101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0036
 
Introduced , by Rep. Rita Mayfield
 
SYNOPSIS AS INTRODUCED:






720 ILCS 5/25-1 from Ch. 38, par. 25-1

 Amends the Criminal Code of 2012 concerning mob action. Provides that a student of a public, private, or parochial elementary or secondary school shall be exempt from prosecution for mob action if the event occurred on the grounds of that public, private, or parochial elementary or secondary school during regular school hours.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 25-1 as follows:




6 (720 ILCS 5/25-1) (from Ch. 38, par. 25-1)



7 Sec. 25-1. Mob action. 

8 (a) A person commits mob action when he or she engages in 
9any of the following:


10  (1) the knowing or reckless use of force or violence 
11 disturbing the public peace by 2 or
more persons acting 
12 together and without authority of law;


13  (2) the knowing assembly of 2 or more persons with the 
14 intent to commit or facilitate the commission of a felony 
15 or misdemeanor; or


16  (3) the knowing assembly of 2 or more persons, without 
17 authority of law, for
the purpose of doing violence to the 
18 person or property of anyone supposed
to have been guilty 
19 of a violation of the law, or for the purpose of
exercising 
20 correctional powers or regulative powers over any person by

21 violence.

22 (a-5) A student of a public, private, or parochial 
23elementary or secondary school shall be exempt from prosecution 
 
 
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1under this Section if the event occurred on the grounds of that 
2public, private, or parochial elementary or secondary school 
3during regular school hours. 
4 (b) Sentence.
5  (1) Mob action in violation of paragraph (1) of 
6 subsection (a) is a Class 4
felony.

7  (2) Mob action in violation of paragraphs (2) and (3) 
8 of
subsection (a) is a Class C misdemeanor.

9  (3) A participant in a mob action that by violence 
10 inflicts
injury to the person or property of another 
11 commits a Class 4 felony.

12  (4) A participant in a mob action who does not withdraw 
13 when
commanded to do so by a peace officer commits a Class 
14 A misdemeanor.

15  (5) In addition to any other sentence that may be 
16 imposed, a court shall
order any person convicted of mob 
17 action to perform community service for not
less than 30 
18 and not more than 120 hours, if community service is 
19 available in
the jurisdiction and is funded and approved by 
20 the county board of the county
where the offense was 
21 committed. In addition, whenever any person is placed on

22 supervision for an alleged offense under this Section, the 
23 supervision shall be
conditioned upon the performance of 
24 the community service. This paragraph does not apply when 
25 the court imposes a sentence of
incarceration.

26(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)