Illinois General Assembly - Full Text of HB2529
Illinois General Assembly

Previous General Assemblies

Full Text of HB2529  93rd General Assembly

HB2529enr 93rd General Assembly


HB2529 Enrolled                      LRB093 09953 RLC 10204 b

 1        AN ACT in relation to streetgangs.

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

 4        Section 5.  The  Illinois  Streetgang  Terrorism  Omnibus
 5    Prevention Act is amended by changing Section 10 as follows:

 6        (740 ILCS 147/10)
 7        Sec. 10. Definitions.
 8        "Course  or pattern of criminal activity" means 2 or more
 9    gang-related criminal offenses committed in whole or in  part
10    within this State when:
11             (1)  at  least  one such offense was committed after
12        the effective date of this Act;
13             (2)  both offenses were committed within 5 years  of
14        each other; and
15             (3)  at  least one offense involved the solicitation
16        to commit, conspiracy to commit, attempt  to  commit,  or
17        commission of any offense defined as a felony or forcible
18        felony under the Criminal Code of 1961.
19        "Course  or  pattern of criminal activity" also means one
20    or more acts of criminal defacement of property under Section
21    21-1.3 of the  Criminal  Code  of  1961,  if  the  defacement
22    includes  a  sign  or  other  symbol intended to identify the
23    streetgang.
24        "Designee of State's Attorney" or  "designee"  means  any
25    attorney  for  a  public  authority  who has received written
26    permission from the State's Attorney to file  or  join  in  a
27    civil action authorized by this Act.
28        "Public  authority" means any unit of local government or
29    school district created or established under the Constitution
30    or laws of this State.
31        "State's Attorney" means  the  State's  Attorney  of  any
HB2529 Enrolled             -2-      LRB093 09953 RLC 10204 b
 1    county  where  an  offense constituting a part of a course or
 2    pattern of gang-related criminal activity has occurred or has
 3    been committed.
 4        "Streetgang" or "gang" or "organized gang"  or  "criminal
 5    street  gang" means any combination, confederation, alliance,
 6    network,  conspiracy,   understanding,   or   other   similar
 7    conjoining,  in  law or in fact, of 3 or more persons with an
 8    established hierarchy that, through its membership or through
 9    the agency of any member engages in a course  or  pattern  of
10    criminal activity.
11        For  purposes  of  this Act, it shall not be necessary to
12    show that a particular conspiracy, combination, or conjoining
13    of persons possesses, acknowledges, or is known by any common
14    name, insignia, flag, means of recognition, secret signal  or
15    code,   creed,   belief,  structure,  leadership  or  command
16    structure,  method  of  operation  or  criminal   enterprise,
17    concentration   or   specialty,  membership,  age,  or  other
18    qualifications, initiation rites, geographical or territorial
19    situs or  boundary  or  location,  or  other  unifying  mark,
20    manner,  protocol  or  method  of  expressing  or  indicating
21    membership  when  the  conspiracy's  existence,  in law or in
22    fact,  can  be  demonstrated  by  a  preponderance  of  other
23    competent evidence.  However, any evidence reasonably tending
24    to show or demonstrate, in law or in fact, the  existence  of
25    or  membership  in  any  conspiracy,  confederation, or other
26    association described herein, or probative of  the  existence
27    of or membership in any such association, shall be admissible
28    in any action or proceeding brought under this Act.
29        "Streetgang member" or "gang member" means any person who
30    actually  and  in  fact belongs to a gang, and any person who
31    knowingly acts in the capacity of an agent for  or  accessory
32    to,  or is legally accountable for, or voluntarily associates
33    himself with a course or  pattern  of  gang-related  criminal
34    activity,  whether  in  a preparatory, executory, or cover-up
HB2529 Enrolled             -3-      LRB093 09953 RLC 10204 b
 1    phase of any activity, or who knowingly  performs,  aids,  or
 2    abets any such activity.
 3        "Streetgang related" or "gang-related" means any criminal
 4    activity,  enterprise,  pursuit,  or undertaking directed by,
 5    ordered by, authorized by, consented to, agreed to, requested
 6    by, acquiesced in, or ratified by any gang  leader,  officer,
 7    or  governing or policy-making person or authority, or by any
 8    agent, representative, or deputy of any such officer, person,
 9    or authority:
10             (1)  with the intent to increase  the  gang's  size,
11        membership,   prestige,  dominance,  or  control  in  any
12        geographical area; or
13             (2)  with the intent to provide the  gang  with  any
14        advantage  in,  or  any  control  or  dominance  over any
15        criminal market sector, including but not limited to, the
16        manufacture, delivery, or sale of  controlled  substances
17        or  cannabis;  arson or arson-for-hire; traffic in stolen
18        property or stolen credit cards; traffic in prostitution,
19        obscenity, or  pornography;  or  that  involves  robbery,
20        burglary, or theft; or
21             (3)  with the intent to exact revenge or retribution
22        for the gang or any member of the gang; or
23             (4)  with   the   intent  to  obstruct  justice,  or
24        intimidate or eliminate any witness against the  gang  or
25        any member of the gang; or
26             (5)  with   the  intent  to  otherwise  directly  or
27        indirectly  cause  any  benefit,  aggrandizement,   gain,
28        profit  or other advantage whatsoever to or for the gang,
29        its reputation, influence, or membership.
30    (Source: P.A. 87-932; 88-467.)