HB2898sam001 98TH GENERAL ASSEMBLY

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 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 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 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.)".