94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5795


 
Introduced 07/19/06, by Rep. Ruth Munson
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-6.4










    Amends the Criminal Code of 1961.  Eliminates from the elements of the offense of  criminal  street gang recruitment on school grounds or public property adjacent to school grounds that the person must threaten the use of physical force.  Provides that criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 2 felony if the person did not threaten  the  use  of  physical  force during the commission of the offense and a Class 1 felony if the person threatened the use of physical force during the commission of the offense.
















LRB094 21059 RLC 59386 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5795

LRB094 21059 RLC 59386 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-6.4 as follows:
 
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    (720 ILCS 5/12-6.4)
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    Sec. 12-6.4. Criminal street gang recruitment on school 
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grounds or public property adjacent to school grounds.
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    (a) A  person  commits the offense of  criminal  street gang 
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recruitment on school grounds or public property adjacent to 
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school grounds when on school grounds or public property 
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adjacent to school grounds, he or she  coerces, solicits, 
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recruits, or
     induces
threatens  the  use  of  physical  force to 
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coerce, solicit, recruit, or
     induce another person to join or 
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remain a member of  a  criminal  street gang,  or  conspires  to do 
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so.
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    (b) Sentence. Criminal street gang recruitment on school 
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grounds or public property adjacent to school grounds is a 
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Class 1 felony if the person threatened  the  use  of  physical  
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force during the commission of the offense.  Criminal street 
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gang recruitment on school grounds or public property adjacent 
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to school grounds is a Class 2 felony if the person did not 
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threaten  the  use  of  physical  force during the commission of the 
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offense.
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    (c) In this Section, "criminal street gang" has the meaning 
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ascribed to it in Section 10 of the Illinois Streetgang 
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Terrorism Omnibus Prevention Act and "school grounds" means the 
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building or buildings  or real property comprising a public or 
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private elementary or secondary school, community college, 
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college, or university and includes a school yard, school 
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playing field, or school playground.

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(Source: P.A. 93-938, eff. 1-1-05.)