96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0140


 
Introduced 1/30/2009, by Sen. Martin A. Sandoval
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/Art. 48 heading new






720 ILCS 5/48-1 new






720 ILCS 5/48-5 new






720 ILCS 5/48-10 new










    Amends the Criminal Code of 1961.  Creates the Gang-related Crimes Law.  Creates the offense of active participation in a criminal street gang.  Provides that a person commits the offense who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a course or pattern of criminal gang activity, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that criminal street gang. Provides that a person  who commits active participation in a criminal street gang is guilty of conspiracy to commit the felonious conduct  of the criminal street gang.  Creates the offense of disorderly promotion of a criminal street gang.  Provides that a person commits the offense when he or she knowingly speaks a gang-related name or flashes a gang-related sign or symbol in such an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace.  Provides that a violation is a Class C misdemeanor.
















LRB096 04812 RLC 14876 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0140

LRB096 04812 RLC 14876 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 adding 
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Article 48 as follows:
 
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    (720 ILCS 5/Art. 48 heading new)
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ARTICLE 48.  GANG-RELATED CRIMES

 
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    (720 ILCS 5/48-1  new)
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    Sec. 48-1. Short title. This Article may be cited as the 
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Gang-related Crimes Law.
 
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    (720 ILCS 5/48-5  new)
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    Sec. 48-5. Active participation in a criminal street gang.
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    (a) A person commits active participation in a criminal 
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street gang who actively participates in any criminal street 
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gang with knowledge that its members engage in or have engaged 
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in a course or pattern of criminal gang activity, and who 
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willfully promotes, furthers, assists, or benefits from any 
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felonious criminal conduct by members of that criminal street 
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gang. A person  who commits active participation in a criminal 
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street gang is guilty of conspiracy to commit the felonious 
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conduct  of the criminal street gang.
 


 






SB0140
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LRB096 04812 RLC 14876 b




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    (b) Sentence. A person convicted of active participation in 
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a criminal street gang may be sentenced in accordance with 
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Section 8-2 of this Code.
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    (c) In this Section, "criminal street gang" and "course or 
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pattern of criminal activity" have the meanings ascribed to 
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them in Section 10 of the Illinois Streetgang Terrorism Omnibus 
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Prevention Act.
 
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    (720 ILCS 5/48-10  new)
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    Sec. 48-10. Disorderly promotion of a criminal street gang.
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    (a) A person commits disorderly promotion of a criminal 
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street gang when he or she knowingly speaks a gang-related name 
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or flashes a gang-related sign or symbol in such an 
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unreasonable manner so as to alarm or disturb another and to 
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provoke a breach of the peace.
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    (b) Sentence. A violation of this Section is a Class C 
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misdemeanor.
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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 "gang-related name" and 
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"gang-related sign or  symbol" mean any name, sign or other 
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symbol intended to identify a criminal street gang.