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91_HB2027
LRB9104879RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-6.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-6.1 as follows:
7 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
8 Sec. 12-6.1. Compelling organization membership of
9 persons.
10 (a) A person who expressly or impliedly threatens to do
11 bodily harm or does bodily harm to an individual or to that
12 individual's family or uses any other criminally unlawful
13 means to solicit or cause any person to join, or deter any
14 person from leaving, any organization or association
15 regardless of the nature of such organization or association,
16 is guilty of a Class 2 felony.
17 (b) Any person of the age of 18 years or older who
18 expressly or impliedly threatens to do bodily harm or does
19 bodily harm to a person under 18 years of age or uses any
20 other criminally unlawful means to solicit or cause any
21 person under 18 years of age to join, or deter any person
22 under 18 years of age from leaving, any organization or
23 association regardless of the nature of such organization or
24 association is guilty of a Class 1 felony. If the
25 organization or association for which the person under 18
26 years of age is solicited to join or deterred from leaving is
27 a gang, the penalty is a Class X felony.
28 (c) A person who violates subsection (b) by recruiting a
29 person under 18 years of age to join a gang or deters a
30 person under 18 years of age from leaving a gang, and the
31 person under 18 years of age commits an offense in
-2- LRB9104879RCks
1 furtherance of the activities of the gang is guilty of a
2 Class X felony for which the offender must be sentenced to a
3 term of imprisonment of not less than 30 years and not more
4 than 60 years. A person convicted of a violation of this
5 subsection (c) must pay the costs of prosecution of a person
6 under 18 years of age who commits an offense after being
7 recruited for the gang and the costs of counseling or
8 treatment of the person under 18 years of age as ordered by
9 the court.
10 (d) A person convicted of an offense under this Section
11 shall not be eligible to receive a sentence of probation,
12 conditional discharge, or periodic imprisonment.
13 (e) In this Section, "gang" has the meaning ascribed to
14 it in Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
17 eff. 1-1-96; 89-626, eff. 8-9-96.)