Illinois General Assembly - Full Text of HB5406
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Full Text of HB5406  101st General Assembly

HB5406 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5406

 

Introduced , by Rep. Dan Ugaste - Grant Wehrli - Terri Bryant - Amy Grant

 

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".


LRB101 15886 RLC 65243 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5406LRB101 15886 RLC 65243 b

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 12-6.4 as follows:
 
6    (720 ILCS 5/12-6.4)
7    Sec. 12-6.4. Criminal street gang recruitment on school
8grounds or public property adjacent to school grounds and
9criminal street gang recruitment of a minor.
10    (a) A person commits criminal street gang recruitment on
11school grounds or public property adjacent to school grounds
12when on school grounds or public property adjacent to school
13grounds, he or she knowingly threatens the use of physical
14force to coerce, solicit, recruit, or induce another person to
15join or remain a member of a criminal street gang, or conspires
16to do so.
17    (a-5) A person commits the offense of criminal street gang
18recruitment of a minor when he or she threatens the use of
19physical force to coerce, solicit, recruit, or induce another
20person to join or remain a member of a criminal street gang, or
21conspires to do so, whether or not such threat is communicated
22in person, by means of the Internet, or by means of a
23telecommunications device.

 

 

HB5406- 2 -LRB101 15886 RLC 65243 b

1    (a-6) A person commits criminal street gang recruitment
2when he or she recruits, solicits, or induces another person to
3join or remain a member of a criminal street gang.
4    (b) Sentence. Criminal street gang recruitment on school
5grounds or public property adjacent to school grounds under
6subsection (a) is a Class 1 felony and criminal street gang
7recruitment of a minor under subsection (a-5) is a Class 1
8felony. Criminal street gang recruitment under subsection
9(a-6) is a Class 4 felony, except if the person recruited,
10solicited, or induced in subsection (a-6) is a minor, the
11offense is a Class 3 felony.
12    (c) In this Section:
13        "School grounds" means the building or buildings or
14    real property comprising a public or private elementary or
15    secondary school, community college, college, or
16    university and includes a school yard, school playing
17    field, or school playground.
18        "Minor" means any person under 18 years of age.
19        "Internet" means an interactive computer service or
20    system or an information service, system, or access
21    software provider that provides or enables computer access
22    by multiple users to a computer server, and includes, but
23    is not limited to, an information service, system, or
24    access software provider that provides access to a network
25    system commonly known as the Internet, or any comparable
26    system or service and also includes, but is not limited to,

 

 

HB5406- 3 -LRB101 15886 RLC 65243 b

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