Illinois General Assembly - Full Text of HB0434
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Full Text of HB0434  95th General Assembly

HB0434 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0434

 

Introduced 1/26/2007, by Rep. Ruth Munson - Sandy Cole - Dennis M. Reboletti - Franco Coladipietro

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-6.4

    Amends the Criminal Code of 1961. Eliminates from the elements of the offense of criminal street gang recruitment on school grounds or public property adjacent to school grounds that the person must threaten the use of physical force. Provides that criminal street gang recruitment on school grounds or public property adjacent to school grounds 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.


LRB095 03705 RLC 23732 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0434 LRB095 03705 RLC 23732 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 12-6.4 as follows:
 
6     (720 ILCS 5/12-6.4)
7     Sec. 12-6.4. Criminal street gang recruitment on school
8 grounds or public property adjacent to school grounds.
9     (a) A person commits the offense of criminal street gang
10 recruitment on school grounds or public property adjacent to
11 school grounds when on school grounds or public property
12 adjacent to school grounds, he or she coerces, solicits,
13 recruits, or induces threatens the use of physical force to
14 coerce, solicit, recruit, or induce another person to join or
15 remain a member of a criminal street gang, or conspires to do
16 so.
17     (b) Sentence. Criminal street gang recruitment on school
18 grounds or public property adjacent to school grounds is a
19 Class 1 felony if the person threatened the use of physical
20 force during the commission of the offense. Criminal street
21 gang recruitment on school grounds or public property adjacent
22 to school grounds is a Class 2 felony if the person did not
23 threaten the use of physical force during the commission of the

 

 

HB0434 - 2 - LRB095 03705 RLC 23732 b

1 offense.
2     (c) In this Section, "criminal street gang" has the meaning
3 ascribed to it in Section 10 of the Illinois Streetgang
4 Terrorism Omnibus Prevention Act and "school grounds" means the
5 building or buildings or real property comprising a public or
6 private elementary or secondary school, community college,
7 college, or university and includes a school yard, school
8 playing field, or school playground.
9 (Source: P.A. 93-938, eff. 1-1-05.)