Illinois General Assembly - Full Text of HB2552
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Full Text of HB2552  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Chad Hays


740 ILCS 147/10

    Amends the Illinois Streetgang Terrorism Omnibus Prevention Act. Deletes the definition of "streetgang" or "gang" or "organized gang". Provides instead that "streetgang" or "gang" or "organized gang" or "criminal street gang" means an ongoing group, club, organization, or association of 3 or more persons that has as one of its primary purposes the commission of criminal offenses and the members of which engage, or have engaged within the past 5 years, in a course or pattern of criminal activity.

LRB100 10731 HEP 21438 b





HB2552LRB100 10731 HEP 21438 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Streetgang Terrorism Omnibus
5Prevention Act is amended by changing Section 10 as follows:
6    (740 ILCS 147/10)
7    Sec. 10. Definitions.
8    "Course or pattern of criminal activity" means 2 or more
9gang-related criminal offenses committed in whole or in part
10within this State when:
11        (1) at least one such offense was committed after the
12    effective date of this Act;
13        (2) both offenses were committed within 5 years of each
14    other; and
15        (3) at least one offense involved the solicitation to
16    commit, conspiracy to commit, attempt to commit, or
17    commission of any offense defined as a felony or forcible
18    felony under the Criminal Code of 1961 or the Criminal Code
19    of 2012.
20    "Course or pattern of criminal activity" also means one or
21more acts of criminal defacement of property under Section
2221-1.3 of the Criminal Code of 1961 or the Criminal Code of
232012, if the defacement includes a sign or other symbol



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1intended to identify the streetgang.
2    "Designee of State's Attorney" or "designee" means any
3attorney for a public authority who has received written
4permission from the State's Attorney to file or join in a civil
5action authorized by this Act.
6    "Public authority" means any unit of local government or
7school district created or established under the Constitution
8or laws of this State.
9    "State's Attorney" means the State's Attorney of any county
10where an offense constituting a part of a course or pattern of
11gang-related criminal activity has occurred or has been
13    "Streetgang" or "gang" or "organized gang" or "criminal
14street gang" means an ongoing group, club, organization, or
15association of 3 or more persons that has as one of its primary
16purposes the commission of criminal offenses and the members of
17which engage, or have engaged within the past 5 years, in a
18course or pattern of criminal activity any combination,
19confederation, alliance, network, conspiracy, understanding,
20or other similar conjoining, in law or in fact, of 3 or more
21persons with an established hierarchy that, through its
22membership or through the agency of any member engages in a
23course or pattern of criminal activity.
24    For purposes of this Act, it shall not be necessary to show
25that a particular conspiracy, combination, or conjoining of
26persons possesses, acknowledges, or is known by any common



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1name, insignia, flag, means of recognition, secret signal or
2code, creed, belief, structure, leadership or command
3structure, method of operation or criminal enterprise,
4concentration or specialty, membership, age, or other
5qualifications, initiation rites, geographical or territorial
6situs or boundary or location, or other unifying mark, manner,
7protocol or method of expressing or indicating membership when
8the conspiracy's existence, in law or in fact, can be
9demonstrated by a preponderance of other competent evidence.
10However, any evidence reasonably tending to show or
11demonstrate, in law or in fact, the existence of or membership
12in any conspiracy, confederation, or other association
13described herein, or probative of the existence of or
14membership in any such association, shall be admissible in any
15action or proceeding brought under this Act.
16    "Streetgang member" or "gang member" means any person who
17actually and in fact belongs to a gang, and any person who
18knowingly acts in the capacity of an agent for or accessory to,
19or is legally accountable for, or voluntarily associates
20himself with a course or pattern of gang-related criminal
21activity, whether in a preparatory, executory, or cover-up
22phase of any activity, or who knowingly performs, aids, or
23abets any such activity.
24    "Streetgang related" or "gang-related" means any criminal
25activity, enterprise, pursuit, or undertaking directed by,
26ordered by, authorized by, consented to, agreed to, requested



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1by, acquiesced in, or ratified by any gang leader, officer, or
2governing or policy-making person or authority, or by any
3agent, representative, or deputy of any such officer, person,
4or authority:
5        (1) with the intent to increase the gang's size,
6    membership, prestige, dominance, or control in any
7    geographical area; or
8        (2) with the intent to provide the gang with any
9    advantage in, or any control or dominance over any criminal
10    market sector, including but not limited to, the
11    manufacture, delivery, or sale of controlled substances or
12    cannabis; arson or arson-for-hire; traffic in stolen
13    property or stolen credit cards; traffic in prostitution,
14    obscenity, or pornography; or that involves robbery,
15    burglary, or theft; or
16        (3) with the intent to exact revenge or retribution for
17    the gang or any member of the gang; or
18        (4) with the intent to obstruct justice, or intimidate
19    or eliminate any witness against the gang or any member of
20    the gang; or
21        (5) with the intent to otherwise directly or indirectly
22    cause any benefit, aggrandizement, gain, profit or other
23    advantage whatsoever to or for the gang, its reputation,
24    influence, or membership.
25(Source: P.A. 97-1150, eff. 1-25-13.)