HB0965 95TH GENERAL ASSEMBLY

LRB095 06765 RLC 26881 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0965

Introduced 2/8/2007, by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33D-1

from Ch. 38, par. 33D-1

Amends the Criminal Code of 1961. Provides that any person of the age of 21 years and upwards who with the intent to promote or facilitate the commission of a gang-related offense, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act that is either a felony or misdemeanor, solicits, compels, or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile and is legally accountable for the gang-related offense committed by the person under the age of 17 years as a result of such solicitation, compulsion, or direction. Provides that the penalty for contributing to the criminal delinquency of a juvenile under this provision is the same as the penalty for the offense committed by the person under 17 years of age as a result of the solicitation, compulsion, or direction by the person of the age of 21 years and upwards.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 33D-1 as follows:

(720 ILCS 5/33D-1) (from Ch. 38, par. 33D-1)

Sec. 33D-1. (a) Contributing to the criminal delinquency of a juvenile. Any person of the age of 21 years and upwards, who with the intent to promote or facilitate the commission of an offense that is either a felony or misdemeanor, solicits, compels, or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile.

(a-5) Any person of the age of 21 years and upwards who with the intent to promote or facilitate the commission of a gang-related offense, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act that is either a felony or misdemeanor, solicits, compels, or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile and is legally accountable for the gang-related offense committed by the person under the age of 17 years as a result of such solicitation, compulsion, or direction.

(b) Sentence.

(1) Except as otherwise provided in paragraph (2) of this subsection (b), contributing Contributing to the criminal delinquency of a juvenile is a felony one grade higher than the offense committed, if the offense committed is a felony, except when the offense committed is first degree murder or a Class X felony. Except as otherwise provided in paragraph (2) of this subsection (b), when When the offense committed is first degree murder or a Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for first degree murder or a Class X felony, respectively. Except as otherwise provided in paragraph (2) of this subsection (b), contributing Contributing to the criminal delinquency of a juvenile is a misdemeanor one grade higher than the offense committed, if the offense committed is a misdemeanor, except when the offense committed is a Class A misdemeanor. Except as otherwise provided in paragraph (2) of this subsection (b), if If the offense committed is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of a juvenile is a Class 4 felony.

(2) The penalty for contributing to the criminal delinquency of a juvenile under subsection (a-5) is the same as the penalty for the offense committed by the person under 17 years of age as a result of the solicitation, compulsion, or direction by the person of the age of 21 years and upwards.

(Source: P.A. 91-337, eff. 1-1-00.)