HB3792 97TH GENERAL ASSEMBLY

LRB097 12261 RLC 56723 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3792

Introduced 6/21/2011, by Rep. Michael P. McAuliffe - Rosemary Mulligan - Angelo Saviano

SYNOPSIS AS INTRODUCED:

720 ILCS 5/25-1

from Ch. 38, par. 25-1

Amends the Criminal Code of 1961. Provides that in addition to other elements of the offense, "mob action" includes the knowing or reckless threat of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law. Increases the penalties for mob action.

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 changing Section 25-1 as follows:

(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)

Sec. 25-1. Mob action.

(a) A person commits the offense of mob action when he or she engages in any of the following:

(1) the knowing or reckless use of force or violence or threat of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;

(2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or

(3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

(b) Mob action as defined in paragraph (1) of subsection (a) is a Class 3 4 felony.

(c) Mob action as defined in paragraph paragraphs (2) and (3) of subsection (a) is a Class A C misdemeanor.

(c-5) Mob action as defined in paragraph (3) of subsection (a) is a Class C misdemeanor.

(d) Notwithstanding any other provision of law to the contrary, any Any participant in a mob action that by violence inflicts great bodily harm or permanent disability or disfigurement injury to the person or property of another person commits a Class 2 4 felony.

(d-5) Any participant in a mob action as defined in paragraph (2) or (3) of subsection (a) that by violence inflicts bodily harm to another person or damage to the property of another commits a Class 4 felony.

(e) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer commits a Class A misdemeanor.

(f) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 96-710, eff. 1-1-10.)