Bill Text: IL HB3680 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3680 Introduced 2/24/2009, by Rep. Emily McAsey SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-6.4
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.
LRB096 09939 RLC 20103 b
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 1961 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, or park
district property.
(a) A person commits the offense of criminal street gang
recruitment on school grounds, or public property adjacent to
school grounds, or park district property when on school
grounds, or public property adjacent to school grounds, or park
district property, he or she coerces, solicits, recruits, or
induces 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.
(b) Sentence. Criminal street gang recruitment on school
grounds, or public property adjacent to school grounds, or on
park district property is a Class 1 felony if the person
threatened the use of physical force during the commission of
the offense. Criminal street gang recruitment on school
grounds, public property adjacent to school grounds, or on park

HB3680 - 2 - LRB096 09939 RLC 20103 b
district property is a Class 2 felony if the person did not
threaten the use of physical force during the commission of the
offense.
(c) In this Section, "criminal street gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act and "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.
(Source: P.A. 93-938, eff. 1-1-05.)