Illinois General Assembly - Full Text of HB4512
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Full Text of HB4512  100th General Assembly


Rep. Melissa Conyears-Ervin

Filed: 4/6/2018





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2    AMENDMENT NO. ______. Amend House Bill 4512 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by adding
5Section 12-6.6 as follows:
6    (720 ILCS 5/12-6.6 new)
7    Sec. 12-6.6. Streetgang member loitering.
8    (a) In this Section:
9        "Loiter" means:
10            (1) standing, sitting idly, whether or not the
11        person is in a vehicle, or remaining in or around a
12        public place including a school or public park
13        property;
14            (2) standing, sitting idly, whether or not the
15        person is in a vehicle, or remaining in or around a
16        public place including a school or public park



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1        property; or
2            (3) entering or remaining in a building in or
3        around a public place, other than the person's
4        residence.
5        "Public place" means the public way and any other
6    location open to the public, whether publicly or privately
7    owned, including, but not limited to any street, sidewalk,
8    avenue, highway, road, curb area, alley, park, playground
9    or other public ground or public building, any common area
10    of a school, hospital, apartment house, office building,
11    transport facility, shop, privately owned place of
12    business, to which the public is invited, including any
13    place of amusement, entertainment, or eating place.
14    "Public place" also includes the front yard area, driveway
15    and walkway of any private residence, business, or
16    apartment house.
17        "Streetgang" and "streetgang member" have the meanings
18    ascribed to them in Section 10 of the Illinois Streetgang
19    Terrorism Omnibus Prevention Act.
20    (b) A person commits streetgang member loitering when he or
21she is a streetgang member or is in the company of or acting in
22concert with a streetgang member and knowingly loiters in a
23public place and a peace officer informs the person that he or
24she is subject to arrest and prosecution for failure to obey
25promptly the order issued by the peace officer that streetgang
26member loitering is prohibited, or for engaging in further



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1streetgang member loitering within sight or hearing of the
2place at which the order was issued during the 12-hour period
3following the time the order was issued and with the intent to
5        (A) publicize a criminal streetgang's dominance over
6    certain territory in order to intimidate non-members of the
7    streetgang from entering, remaining in, or using the public
8    place or adjacent area; or
9        (B) with the intent to conceal ongoing commerce in
10    illegal drugs or other unlawful activity.
11    (c) Nothing in this Section shall be construed in any way
12to limit the power or right of a law enforcement officer to
13make any investigation, detention, or arrest as the law
14enforcement officer would be permitted to make in absence of
15this Section.
16    (d) Sentence. A streetgang member or a person in the
17company of or acting in concert with a streetgang member who
18violates this Section is guilty of a petty offense and shall be
19sentenced by the court to perform community service of up to
20120 hours for a first or second offense. A streetgang member or
21a person in the company of or acting in concert with a
22streetgang member who is convicted of a third or subsequent
23offense under this Section is guilty of a Class A