Full Text of HB2552 100th General Assembly
HB2552ham001 100TH GENERAL ASSEMBLY | Rep. Chad Hays Filed: 2/27/2017
| | 10000HB2552ham001 | | LRB100 10731 HEP 22321 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2552
| 2 | | AMENDMENT NO. ______. Amend House Bill 2552 by replacing | 3 | | everything after the enacting clause with the following:
| 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 the | 12 | | effective date of
this Act;
| 13 | | (2) both offenses were committed within 5 years of each | 14 | | other; and
| 15 | | (3) at least one offense involved the solicitation to | 16 | | commit,
conspiracy to commit, attempt to commit, or |
| | | 10000HB2552ham001 | - 2 - | LRB100 10731 HEP 22321 a |
|
| 1 | | commission of any offense
defined as a felony or forcible | 2 | | felony under the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012.
| 4 | | "Course or pattern of criminal activity" also means one or | 5 | | more acts of
criminal defacement of property under Section | 6 | | 21-1.3 of the Criminal Code of
1961 or the Criminal Code of | 7 | | 2012, if the defacement includes a sign or other symbol | 8 | | intended to identify
the streetgang.
| 9 | | "Designee of State's Attorney" or "designee" means any | 10 | | attorney for
a public authority who has received written | 11 | | permission from the State's
Attorney to file or join in a civil | 12 | | action authorized by this Act.
| 13 | | "Public authority" means any unit of local government or | 14 | | school
district created or established under the Constitution | 15 | | or laws of this State.
| 16 | | "State's Attorney" means the State's Attorney of any county | 17 | | where an
offense constituting a part of a course or pattern of | 18 | | gang-related criminal
activity has occurred or has been | 19 | | committed.
| 20 | | "Streetgang" or "gang" or "organized gang" or "criminal | 21 | | street gang"
means any combination, confederation,
alliance, | 22 | | network, conspiracy, understanding, or other similar | 23 | | conjoining,
in law or in fact, of 3 or more persons with an | 24 | | established hierarchy that, through its
membership
or through | 25 | | the agency of any member engages in a course or pattern of | 26 | | criminal
activity.
|
| | | 10000HB2552ham001 | - 3 - | LRB100 10731 HEP 22321 a |
|
| 1 | | For purposes of this Act, it shall not be necessary to show | 2 | | that a
particular conspiracy, combination, or conjoining of | 3 | | persons possesses,
acknowledges, or is known by any common | 4 | | name, insignia, flag, means of
recognition, secret signal or | 5 | | code, creed, belief, structure, leadership or
command | 6 | | structure, method of operation or criminal enterprise,
| 7 | | concentration or specialty, membership, age, or other | 8 | | qualifications,
initiation rites, geographical or territorial | 9 | | situs or boundary or
location, or other unifying mark, manner, | 10 | | protocol or method of expressing
or indicating membership when | 11 | | the conspiracy's existence, in law or in
fact, can be | 12 | | demonstrated by a preponderance of other competent evidence.
| 13 | | However, any evidence reasonably tending to show or | 14 | | demonstrate, in law or
in fact, the existence of or membership | 15 | | in any conspiracy, confederation,
or other association | 16 | | described herein, or probative of the existence of or
| 17 | | membership in any such association, shall be admissible in any | 18 | | action or
proceeding brought under this Act.
| 19 | | "Streetgang member" or "gang member" means any person who | 20 | | actually
and in fact belongs to a gang, and any person who | 21 | | knowingly acts in the
capacity of an agent for or accessory to, | 22 | | or is legally accountable for, or
voluntarily associates | 23 | | himself with a course or pattern of gang-related
criminal | 24 | | activity, whether in a preparatory, executory, or cover-up | 25 | | phase
of any activity, or who knowingly performs, aids, or | 26 | | abets any such activity.
|
| | | 10000HB2552ham001 | - 4 - | LRB100 10731 HEP 22321 a |
|
| 1 | | "Streetgang related" or "gang-related" means any criminal | 2 | | activity,
enterprise, pursuit, or undertaking directed by, | 3 | | ordered by, authorized by,
consented to, agreed to, requested | 4 | | by, acquiesced in, or ratified by any
gang leader, officer, or | 5 | | governing or policy-making person or authority, or
by any | 6 | | agent, representative, or deputy of any such officer, person, | 7 | | or
authority:
| 8 | | (1) with the intent to increase the gang's size, | 9 | | membership,
prestige, dominance, or control in any | 10 | | geographical area; or
| 11 | | (2) with the intent to provide the gang with any | 12 | | advantage in, or
any control or dominance over any criminal | 13 | | market sector, including but not
limited to, the | 14 | | manufacture, delivery, or sale of controlled substances or
| 15 | | cannabis; arson or arson-for-hire; traffic in stolen | 16 | | property or stolen
credit cards; traffic in prostitution, | 17 | | obscenity, or pornography; or that
involves robbery, | 18 | | burglary, or theft; or
| 19 | | (3) with the intent to exact revenge or retribution for | 20 | | the gang
or any member of the gang; or
| 21 | | (4) with the intent to obstruct justice, or intimidate | 22 | | or
eliminate any witness against the gang or any member of | 23 | | the gang; or
| 24 | | (5) with the intent to otherwise directly or indirectly | 25 | | cause any
benefit, aggrandizement, gain, profit or other | 26 | | advantage whatsoever to or
for the gang, its reputation, |
| | | 10000HB2552ham001 | - 5 - | LRB100 10731 HEP 22321 a |
|
| 1 | | influence, or membership.
| 2 | | (Source: P.A. 97-1150, eff. 1-25-13.)".
|
|