Full Text of HB4512 100th General Assembly
HB4512ham001 100TH GENERAL ASSEMBLY | Rep. Melissa Conyears-Ervin Filed: 4/6/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4512
| 2 | | AMENDMENT NO. ______. Amend House Bill 4512 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Section 12-6.6 as follows: | 6 | | (720 ILCS 5/12-6.6 new) | 7 | | Sec. 12-6.6. Streetgang member loitering. | 8 | | (a) In this Section: | 9 | | "Loiter" means: | 10 | | (1) standing, sitting idly, whether or not the
| 11 | | person is in a vehicle, or remaining in or around a | 12 | | public place including a school or public park | 13 | | property; | 14 | | (2) standing, sitting idly, whether or not the
| 15 | | person is in a vehicle, or remaining in or around a | 16 | | public place including a school or public park |
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| 1 | | property; or | 2 | | (3) entering or remaining in a building in or
| 3 | | around a public place, other than the person's | 4 | | residence. | 5 | | "Public place" means the public way and any other | 6 | | location open to the public, whether publicly or privately | 7 | | owned, including, but not limited to any street, sidewalk, | 8 | | avenue, highway, road, curb area, alley, park, playground | 9 | | or other public ground or public building, any common area | 10 | | of a school, hospital, apartment house, office building, | 11 | | transport facility, shop, privately owned place of | 12 | | business, to which the public is invited, including any | 13 | | place of amusement, entertainment, or eating place. | 14 | | "Public place" also includes the front yard area, driveway | 15 | | and walkway of any private residence, business, or | 16 | | apartment house. | 17 | | "Streetgang" and "streetgang member" have the meanings | 18 | | ascribed to them in Section 10 of the Illinois Streetgang | 19 | | Terrorism Omnibus Prevention Act. | 20 | | (b) A person commits streetgang member loitering when he or | 21 | | she is a streetgang member or is in the company of or acting in | 22 | | concert with a streetgang member and knowingly loiters in a | 23 | | public place and a peace officer informs the person that he or | 24 | | she is subject to arrest and prosecution for failure to obey | 25 | | promptly the order issued by the peace officer that streetgang | 26 | | member loitering is prohibited, or for engaging in further |
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| 1 | | streetgang member loitering within sight or hearing of the | 2 | | place at which the order was issued during the 12-hour period | 3 | | following the time the order was issued and with the intent to | 4 | | either: | 5 | | (A) publicize a criminal streetgang's dominance over | 6 | | certain territory in order to intimidate non-members of the | 7 | | streetgang from entering, remaining in, or using the public | 8 | | place or adjacent area;
or | 9 | | (B)
with the intent to conceal ongoing commerce in | 10 | | illegal drugs or other unlawful activity. | 11 | | (c) Nothing in this Section shall be construed in any way | 12 | | to limit the power or right of a law enforcement officer to | 13 | | make any investigation, detention, or arrest as the law | 14 | | enforcement officer would be permitted to make in absence of | 15 | | this Section. | 16 | | (d) Sentence. A streetgang member or a person in the | 17 | | company of or acting in concert with a streetgang member who | 18 | | violates this Section is guilty of a petty offense and shall be | 19 | | sentenced by the court to perform community service of up to | 20 | | 120 hours for a first or second offense. A streetgang member or | 21 | | a person in the company of or acting in concert with a | 22 | | streetgang member who is convicted of a third or subsequent | 23 | | offense under this Section is guilty of a Class A | 24 | | misdemeanor. ".
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