Public Act 93-0337

HB2529 Enrolled                      LRB093 09953 RLC 10204 b

    AN ACT in relation to streetgangs.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Streetgang Terrorism Omnibus
Prevention Act is amended by changing Section 10 as follows:

    (740 ILCS 147/10)
    Sec. 10. Definitions.
    "Course or pattern of criminal activity" means 2 or  more
gang-related  criminal offenses committed in whole or in part
within this State when:
         (1)  at least one such offense was  committed  after
    the effective date of this Act;
         (2)  both  offenses were committed within 5 years of
    each other; and
         (3)  at least one offense involved the  solicitation
    to  commit,  conspiracy  to commit, attempt to commit, or
    commission of any offense defined as a felony or forcible
    felony under the Criminal Code of 1961.
    "Course or pattern of criminal activity" also  means  one
or more acts of criminal defacement of property under Section
21-1.3  of  the  Criminal  Code  of  1961,  if the defacement
includes a sign or other  symbol  intended  to  identify  the
streetgang.
    "Designee  of  State's  Attorney" or "designee" means any
attorney for a public  authority  who  has  received  written
permission  from  the  State's  Attorney to file or join in a
civil action authorized by this Act.
    "Public authority" means any unit of local government  or
school district created or established under the Constitution
or laws of this State.
    "State's  Attorney"  means  the  State's  Attorney of any
county where an offense constituting a part of  a  course  or
pattern of gang-related criminal activity has occurred or has
been committed.
    "Streetgang"  or  "gang" or "organized gang" or "criminal
street gang" means any combination, confederation,  alliance,
network,   conspiracy,   understanding,   or   other  similar
conjoining, in law or in fact, of 3 or more persons  with  an
established hierarchy that, through its membership or through
the  agency  of  any member engages in a course or pattern of
criminal activity.
    For purposes of this Act, it shall not  be  necessary  to
show that a particular conspiracy, combination, or conjoining
of persons possesses, acknowledges, or is known by any common
name,  insignia, flag, means of recognition, secret signal or
code,  creed,  belief,  structure,  leadership   or   command
structure,   method  of  operation  or  criminal  enterprise,
concentration  or  specialty,  membership,  age,   or   other
qualifications, initiation rites, geographical or territorial
situs  or  boundary  or  location,  or  other  unifying mark,
manner,  protocol  or  method  of  expressing  or  indicating
membership when the conspiracy's  existence,  in  law  or  in
fact,  can  be  demonstrated  by  a  preponderance  of  other
competent evidence.  However, any evidence reasonably tending
to  show  or demonstrate, in law or in fact, the existence of
or membership in  any  conspiracy,  confederation,  or  other
association  described  herein, or probative of the existence
of or membership in any such association, shall be admissible
in any action or proceeding brought under this Act.
    "Streetgang member" or "gang member" means any person who
actually and in fact belongs to a gang, and  any  person  who
knowingly  acts  in the capacity of an agent for or accessory
to, or is legally accountable for, or voluntarily  associates
himself  with  a  course  or pattern of gang-related criminal
activity, whether in a preparatory,  executory,  or  cover-up
phase  of  any  activity, or who knowingly performs, aids, or
abets any such activity.
    "Streetgang related" or "gang-related" means any criminal
activity, enterprise, pursuit, or  undertaking  directed  by,
ordered by, authorized by, consented to, agreed to, requested
by,  acquiesced  in, or ratified by any gang leader, officer,
or governing or policy-making person or authority, or by  any
agent, representative, or deputy of any such officer, person,
or authority:
         (1)  with  the  intent  to increase the gang's size,
    membership,  prestige,  dominance,  or  control  in   any
    geographical area; or
         (2)  with  the  intent  to provide the gang with any
    advantage in,  or  any  control  or  dominance  over  any
    criminal market sector, including but not limited to, the
    manufacture,  delivery,  or sale of controlled substances
    or cannabis; arson or arson-for-hire; traffic  in  stolen
    property or stolen credit cards; traffic in prostitution,
    obscenity,  or  pornography;  or  that  involves robbery,
    burglary, or theft; or
         (3)  with the intent to exact revenge or retribution
    for the gang or any member of the gang; or
         (4)  with  the  intent  to  obstruct   justice,   or
    intimidate  or  eliminate any witness against the gang or
    any member of the gang; or
         (5)  with  the  intent  to  otherwise  directly   or
    indirectly   cause  any  benefit,  aggrandizement,  gain,
    profit or other advantage whatsoever to or for the  gang,
    its reputation, influence, or membership.
(Source: P.A. 87-932; 88-467.)