Full Text of HB3216 98th General Assembly
HB3216 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3216 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/37-1 | from Ch. 38, par. 37-1 | 740 ILCS 147/45 | |
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Amends the Criminal Code of 2012 and the Illinois Streetgang Terrorism Omnibus Prevention Act. Provides that a streetgang, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, that regularly engages in streetgang related activity constitutes a public nuisance. Provides that any person who regularly associates with others to engage in criminal streetgang activity may be made a defendant in an action to abate any public nuisance resulting from criminal street gang activity.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3216 | | LRB098 10002 RLC 40160 b |
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| 1 | | AN ACT concerning 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 2012 is amended by changing | 5 | | Section 37-1 as follows:
| 6 | | (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
| 7 | | Sec. 37-1. Maintaining Public Nuisance. | 8 | | (a) Any building used in the commission of offenses | 9 | | prohibited by Sections
9-1, 10-1, 10-2, 11-14, 11-15, 11-16, | 10 | | 11-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22,
| 11 | | 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, | 12 | | 28-3, 31-5 or
39A-1, or subdivision (a)(1), (a)(2)(A), or | 13 | | (a)(2)(B) of Section 11-14.3, of this Code, or
prohibited by | 14 | | the Illinois Controlled Substances Act, the Methamphetamine | 15 | | Control and Community Protection Act, or the Cannabis
Control | 16 | | Act, or used in the commission of an inchoate offense
relative | 17 | | to any of the aforesaid principal offenses, or any real | 18 | | property
erected, established, maintained, owned, leased, or | 19 | | used by a streetgang for
the purpose of conducting streetgang | 20 | | related activity as defined in Section 10
of the Illinois | 21 | | Streetgang Terrorism Omnibus Prevention Act is a public
| 22 | | nuisance.
| 23 | | (a-5) A streetgang, as defined in Section 10 of the |
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| 1 | | Illinois Streetgang Terrorism Omnibus Prevention Act, that | 2 | | regularly engages in streetgang related activity, as defined in | 3 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 4 | | Prevention Act, constitutes a public nuisance. For the purposes | 5 | | of this subsection (a-5), "regularly" means at least 5 times in | 6 | | a period of not more than 12 months. | 7 | | (b) Sentence. A person convicted of knowingly maintaining | 8 | | such a public
nuisance commits a Class A misdemeanor. Each | 9 | | subsequent offense under this
Section is a Class 4 felony.
| 10 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 11 | | Section 10. The Illinois Streetgang Terrorism Omnibus | 12 | | Prevention Act is amended by changing Section 45 as follows:
| 13 | | (740 ILCS 147/45)
| 14 | | Sec. 45. Abatement as public nuisance.
| 15 | | (a) Any real property that is erected, established, | 16 | | maintained,
owned, leased, or used by any streetgang for the | 17 | | purpose
of conducting streetgang related activity constitutes | 18 | | a public
nuisance and may be abated as provided in Article 37 | 19 | | of the Criminal Code
of 2012 relating to public nuisances.
| 20 | | (a-5) A streetgang that regularly engages in streetgang | 21 | | related activities constitutes a public nuisance. For the | 22 | | purposes of this subsection (a-5), "regularly" means at least 5 | 23 | | times in a period of not more than 12 months. Any person who | 24 | | regularly associates with others to engage in criminal |
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| 1 | | streetgang activity may be made a defendant in an action to | 2 | | abate any public nuisance resulting from criminal street gang | 3 | | activity. | 4 | | (b) An action to abate a nuisance under this Section may
be | 5 | | brought by the State's Attorney of the county where the seizure
| 6 | | occurred.
| 7 | | (c) Any person who is injured by reason of streetgang | 8 | | related activity
shall have a cause of action for 3 times the | 9 | | actual damages
sustained and, if appropriate, punitive | 10 | | damages;
however, no cause of action shall arise under this | 11 | | subsection (c)
as a result of an otherwise legitimate | 12 | | commercial transaction
between parties to a contract or | 13 | | agreement for the sale of lawful
goods or property or the sale | 14 | | of securities regulated by the Illinois
Securities Law of 1953
| 15 | | or by the federal Securities and Exchange Commission.
The | 16 | | person shall also recover reasonable attorney's fees,
costs, | 17 | | and expenses.
| 18 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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