Bill Text: IL SB0141 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. Creates the offense of criminal street gang recruitment of a minor. Provides that a person commits the offense 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. Provides that the penalty is a Class 1 felony.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0199 [SB0141 Detail]

Download: Illinois-2009-SB0141-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 12-6.4 as follows:
(720 ILCS 5/12-6.4)
Sec. 12-6.4. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds and
criminal street gang recruitment of a minor.
(a) A person commits the offense of criminal street gang
recruitment on school grounds or public property adjacent to
school grounds when on school grounds or public property
adjacent to school grounds, 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.
(a-5) 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.

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(b) Sentence. Criminal street gang recruitment 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 , "criminal street gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act. and
"School "school grounds" means the building or
buildings or 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

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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. 93-938, eff. 1-1-05.)