school playing
4    field, or school playground.
5        "Minor" means any person under 18 years of age.
6        "Internet" means an interactive computer service or
7    system or an information service, system, or access
8    software provider that provides or enables computer access
9    by multiple users to a computer server, and includes, but
10    is not limited to, an information service, system, or
11    access software provider that provides access to a network
12    system commonly known as the Internet, or any comparable
13    system or service and also includes, but is not limited to,
14    a World Wide Web page, newsgroup, message board, mailing
15    list, or chat area on any interactive computer service or
16    system or other online service.
17        "Telecommunications device" means a device that is
18    capable of receiving or transmitting speech, data,
19    signals, text, images, sounds, codes, or other information
20    including, but not limited to, paging devices, telephones,
21    and cellular and mobile telephones.
22(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.)".