HB3971 101ST GENERAL ASSEMBLY

LRB101 15451 RLC 64783 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3971

Introduced 1/8/2020, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

720 ILCS 5/25-1

from Ch. 38, par. 25-1

Amends the Criminal Code of 2012 concerning mob action. Provides that a student of a public, private, or parochial elementary or secondary school shall be exempt from prosecution for mob action if the event occurred on the grounds of that public, private, or parochial elementary or secondary school during regular school hours.

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 25-1 as follows:

(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)

Sec. 25-1. Mob action.

(a) A person commits mob action when he or she engages in any of the following:

(1) the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;

(2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or

(3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

(a-5) A student of a public, private, or parochial elementary or secondary school shall be exempt from prosecution under this Section if the event occurred on the grounds of that public, private, or parochial elementary or secondary school during regular school hours.

(b) Sentence.

(1) Mob action in violation of paragraph (1) of subsection (a) is a Class 4 felony.

(2) Mob action in violation of paragraphs (2) and (3) of subsection (a) is a Class C misdemeanor.

(3) A participant in a mob action that by violence inflicts injury to the person or property of another commits a Class 4 felony.

(4) A participant in a mob action who does not withdraw when commanded to do so by a peace officer commits a Class A misdemeanor.

(5) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service. This paragraph does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)