Bill Text: IL HB3171 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits criminal street gang recruitment when he or she recruits, solicits, or induces another person to join or remain a member of a criminal street gang. Provides that the penalty is a Class 4 felony. Provides that if the person recruited, solicited, or induced is a minor, the offense is a Class 3 felony. Defines "criminal street gang". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3171 Detail]

Download: Illinois-2019-HB3171-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3171 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-6.4
Amends the Criminal Code of 2012. Provides that a person commits criminal street gang recruitment when he or she recruits, solicits, or induces another person to join or remain a member of a criminal street gang. Provides that the penalty is a Class 4 felony. Provides that if the person recruited, solicited, or induced is a minor, the offense is a Class 3 felony. Defines "criminal street gang". Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 12-6.4 as follows:
(720 ILCS 5/12-6.4)
Sec. 12-6.4. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds and
criminal street gang recruitment of a minor.
(a) A person commits criminal street gang recruitment on
school grounds or public property adjacent to school grounds
when on school grounds or public property adjacent to school
grounds, he or she knowingly threatens the use of physical
force to coerce, solicit, recruit, or induce another person to
join or remain a member of a criminal street gang, or conspires
to do so.
(a-5) A person commits the offense of criminal street gang
recruitment of a minor when he or she threatens the use of
physical force to coerce, solicit, recruit, or induce another
person to join or remain a member of a criminal street gang, or
conspires to do so, whether or not such threat is communicated
in person, by means of the Internet, or by means of a
telecommunications device.

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(a-6) A person commits criminal street gang recruitment
when he or she recruits, solicits, or induces another person to
join or remain a member of a criminal street gang.
(b) Sentence. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds under
subsection (a) is a Class 1 felony and criminal street gang
recruitment of a minor under subsection (a-5) is a Class 1
felony. Criminal street gang recruitment under subsection
(a-6) is a Class 4 felony, except if the person recruited,
solicited, or induced in subsection (a-6) is a minor, the
offense is a Class 3 felony.
(c) In this Section:
"School grounds" means the building or buildings or
real property comprising a public or private elementary or
secondary school, community college, college, or
university and includes a school yard, school playing
field, or school playground.
"Minor" means any person under 18 years of age.
"Internet" means an interactive computer service or
system or an information service, system, or access
software provider that provides or enables computer access
by multiple users to a computer server, and includes, but
is not limited to, an information service, system, or
access software provider that provides access to a network
system commonly known as the Internet, or any comparable
system or service and also includes, but is not limited to,

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a World Wide Web page, newsgroup, message board, mailing
list, or chat area on any interactive computer service or
system or other online service.
"Criminal street gang" has the meaning ascribed to the
term in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
"Telecommunications device" means a device that is
capable of receiving or transmitting speech, data,
signals, text, images, sounds, codes, or other information
including, but not limited to, paging devices, telephones,
and cellular and mobile telephones.
(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.)