093_HB1350eng

 
HB1350 Engrossed                     LRB093 09945 RLC 10196 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The  Criminal  Code  of  1961  is amended by
 5    changing Section 12-6.1 as follows:

 6        (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
 7        Sec.  12-6.1.  Compelling  organization   membership   of
 8    persons.
 9        (a)  A  person who expressly or impliedly threatens to do
10    bodily harm or does bodily harm to an individual or  to  that
11    individual's  family  or  uses  any other criminally unlawful
12    means to solicit or cause any person to join,  or  deter  any
13    person   from   leaving,   any  organization  or  association
14    regardless of the nature of such organization or association,
15    is guilty of a Class 2 felony.
16        Any person of the age of 18 years or older who  expressly
17    or  impliedly threatens to do bodily harm or does bodily harm
18    to a  person  under  18  years  of  age  or  uses  any  other
19    criminally  unlawful  means  to  solicit  or cause any person
20    under 18 years of age to join, or deter any person  under  18
21    years  of  age  from leaving, any organization or association
22    regardless of the nature of such organization or  association
23    is guilty of a Class 1 felony.
24        (b)  Compelling organization membership of persons within
25    a  school,  on the real property comprising a school, or in a
26    conveyance owned,  leased,  or  contracted  by  a  school  to
27    transport  students  to  or  from  school or a school related
28    activity is a Class 3 felony for a first offense, a  Class  1
29    felony for a second offense, and a Class X felony for a third
30    or  subsequent  offense if the defendant is under 18 years of
31    age at the time of the offense.  If the defendant is 18 years
 
HB1350 Engrossed            -2-      LRB093 09945 RLC 10196 b
 1    of age or older at the time of the offense, the  penalty  for
 2    violating this subsection (b) is a Class 2 felony for a first
 3    offense, a Class 1 felony for a second offense, and a Class X
 4    felony for a third or subsequent offense.
 5        (c)  A  person convicted of an offense under this Section
 6    shall not be eligible to receive  a  sentence  of  probation,
 7    conditional discharge, or periodic imprisonment.
 8        (d)  In  this Section, "school" means a public or private
 9    elementary or secondary school, community  college,  college,
10    or university.
11    (Source: P.A. 91-696, eff. 4-13-00.)