100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4512

 

Introduced , by Rep. Melissa Conyears-Ervin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-6.6 new

    Amends the Criminal Code of 2012. Creates the offense of streetgang member loitering. Provides that a person commits the offense when he or she is a streetgang member or is in the company of or acting in concert with a streetgang member and knowingly loiters in a public place under any of the following circumstances: (1) with intent to publicize a criminal streetgang's dominance over certain territory in order to intimidate non-members of the streetgang from entering, remaining in, or using the public place or adjacent area; or (2) with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. Provides that nothing in this provision shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention, or arrest as the law enforcement officer would be permitted to make in absence of this provision. Provides that a streetgang member or a person in the company of or acting in concert with a streetgang member who violates this provision is guilty of a Class A misdemeanor.


LRB100 16839 RLC 31980 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4512LRB100 16839 RLC 31980 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 12-6.6 as follows:
 
6    (720 ILCS 5/12-6.6 new)
7    Sec. 12-6.6. Streetgang member loitering.
8    (a) In this Section:
9        "Loiter" means:
10            (1) standing, sitting idly, whether or not the
11        person is in a vehicle, or remaining in or around a
12        public place including a school or public park
13        property;
14            (2) standing, sitting idly, whether or not the
15        person is in a vehicle, or remaining in or around a
16        public place including a school or public park
17        property; or
18            (3) entering or remaining in a building in or
19        around a public place, other than the person's
20        residence.
21        "Public place" means the public way and any other
22    location open to the public, whether publicly or privately
23    owned, including, but not limited to any street, sidewalk,

 

 

HB4512- 2 -LRB100 16839 RLC 31980 b

1    avenue, highway, road, curb area, alley, park, playground
2    or other public ground or public building, any common area
3    of a school, hospital, apartment house, office building,
4    transport facility, shop, privately owned place of
5    business, to which the public is invited, including any
6    place of amusement, entertainment, or eating place.
7    "Public place" also includes the front yard area, driveway
8    and walkway of any private residence, business, or
9    apartment house.
10        "Streetgang" and "streetgang member" have the meanings
11    ascribed to them in Section 10 of the Illinois Streetgang
12    Terrorism Omnibus Prevention Act.
13    (b) A person commits streetgang member loitering when he or
14she is a streetgang member or is in the company of or acting in
15concert with a streetgang member and knowingly loiters in a
16public place under any of the following circumstances:
17        (1) with the intent to publicize a criminal
18    streetgang's dominance over certain territory in order to
19    intimidate non-members of the streetgang from entering,
20    remaining in, or using the public place or adjacent area;
21    or
22        (2) with the intent to conceal ongoing commerce in
23    illegal drugs or other unlawful activity.
24    (c) Nothing in this Section shall be construed in any way
25to limit the power or right of a law enforcement officer to
26make any investigation, detention, or arrest as the law

 

 

HB4512- 3 -LRB100 16839 RLC 31980 b

1enforcement officer would be permitted to make in absence of
2this Section.
3    (d) Sentence. A streetgang member or a person in the
4company of or acting in concert with a streetgang member who
5violates this Section is guilty of a Class A misdemeanor.