101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0036

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/25-1  from Ch. 38, par. 25-1

    Amends the Criminal Code of 2012 concerning mob action. Provides that a student of a public, private, or parochial elementary or secondary school shall be exempt from prosecution for mob action if the event occurred on the grounds of that public, private, or parochial elementary or secondary school during regular school hours.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 changing
5Section 25-1 as follows:
 
6    (720 ILCS 5/25-1)  (from Ch. 38, par. 25-1)
7    Sec. 25-1. Mob action.
8    (a) A person commits mob action when he or she engages in
9any of the following:
10        (1) the knowing or reckless use of force or violence
11    disturbing the public peace by 2 or more persons acting
12    together and without authority of law;
13        (2) the knowing assembly of 2 or more persons with the
14    intent to commit or facilitate the commission of a felony
15    or misdemeanor; or
16        (3) the knowing assembly of 2 or more persons, without
17    authority of law, for the purpose of doing violence to the
18    person or property of anyone supposed to have been guilty
19    of a violation of the law, or for the purpose of exercising
20    correctional powers or regulative powers over any person by
21    violence.
22    (a-5) A student of a public, private, or parochial
23elementary or secondary school shall be exempt from prosecution

 

 

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1under this Section if the event occurred on the grounds of that
2public, private, or parochial elementary or secondary school
3during regular school hours.
4    (b) Sentence.
5        (1) Mob action in violation of paragraph (1) of
6    subsection (a) is a Class 4 felony.
7        (2) Mob action in violation of paragraphs (2) and (3)
8    of subsection (a) is a Class C misdemeanor.
9        (3) A participant in a mob action that by violence
10    inflicts injury to the person or property of another
11    commits a Class 4 felony.
12        (4) A participant in a mob action who does not withdraw
13    when commanded to do so by a peace officer commits a Class
14    A misdemeanor.
15        (5) In addition to any other sentence that may be
16    imposed, a court shall order any person convicted of mob
17    action to perform community service for not less than 30
18    and not more than 120 hours, if community service is
19    available in the jurisdiction and is funded and approved by
20    the county board of the county where the offense was
21    committed. In addition, whenever any person is placed on
22    supervision for an alleged offense under this Section, the
23    supervision shall be conditioned upon the performance of
24    the community service. This paragraph does not apply when
25    the court imposes a sentence of incarceration.
26(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)