Full Text of HB2898 98th General Assembly
HB2898sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/6/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2898
| 2 | | AMENDMENT NO. ______. Amend House Bill 2898 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 12-6.4 as follows: | 6 | | (720 ILCS 5/12-6.4) | 7 | | Sec. 12-6.4. Criminal street gang recruitment ; aggravating | 8 | | factors on school grounds or public property adjacent to school | 9 | | grounds and criminal street gang recruitment of a minor . | 10 | | (a) A person commits criminal street gang recruitment when | 11 | | he or she recruits, solicits, or induces another person to join | 12 | | or remain a member of a criminal street gang. on school grounds | 13 | | or public property adjacent to school grounds when on school | 14 | | grounds or public property adjacent to school grounds, he or | 15 | | she knowingly threatens the use of physical force to coerce, | 16 | | solicit, recruit, or
induce another person to join or remain a |
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| 1 | | member of a criminal street gang, or conspires to do so. | 2 | | (a-5) (Blank). A person commits the offense of criminal | 3 | | street gang recruitment of a minor when he or she threatens the | 4 | | use of physical force to coerce, solicit, recruit, or induce | 5 | | another person to join or remain a member of a criminal street | 6 | | gang, or conspires to do so, whether or not such threat is | 7 | | communicated in person, by means of the Internet, or by means | 8 | | of a telecommunications device. | 9 | | (b) Sentence. | 10 | | (1) Except as provided in paragraphs (2), (3), and (4) | 11 | | of this subsection (b), criminal Criminal street gang | 12 | | recruitment is a Class 4 felony. | 13 | | (2) Criminal street gang recruitment is a Class 3 | 14 | | felony if the person recruited, solicited, or induced is a | 15 | | minor. | 16 | | (3) Criminal street gang recruitment is a Class 1 | 17 | | felony if the person is on school grounds, public property | 18 | | adjacent to school grounds, or in a public park and he or | 19 | | she knowingly threatens the use of physical force to | 20 | | coerce, solicit, recruit, or induce another person to join | 21 | | or remain a member of a criminal street gang, or conspires | 22 | | to do so. | 23 | | (4) Criminal street gang recruitment is a Class 1 | 24 | | felony if the person threatens the use of physical force to | 25 | | coerce, solicit, recruit, or induce a minor to join or | 26 | | remain a member of a criminal street gang, or conspires to |
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| 1 | | do so, whether or not the threat is communicated in person, | 2 | | by means of the Internet, or by means of a | 3 | | telecommunications device. on school grounds or public | 4 | | property adjacent to school grounds is a Class 1 felony and | 5 | | criminal street gang recruitment of a minor is a Class 1 | 6 | | felony. | 7 | | (c) In this Section: | 8 | | "Criminal street gang" has the meaning ascribed to the | 9 | | term in Section 10 of the Illinois Streetgang Terrorism | 10 | | Omnibus Prevention Act. | 11 | | "Public park" includes a park, forest preserve, or | 12 | | conservation area under the jurisdiction of the State or a | 13 | | unit of local government. | 14 | | "School bus" has the meaning ascribed to the term in | 15 | | Section 1-182 of the Illinois Vehicle Code. | 16 | | "School grounds" means the property, including | 17 | | buildings and grounds, of a public or private elementary, | 18 | | secondary, or post-secondary school, or a public or private | 19 | | 2-year or 4-year institution of higher education; public | 20 | | property or property open to public use within 1,000 feet | 21 | | of school property; a school bus; a designated school bus | 22 | | stop; and public property or property open to public use | 23 | | which is within 1,000 feet of the school bus stop, during | 24 | | the time when school children are waiting to be picked up | 25 | | and transported to or are being dropped off from school or | 26 | | a school-sponsored activity. the building or buildings or |
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| 1 | | real property comprising a public or private elementary or | 2 | | secondary school, community college, college, or | 3 | | university and includes a school yard, school playing | 4 | | field, or school playground.
| 5 | | "Minor" means any person under 18 years of age. | 6 | | "Internet" means an interactive computer service or | 7 | | system or an information service, system, or access | 8 | | software provider that provides or enables computer access | 9 | | by multiple users to a computer server, and includes, but | 10 | | is not limited to, an information service, system, or | 11 | | access software provider that provides access to a network | 12 | | system commonly known as the Internet, or any comparable | 13 | | system or service and also includes, but is not limited to, | 14 | | a World Wide Web page, newsgroup, message board, mailing | 15 | | list, or chat area on any interactive computer service or | 16 | | system or other online service. | 17 | | "Telecommunications device" means a device that is | 18 | | capable of receiving or transmitting speech, data, | 19 | | signals, text, images, sounds, codes, or other information | 20 | | including, but not limited to, paging devices, telephones, | 21 | | and cellular and mobile telephones. | 22 | | (Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11 .)".
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