98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5616

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/37-1  from Ch. 38, par. 37-1
740 ILCS 147/45

    Amends the Criminal Code of 2012 and the Illinois Streetgang Terrorism Omnibus Prevention Act. Provides that a streetgang, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, that regularly engages in streetgang related activity constitutes a public nuisance. Provides that any person who regularly associates with others to engage in criminal streetgang activity may be made a defendant in an action to abate any public nuisance resulting from criminal street gang activity.


LRB098 18103 RLC 53232 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5616LRB098 18103 RLC 53232 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 changing
5Section 37-1 as follows:
 
6    (720 ILCS 5/37-1)  (from Ch. 38, par. 37-1)
7    Sec. 37-1. Maintaining Public Nuisance.
8    (a) Any building used in the commission of offenses
9prohibited by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16,
1011-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22,
1112-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1,
1228-3, 31-5 or 39A-1, or subdivision (a)(1), (a)(2)(A), or
13(a)(2)(B) of Section 11-14.3, of this Code, or prohibited by
14the Illinois Controlled Substances Act, the Methamphetamine
15Control and Community Protection Act, or the Cannabis Control
16Act, or used in the commission of an inchoate offense relative
17to any of the aforesaid principal offenses, or any real
18property erected, established, maintained, owned, leased, or
19used by a streetgang for the purpose of conducting streetgang
20related activity as defined in Section 10 of the Illinois
21Streetgang Terrorism Omnibus Prevention Act is a public
22nuisance.
23    (a-5) A streetgang, as defined in Section 10 of the

 

 

HB5616- 2 -LRB098 18103 RLC 53232 b

1Illinois Streetgang Terrorism Omnibus Prevention Act, that
2regularly engages in streetgang related activity, as defined in
3Section 10 of the Illinois Streetgang Terrorism Omnibus
4Prevention Act, constitutes a public nuisance. For the purposes
5of this subsection (a-5), "regularly" means at least 5 times in
6a period of not more than 12 months.
7    (b) Sentence. A person convicted of knowingly maintaining
8such a public nuisance commits a Class A misdemeanor. Each
9subsequent offense under this Section is a Class 4 felony.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
11    Section 10. The Illinois Streetgang Terrorism Omnibus
12Prevention Act is amended by changing Section 45 as follows:
 
13    (740 ILCS 147/45)
14    Sec. 45. Abatement as public nuisance.
15    (a) Any real property that is erected, established,
16maintained, owned, leased, or used by any streetgang for the
17purpose of conducting streetgang related activity constitutes
18a public nuisance and may be abated as provided in Article 37
19of the Criminal Code of 2012 relating to public nuisances.
20    (a-5) A streetgang that regularly engages in streetgang
21related activities constitutes a public nuisance. For the
22purposes of this subsection (a-5), "regularly" means at least 5
23times in a period of not more than 12 months. Any person who
24regularly associates with others to engage in criminal

 

 

HB5616- 3 -LRB098 18103 RLC 53232 b

1streetgang activity may be made a defendant in an action to
2abate any public nuisance resulting from criminal street gang
3activity.
4    (b) An action to abate a nuisance under this Section may be
5brought by the State's Attorney of the county where the seizure
6occurred.
7    (c) Any person who is injured by reason of streetgang
8related activity shall have a cause of action for 3 times the
9actual damages sustained and, if appropriate, punitive
10damages; however, no cause of action shall arise under this
11subsection (c) as a result of an otherwise legitimate
12commercial transaction between parties to a contract or
13agreement for the sale of lawful goods or property or the sale
14of securities regulated by the Illinois Securities Law of 1953
15or by the federal Securities and Exchange Commission. The
16person shall also recover reasonable attorney's fees, costs,
17and expenses.
18(Source: P.A. 97-1150, eff. 1-25-13.)