92nd General Assembly
Summary of HB1812
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House Sponsors:
MENDOZA-ACEVEDO-BRADLEY-WINKEL, MOORE, 
   LYONS,JOSEPH, SMITH,MICHAEL, BRADY, MAUTINO, 
   MITCHELL,JERRY, WAIT, HOFFMAN, BASSI, OSMOND, REITZ, FORBY, 
   KURTZ, LEITCH, CAPPARELLI, BURKE, BUGIELSKI, RYAN, 
   ZICKUS, WIRSING, TENHOUSE, SAVIANO, 
   CURRY,JULIE, MEYER, NOVAK, PANKAU, BOST, CROSS, COULSON, 
   O'CONNOR, HOEFT, MATHIAS, HANNIG, DAVIS,STEVE, POE, 
   MOFFITT, O'BRIEN, MYERS,RICHARD, BERNS, 
   HARTKE, SCHMITZ, GRANBERG, BIGGINS, PARKE, 
   FOWLER, HOLBROOK, HULTGREN, MCGUIRE, SCULLY, RIGHTER AND MCCARTHY.

Senate Sponsors:
MUNOZ-PETKA-GEO-KARIS

Short description: 
CRIM CD-SEVERO ANTI-GANG                                                   

Synopsis of Bill as introduced:
        Amends the  Criminal  Code  of  1961  and  the  Unified  Code  of      
   Corrections.    Expands the offenses of aggravated battery, aggravated      
   battery with a firearm, and  aggravated  discharge  of  a  firearm  to      
   include  offenses  committed  by gang members upon persons who are not      
   gang members, and provides that anyone convicted of aggravated battery      
   with a firearm or aggravated discharge of a firearm and sentenced to a      
   term of imprisonment must serve the entire  sentence  imposed  by  the      
   court.  Provides that a person who is convicted of first degree murder      
   may be sentenced to death  if  he  or  she  committed  the  murder  in      
   furtherance  of  the  activities of an organized gang or by his or her      
   membership in or allegiance to an organized  gang,  and  the  murdered      
   victim  was  not  a member of an organized gang.  Makes other changes.      
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          730 ILCS 5/3-6-3                                                     
          730 ILCS 5/3-4-1                                                     
          Adds reference to:                                                   
          720 ILCS 5/12-2                 from Ch. 38, par. 12-2               
        Further amends the Criminal Code of 1961.  In a Section providing      
   that a person who is convicted of first degree murder for committing a      
   murder in furtherance of a gang activity may be  sentenced  to  death,      
   deletes  a  provision that the murdered victim must not be a member of      
   an organized gang.  Expands  the  offense  of  aggravated  assault  to      
   include  offenses  committed by gang members.  In a Section concerning      
   the offense of aggravated battery with a  firearm  in  furtherance  of      
   gang  activity,  deletes a provision that the battered person must not      
   be a member of an organized gang.  Provides that the sentence for  the      
   offense  of aggravated battery with a firearm committed in furtherance      
   of the activities of or by membership in an organized gang is  a  term      
   of imprisonment of 15 to 60 years.  Provides that a person commits the      
   offense of aggravated discharge of a firearm when he or she discharges      
   a  firearm  in  the  direction of a vehicle or building that he or she      
   knows or  reasonably  should  know  is  occupied  by  another  person.      
   Provides  that the sentence for the offense of aggravated discharge of      
   a firearm  committed  in  furtherance  of  the  activities  of  or  by      
   membership  in an organized gang is a term of imprisonment of 15 to 60      
   years.  Deletes provisions amending the Unified Code  of  Corrections.      
   Deletes the immediate effective date.                                       
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 5/24-1.2                                                    
        Further  amends  the  Criminal  Code  of  1961.   In  a   Section      
   concerning  first  degree  murder,  provides that it is an aggravating      
   factor if the defendant committed the murder  in  furtherance  of  the      
   activities  of  an  organized  gang  (instead of in furtherance of the      
   activities of an organized gang or by reason of his or her  membership      
   in  or  allegiance  to  an organized gang).  Provides a person commits      
   aggravated  assault if he or she commits  an assault in furtherance of      
   the activities of an organized gang (instead  of in furtherance of the      
   activities of an organized gang or  by reason of his or her membership      
   in or  allegiance to an  organized  gang).   Provides  that  a  person      
   commits aggravated battery if he or she commits a battery  furtherance      
   of the activities of an organized gang  (instead of in  furtherance of      
   the  activities  of  an  organized  gang  or  by  reason of his or her      
   membership  in or allegiance  to an organized gang).   Provides that a      
   person  commits  aggravated  battery  with  a  firearm  if  he  or she      
   knowingly discharges a firearm in furtherance of the  activities of an      
   organized gang  (instead  of in  furtherance  of the  activities of an      
   organized gang  or by reason of his or her membership in or allegiance      
   to an organized  gang).  Deletes  changes made to a Section concerning      
   the offense of aggravated discharge of a firearm.                           
 
Last action on Bill: TOTAL VETO STANDS

   Last action date: NOV-15-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 
                                                                               



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