Bill Text: IL HB2898 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Code of 2012. In the statute creating the offense of criminal street gang recruitment on school grounds, defines "school grounds" to mean the property, including buildings and grounds, of a public or private elementary, secondary, or post-secondary school, or a public or private 2-year or 4-year institution of higher education; public property or property open to public use within 1,000 feet of school property; a school bus; a designated school bus stop; and public property or property open to public use which is within 1,000 feet of the school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity. Expands the offense to include the commission of the crime in a public park. Defines "public park".

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2898 Detail]

Download: Illinois-2013-HB2898-Amended.html

---

Sen. Don Harmon

Filed: 5/6/2013

09800HB2898sam001 LRB098 09052 RLC 45331 a
AMENDMENT TO HOUSE BILL 2898
AMENDMENT NO. ______. Amend House Bill 2898 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 12-6.4 as follows:
(720 ILCS 5/12-6.4)
Sec. 12-6.4. Criminal street gang recruitment; aggravating
factors on school grounds or public property adjacent to school
grounds and criminal street gang recruitment of a minor.
(a) A person commits criminal street gang recruitment when
he or she recruits, solicits, or induces another person to join
or remain a member of a criminal street gang. on school grounds
or public property adjacent to school grounds when on school
grounds or public property adjacent to school grounds, he or
she knowingly threatens the use of physical force to coerce,
solicit, recruit, or induce another person to join or remain a

09800HB2898sam001 - 2 - LRB098 09052 RLC 45331 a
member of a criminal street gang, or conspires to do so.
(a-5) (Blank). A person commits the offense of criminal
street gang recruitment of a minor when he or she threatens the
use of physical force to coerce, solicit, recruit, or induce
another person to join or remain a member of a criminal street
gang, or conspires to do so, whether or not such threat is
communicated in person, by means of the Internet, or by means
of a telecommunications device.
(b) Sentence.
(1) Except as provided in paragraphs (2), (3), and (4)
of this subsection (b), criminal Criminal street gang
recruitment is a Class 4 felony.
(2) Criminal street gang recruitment is a Class 3
felony if the person recruited, solicited, or induced is a
minor.
(3) Criminal street gang recruitment is a Class 1
felony if the person is on school grounds, public property
adjacent to school grounds, or in a public park and he or
she knowingly threatens the use of physical force to
coerce, solicit, recruit, or induce another person to join
or remain a member of a criminal street gang, or conspires
to do so.
(4) Criminal street gang recruitment is a Class 1
felony if the person threatens the use of physical force to
coerce, solicit, recruit, or induce a minor to join or
remain a member of a criminal street gang, or conspires to

09800HB2898sam001 - 3 - LRB098 09052 RLC 45331 a
do so, whether or not the threat is communicated in person,
by means of the Internet, or by means of a
telecommunications device. on school grounds or public
property adjacent to school grounds is a Class 1 felony and
criminal street gang recruitment of a minor is a Class 1
felony.
(c) In this Section:
"Criminal street gang" has the meaning ascribed to the
term in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
"Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.
"School bus" has the meaning ascribed to the term in
Section 1-182 of the Illinois Vehicle Code.
"School grounds" means the property, including
buildings and grounds, of a public or private elementary,
secondary, or post-secondary school, or a public or private
2-year or 4-year institution of higher education; public
property or property open to public use within 1,000 feet
of school property; a school bus; a designated school bus
stop; and public property or property open to public use
which is within 1,000 feet of the school bus stop, during
the time when school children are waiting to be picked up
and transported to or are being dropped off from school or
a school-sponsored activity. the building or buildings or

09800HB2898sam001 - 4 - LRB098 09052 RLC 45331 a
real property comprising a public or private elementary or
secondary school, community college, college, or
university and includes a school yard, school playing
field, or school playground.
"Minor" means any person under 18 years of age.
"Internet" means an interactive computer service or
system or an information service, system, or access
software provider that provides or enables computer access
by multiple users to a computer server, and includes, but
is not limited to, an information service, system, or
access software provider that provides access to a network
system commonly known as the Internet, or any comparable
system or service and also includes, but is not limited to,
a World Wide Web page, newsgroup, message board, mailing
list, or chat area on any interactive computer service or
system or other online service.
"Telecommunications device" means a device that is
capable of receiving or transmitting speech, data,
signals, text, images, sounds, codes, or other information
including, but not limited to, paging devices, telephones,
and cellular and mobile telephones.
(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.)".