SB0140 96TH GENERAL ASSEMBLY

LRB096 04812 RLC 14876 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0140

Introduced 1/30/2009, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 48 heading new
720 ILCS 5/48-1 new
720 ILCS 5/48-5 new
720 ILCS 5/48-10 new

Amends the Criminal Code of 1961. Creates the Gang-related Crimes Law. Creates the offense of active participation in a criminal street gang. Provides that a person commits the offense who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a course or pattern of criminal gang activity, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that criminal street gang. Provides that a person who commits active participation in a criminal street gang is guilty of conspiracy to commit the felonious conduct of the criminal street gang. Creates the offense of disorderly promotion of a criminal street gang. Provides that a person commits the offense when he or she knowingly speaks a gang-related name or flashes a gang-related sign or symbol in such an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace. Provides that a violation is a Class C misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Article 48 as follows:

(720 ILCS 5/Art. 48 heading new)

ARTICLE 48. GANG-RELATED CRIMES

(720 ILCS 5/48-1 new)

Sec. 48-1. Short title. This Article may be cited as the Gang-related Crimes Law.

(720 ILCS 5/48-5 new)

Sec. 48-5. Active participation in a criminal street gang.

(a) A person commits active participation in a criminal street gang who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a course or pattern of criminal gang activity, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that criminal street gang. A person who commits active participation in a criminal street gang is guilty of conspiracy to commit the felonious conduct of the criminal street gang.

(b) Sentence. A person convicted of active participation in a criminal street gang may be sentenced in accordance with Section 8-2 of this Code.

(c) In this Section, "criminal street gang" and "course or pattern of criminal activity" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(720 ILCS 5/48-10 new)

Sec. 48-10. Disorderly promotion of a criminal street gang.

(a) A person commits disorderly promotion of a criminal street gang when he or she knowingly speaks a gang-related name or flashes a gang-related sign or symbol in such an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace.

(b) Sentence. A violation of this Section is a Class C misdemeanor.

(c) In this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; and "gang-related name" and "gang-related sign or symbol" mean any name, sign or other symbol intended to identify a criminal street gang.