HB0436 95TH GENERAL ASSEMBLY

LRB095 04095 LCT 24133 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0436

Introduced 1/26/2007, by Rep. Brent Hassert

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.

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 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 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.)