Rep. Melissa Conyears-Ervin
Filed: 4/6/2018
 
 

 

 

 
10000HB4512ham001LRB100 16839 RLC 38062 a



1
AMENDMENT TO HOUSE BILL 4512




2    AMENDMENT NO. ______. Amend House Bill 4512 by replacing 
3everything after the enacting clause with the following:




  
 
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 
 
 
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1        property; or
2            (3) entering or remaining in a building in or


3        around a public place, other than the person's 
4        residence.
5        "Public place" means the public way and any other 
6    location open to the public, whether publicly or privately 
7    owned, including, but not limited to any street, sidewalk, 
8    avenue, highway, road, curb area, alley, park, playground 
9    or other public ground or public building, any common area 
10    of a school, hospital, apartment house, office building, 
11    transport facility, shop, privately owned place of 
12    business, to which the public is invited, including any 
13    place of amusement, entertainment, or eating place. 
14    "Public place" also includes the front yard area, driveway 
15    and walkway of any private residence, business, or 
16    apartment house. 
17        "Streetgang" and "streetgang member" have the meanings 
18    ascribed to them in  Section 10 of the Illinois Streetgang 
19    Terrorism Omnibus Prevention Act.
20    (b)  A person commits streetgang member loitering when he or 
21she  is a streetgang member or is in the company of or acting in 
22concert with a streetgang member and knowingly loiters in a 
23public place and a peace officer informs the person that he or 
24she is subject to arrest and prosecution for failure to obey 
25promptly the order issued by the peace officer that streetgang 
26member loitering is prohibited, or for engaging in further 
 
 
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1streetgang member loitering within sight or hearing of the 
2place at which the order was issued during the 12-hour period 
3following the time the order was issued and with the intent to 
4either:
5        (A) publicize a criminal streetgang's dominance over 
6    certain territory in order to intimidate non-members of the 
7    streetgang from entering, remaining in, or using the public 
8    place or adjacent area;
or
9        (B)
with the intent to conceal ongoing commerce in 
10    illegal drugs or other unlawful activity.
11    (c)  Nothing in this Section shall be construed in any way 
12to limit the power or right of a law enforcement officer to 
13make any investigation, detention, or arrest as the law 
14enforcement officer would be permitted to make in absence of 
15this Section.
16    (d)  Sentence.  A streetgang member or a person in the 
17company of or acting in concert with a streetgang member who 
18violates this Section is guilty of a petty offense and shall be 
19sentenced by the court to perform community service of up to 
20120 hours for a first or second offense.  A streetgang member or 
21a person in the company of or acting in concert with a 
22streetgang member who is convicted of a third or subsequent 
23offense under  this Section is guilty of a Class A 
24misdemeanor.".