Bill Text: IL HB3680 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. Changes the offense of criminal street gang recruitment on school grounds or public property adjacent to school grounds to criminal street gang recruitment on school grounds, public property adjacent to school grounds, or park district property. Eliminates from the elements of the offense that the person must threaten the use of physical force. Provides that criminal street gang recruitment on school grounds, public property adjacent to school grounds, or park district property 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3680 Detail]
Download: Illinois-2009-HB3680-Engrossed.html
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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 12-6.4 as follows:
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| 6 | (720 ILCS 5/12-6.4) | ||||||
| 7 | Sec. 12-6.4. Criminal street gang recruitment on school | ||||||
| 8 | grounds,
or public property adjacent to school grounds, or park | ||||||
| 9 | district property. | ||||||
| 10 | (a) A person commits the offense of criminal street gang | ||||||
| 11 | recruitment on school grounds,
or public property adjacent to | ||||||
| 12 | school grounds, or park district property when on school | ||||||
| 13 | grounds,
or public property adjacent to school grounds, or park | ||||||
| 14 | district property, he or she coerces, solicits, recruits, or
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| 15 | induces
threatens the use of physical force to coerce, solicit, | ||||||
| 16 | recruit, or
induce another person to join or remain a member of | ||||||
| 17 | a criminal street gang, or conspires to do so. | ||||||
| 18 | (b) Sentence. Criminal street gang recruitment on school | ||||||
| 19 | grounds,
or public property adjacent to school grounds, or on | ||||||
| 20 | park district property is a Class 1 felony if the person | ||||||
| 21 | threatened the use of physical force during the commission of | ||||||
| 22 | the offense. Criminal street gang recruitment on school | ||||||
| 23 | grounds, public property adjacent to school grounds, or on park | ||||||
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| 1 | district property is a Class 2 felony if the person did not | ||||||
| 2 | threaten the use of physical force during the commission of the | ||||||
| 3 | offense. | ||||||
| 4 | (c) In this Section, "criminal street gang" has the meaning | ||||||
| 5 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
| 6 | Terrorism Omnibus Prevention Act and "school grounds" means the | ||||||
| 7 | building or buildings or real property comprising a public or | ||||||
| 8 | private elementary or secondary school, community college, | ||||||
| 9 | college, or university and includes a school yard, school | ||||||
| 10 | playing field, or school playground.
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| 11 | (Source: P.A. 93-938, eff. 1-1-05.)
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