(a) Any person who engages in a streetgang criminal drug conspiracy, as defined in this Section, is guilty of a Class X felony for which the offender shall be sentenced to a term of imprisonment as follows:
(1) not less than 15 years and not more than 60 years for a violation of subsection (a) of Section 401 [720 ILCS 570/401];
(2) not less than 10 years and not more than 30 years for a violation of subsection (c) of Section 401 [720 ILCS 570/401].
For the purposes of this Section, a person engages in a streetgang criminal drug conspiracy when:
(i) he or she violates any of the provisions of subsection (a) or (c) of Section 401 of this Act [720 ILCS 570/401] or any provision of the Methamphetamine Control and Community Protection Act[720 ILCS 646/1 et seq.]; and
(ii) such violation is part of a conspiracy undertaken or carried out with 2 or more other persons; and
(iii) such conspiracy is in furtherance of the activities of an organized gang as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.]; and
(iv) he or she occupies a position of organizer, a supervising person, or any other position of management with those persons identified in clause (ii) of this subsection (a).
The fine for a violation of this Section shall not be more than $ 500,000, and the offender shall be subject to the forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug Asset Forfeiture Procedure Act [725 ILCS 150/8], any person who is convicted under this Section of engaging in a streetgang criminal drug conspiracy shall forfeit to the State of Illinois:
(1) the receipts obtained by him or her in such conspiracy; and
(2) any of his or her interests in, claims against, receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
(c) The circuit court may enter such injunctions, restraining orders, directions, or prohibitions, or may take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property, claim, receipt, right, or other interest subject to forfeiture under this Section, as it deems proper.
The Department may establish and maintain, within the Department, a Statewide Organized Criminal Gang Database (SWORD) for the purpose of tracking organized criminal gangs and their memberships. Information in the database may include, but not be limited to, the name, last known address, birth date, physical descriptions (such as scars, marks, or tattoos), officer safety information, organized gang affiliation, and entering agency identifier. The Department may develop, in consultation with the Criminal Justice Information Authority, and in a form and manner prescribed by the Department, an automated data exchange system to compile, to maintain, and to make this information electronically available to prosecutors and to other law enforcement agencies. The information may be used by authorized agencies to combat the operations of organized criminal gangs statewide.
As used in this Act:
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
A "SWORD terminal" is an interactive computerized communication and processing unit that permits a direct on-line communication with the Department of State Police’s central data repository, the Statewide Organized Gang Database (SWORD).
The Department may:
(a) provide a uniform reporting format for the entry of pertinent information regarding the report of an arrested organized gang member or organized gang affiliate into SWORD;
(b) notify all law enforcement agencies that reports of arrested organized gang members or organized gang affiliates shall be entered into the database as soon as the minimum level of data specified by the Department is available to the reporting agency, and that no waiting period for the entry of that data exists;
(c) develop and implement a policy for notifying law enforcement agencies of the emergence of new organized gangs, or the change of a name or other identifying sign by an existing organized gang;
(d) compile and retain information regarding organized gangs and their members and affiliates, in a manner that allows the information to be used by law enforcement and other agencies, deemed appropriate by the Director, for investigative purposes;
(e) compile and maintain a history data repository relating to organized gangs and their members and affiliates in order to develop and improve techniques utilized by law enforcement agencies and prosecutors in the investigation, apprehension, and prosecution of members and affiliates of organized gangs;
(f) create a quality control program regarding confirmation of organized gang membership and organized gang affiliation data, timeliness and accuracy of information entered into and performance audits of all entering agencies;
(g) locate all law enforcement agencies that could, in the opinion of the Director, benefit from access to SWORD, and notify them of its existence, and
(h) cooperate with all law enforcement agencies wishing to gain access to the SWORD system, and facilitate their entry into the system and their continued maintenance of access to it.
Local law enforcement agencies who are members of the SWORD system may:
(a) after carrying out any arrest of any individual whom they believe to be a member or affiliate of an organized gang, create or update that individual’s electronic file within the SWORD system; and
(b) notify the prosecutor of the accused of the accused individual’s gang membership or gang affiliate status.
The Governor of this State is authorized to enter into a compact on behalf of this State with any of the states of the United States legally joining that compact in a form substantially as follows:
COMPACT
This compact is entered into by the contracting States, signatories to this compact, with the consent of the Congress of the United States of America, granted by "An Act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes.
The contracting States agree as follows:
(1) The duly constituted judicial and administrative authorities of a state that is a party to this compact may share information compiled by that state with another state that is a party to this compact concerning the names, addresses, arrest records, and conviction information of organized gang members and information concerning the activities of organized gangs.
(2) A state that is a party to this compact may establish an interactive computerized communication and processing unit that permits direct on-line communication with a computer network of another state that is a party to this compact and contains the information described in paragraph (1).
(3) The Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, may promulgate rules and regulations deemed necessary to carry out more effectively the terms of this compact.
(4) This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within that state. The form of ratification shall be in accordance with the laws of the ratifying state.
(5) This compact shall continue in force and remain binding upon each ratifying State until renounced by it. Renunciation of this compact shall be by the same authority that ratified it by giving a 6-month notice in writing to the other contracting states of its intention to withdraw from the compact.
(Top)(a) A person commits the offense of unlawful contact with streetgang members when:
(1) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members; or
(2) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members.
(b) Unlawful contact with streetgang members is a Class A misdemeanor.
(c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 [720 ILCS 5/112A-3] and the streetgang members are not engaged in any streetgang-related activity.
(Top)(a) In lieu of the immunity provided in Section 106-2 of this Code [725 ILCS 5/106-2], the State's Attorney may make application to the court that a streetgang member, who testifies on behalf of a public authority in a civil proceeding brought against a streetgang under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.], be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence by the streetgang member. The court shall grant the order of immunity if:
(1) the production of the evidence is necessary to a fair determination of a cause of action under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.]; and
(2) the streetgang member has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
(b) In lieu of the immunity provided in Section 106-2 of this Code [725 ILCS 5/106-2], in any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence from the witness if the witness has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
(c) The production of evidence so compelled under the order, and any information directly or indirectly derived from it, may not be used against the witness in a criminal case, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order. An order of immunity granted under this Section does not bar prosecution of the witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the evidence produced under the order shall be furnished to him or her.
(a) The State's Attorney, or a person designated in writing or by law to act for him and to perform his duties during his absence or disability, may authorize, in writing, an ex parte application to the chief judge of a court of competent jurisdiction for an order authorizing the interception of a private communication when no party has consented to the interception and (i) the interception may provide evidence of or may assist in the apprehension of a person who has committed, is committing, or is about to commit a violation of Section 8-1.1 [720 ILCS 5/8-1.1] (solicitation of murder), 8-1.2 [720 ILCS 5/8-1.2] (solicitation of murder for hire), 9-1 [720 ILCS 5/9-1] (first degree murder), or 29B-1 [720 ILCS 5/29B-1] (money laundering) of the Criminal Code of 1961, Section 401, 401.1 (controlled substance trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act [720 ILCS 570/401, 720 ILCS 570/401.1, 720 ILCS 570/405, 720 ILCS 570/405.1 or 720 ILCS 570/407 or 720 ILCS 646/1 et seq.], a violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 [720 ILCS 5/24-2.1, 720 ILCS 5/24-2.2, 720 ILCS 5/24-3, 720 ILCS 5/24-3.1, 720 ILCS 5/24-3.3, 720 ILCS 5/24-3.4, 720 ILCS 5/24-4 or 720 ILCS 5/24-5 or 720 ILCS 5/24-1] or conspiracy to commit money laundering or conspiracy to commit first degree murder; (ii) in response to a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation or prosecution of a civil action brought under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.] when there is probable cause to believe the interception of the private communication will provide evidence that a streetgang is committing, has committed, or will commit a second or subsequent gang-related offense or that the interception of the private communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony.
(Top)A person who expressly or impliedly threatens to do bodily harm or does bodily harm to an individual or to that individual's family or uses any other criminally unlawful means to solicit or cause any person to join, or deter any person from leaving, any organization or association regardless of the nature of such organization or association, is guilty of a Class 2 felony.
Any person of the age of 18 years or older who expressly or impliedly threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.
A person convicted of an offense under this section shall not be eligible to receive a sentence of probation, conditional discharge, or periodic imprisonment.
(a) A person commits the offense of aggravated intimidation when he or she commits the offense of intimidation and:
(1) the person committed the offense in furtherance of the activities of an organized gang or by the person's membership in or allegiance to an organized gang;
(a) A person commits the offense of criminal streetgang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal streetgang, or conspires to do so.
(b) Sentence. Criminal streetgang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony.
(Top)"Course or pattern of criminal activity" means 2 or more gang-related criminal offenses committed in whole or in part within this State when:
(1) at least one such offense was committed after the effective date of this Act;
(2) both offenses were committed within 5 years of each other; and
(3) at least one offense involved the solicitation to commit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961.
"Street gang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.
For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or enjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial sites or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy’s existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act.
"Streetgang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity.
"Streetgang related" or "gang-related" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy-making person or authority, or by any agent, representative, or deputy of any such officer, person, or authority:
(1) with the intent to increase the gang’s size, membership, prestige, dominance, control in any geographical area; or
(2) with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity, or pornography; or that involves robbery, burglary, or theft; or
(3) with the intent to exact revenge or retribution for the gang or any member of the gang; or
(4) with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or
(5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence, or membership.
(Top) (c) The Department shall create a gang intelligence unit under the supervision of the Director. The unit shall be specifically designed to gather information regarding the inmate gang population, monitor the activities of gangs, and prevent the furtherance of gang activities through the development and implementation of policies aimed at deterring gang activity. The Director shall appoint a Corrections Intelligence Coordinator.
All information collected and maintained by the unit shall be highly confidential, and access to that information shall be restricted by the Department. The information shall be used to control and limit the activities of gangs within correctional institutions under the jurisdiction of the Illinois Department of Corrections and may be shared with other law enforcement agencies in order to curb gang activities outside of correctional institutions under the jurisdiction of the Department and to assist in the investigations and prosecutions of gang activity. The Department shall establish and promulgate rules governing the release of information to outside law enforcement agencies. Due to the highly sensitive nature of the information, the information is exempt from requests for disclosure under the Freedom of Information Act [5 ILCS 140/1 et seq.] as the information contained is highly confidential and may be harmful if disclosed.
The Department shall file an annual report with the General Assembly on the profile of the inmate population associated with gangs, gang-related activity within correctional institutions under the jurisdiction of the Department, and an overall status of the unit as it relates to its function and performance.
(a) A person commits the offense of criminal streetgang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal streetgang, or conspires to do so.
(b) Sentence. Criminal streetgang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony.
(Top)(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser, or other firearm; or
(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser, or other firearm; and
(3) One of the following factors is present:
(F) the person possessing the weapon is a member of a streetgang or is engaged in streetgang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10];
(Top)A county board may ban graffiti within the county, except within the corporate limits of a municipality, and may establish penalties.
(Top)(b) There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government and school districts to assist them in gang control activities and to administer a system of grants to units of local government and school districts that, upon application, have demonstrated a workable plan to reduce gang activity in their area. The grants shall not include reimbursement for personnel, nor shall they exceed 75% of the total request by any applicant. The grants may be calculated on a proportional basis, determined by funds available to the Department for this purpose. The Department has the authority to promulgate appropriate rules and regulations to administer this program.
The Office shall establish mobile units of trained personnel to respond to gang activities.
The Office shall also consult with and use the services of religious leaders and other celebrities to assist in gang control activities.
The Office may sponsor seminars, conferences, or any other educational activity to assist communities in their gang crime control activities.
To assist victims and witnesses in gang crime prosecutions through the administration of funds appropriated from the Gang Violence Victims and Witnesses Fund to the Department. Those funds shall be appropriated to the Department and shall only be used to assist victims and witnesses in gang crime prosecutions. The assistance may include any of the following:
(1) Temporary living costs.
(2) Moving expenses.
(3) Closing costs on the sale of a private residence.
(4) First month's rent.
(5) Security deposits.
(6) Apartment location assistance.
(7) Other expenses that the Department considers appropriate.
(8) Compensation for any loss of or injury to real or personal property resulting from a gang crime to a maximum of $ 5,000, subject to the following provisions:
(A) In the case of loss of property, the amount of compensation shall be measured by the replacement cost of similar or like property that has been incurred by and that is substantiated by the property owner.
(B) In the case of injury to property, the amount of compensation shall be measured by the cost of repair incurred and that can be substantiated by the property owner.
(C) Compensation under this provision is a secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage.
(D) No compensation may be awarded if the property owner was an offender or an accomplice of the offender or if the award would unjustly benefit the offender or offenders or an accomplice of the offender or offenders.
No victim or witness may receive assistance under this Section if he or she is not a part of or fails to fully cooperate in the prosecution of gang crime members by law enforcement authorities.
(b) Any community-based organization seeking to have a project approved for a grant must submit an application to the Department describing its potential contributors and the nature and benefit of the project, such as the number of youth to be served by the project, performance standards or benchmarks, and monetary benefits of the project such as additional non-State funds leveraged or new State or local taxes generated.
The application must also address how the following criteria will be met:
(1) The project must contribute to the self-help efforts of the residents of the area involved.
(2) The project must involve the residents of the area in planning and implementing the project.
(3) The project must lack sufficient resources.
(4) The community-based organization must be fiscally responsible for the project.
(c) The project must provide alternatives to participation in gangs by juveniles in one of the following ways:
(1) by creating permanent jobs;
(2) by stimulating neighborhood business activity;
(3) by providing job training services;
(4) by providing youth recreation and athletic activities; or
(5) by strengthening any community-based organizations whose objectives are similar to those listed in items 1 through 4 above.
(d) If the community-based organization demonstrates its ability to meet the criteria in subsection (b), and will provide juvenile gang alternatives in 1 of the ways listed in subsection (c), the Department shall approve the organization's proposed projects and specify the amount of grant it is eligible to receive for such project. Comments from State-elected officials representing the districts in which the project is proposed to be located shall be solicited by the Department in making the decision.
(a) The General Assembly hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or disability, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this Act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b) The General Assembly finds, however, that urban, suburban, and rural communities, neighborhoods and schools throughout the State are being terrorized and plundered by street gangs. The General Assembly finds that there are now several hundred street gangs operating in Illinois, and that while their terrorism is most widespread in urban areas, street gangs are spreading into suburban and rural areas of Illinois.
(c) The General Assembly further finds that street gangs are often controlled by criminally sophisticated adults who take advantage of our youth by intimidating and coercing them into membership by employing them as drug couriers and runners, and by using them to commit brutal crimes against persons and property to further the financial benefit to and dominance of the street gang.
(d) These street gangs’ activities present a clear and present danger to public order and safety and are not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the General Assembly in enacting this Act to create a civil remedy against street gangs and their members that upon patterns of criminal gang activity and upon the organized nature of street gangs, which together have been the chief source of their success
(a) A civil cause of action is hereby created in favor of any pubic authority expending money, allocating or reallocating police, firefighting, emergency or other personnel or resources, or otherwise incurring any loss, deprivation, or injury, or sustaining any damage, impairment, or harm whatsoever, proximately caused by any course or pattern of criminal activity.
(b) The cause of action created by this Act shall lie against:
(1) any streetgang in whose name, for whose benefit, on whose behalf, or under whose direction the act was committed- and (2) any gang officer or director who causes, orders, suggests, authorizes, consents to, agrees to, requests, acquiesces in, or ratifies any such act; and
(3) any gang member who, in the furtherance of or in connection with, any gang-related activity, commits any such act; and
(4) any gang officer, director, leader, or member.
(c) The cause of action authorized by this Act shall be brought by the State’s Attorney or attorneys or by his or their designees. This cause of action shall be in addition to any other civil or criminal proceeding authorized by the laws of this State or by federal law, and shall not be construed as requiring the State’s Attorney or his designee to elect a civil, rather than criminal remedy, or as replacing ally other cause of action. Liability of the gang, its officers, directors leaders, and members shall be joint and severable subject only to the apportionment and allocation of punitive damage authorized under Section 35 of this Act.
(a) An action may be commenced under this Act by the filing of a verified complaint as in civil cases.
(b) A complaint filed under this Act, and all other ancillary or collateral matters arising therefrom, including matter relating to discovery, motions, trial, and the perfection or execution of judgments shall be subject to the Code of Civil Procedure, except as may be otherwise provided in this Act, or except as the court may otherwise order upon motion of the State’s Attorney or his designee in matters relating to immunity or the physical safety of witnesses.
(c) The complaint shall name each complaining State’s Attorney or his designee, and the public authority represented by him or by them.
(d) The complaint shall also name as defendants the gang, all known gang officers, and any gang members specifically identified or alleged in the complaint as having participated in a course or pattern of gang-related criminal activity. The complaint may also name, as a class of defendants, all unknown gang members.
(e) When, at any point prior to trial, other specific gang officers or members become known, the complaint may be amended to include any such person as a named defendant.
(a) In an action brought under this Act, venue shall lie in any county where an act charged in the complaint as part of a course or pattern of gang-related criminal activity committed.
(b) It shall not be necessary for all offenses necessary to establishing a course or pattern of criminal activity to have occurred in any one county where the State’s Attorneys of several counties, or their designees, each complaining of any offense, elected to join in a complaint. In such instance, it shall be sufficient that the complaint, taken as a whole, alleges a course or pattern of gang-related criminal activity, and each count of any such joint complaint shall be considered as cumulative to other counts for purposes of alleging or demonstrating such a course or pattern of activity.
(c) Where a course or pattern of activity is alleged to have been committed or to have occurred in more than one county, the State’s Attorney of each such county, or their designees, may join their several causes of action in a single complaint, which may be filed in any such county agreed to by or among them, but no such joinder shall be had without the consent of the State’s Attorney having jurisdiction over each offense alleged as part of the course or pattern of activity.
(a) All streetgangs and streetgang members engaged in a course or pattern of gang-related criminal activity within this State impliedly consent to service of process upon them as set forth in this Section, or as may be otherwise authorized by the Code of Civil Procedure.
(b) Service of process upon a streetgang may be had by leaving a copy of the complaint and summons directed to any officer of such gang, commanding the gang to appear and answer the complaint or otherwise plead at a time and place certain:
(1) with any gang officer; or
(2) with any individual member of the gang simultaneously named therein; or
(3) in the manner provided for service upon a voluntary unincorporated association in a civil action; or
(4) in the manner provided for service by publication in a civil action; or
(5) with any parent, legal guardian, or legal custodian of any persons charged with a gang-related offense when any person sued civilly under this Act is under 18 years of age and is also charged criminally or as a delinquent minor; or
(6) with the director of any agency or department of this State who is the legal guardian, guardianship administrator, or custodian of any person sued under this Act; or
(7) with the probation or parole officer of any person sued under this Act; or
(8) with such other person or agent as the court may, upon petition of the State’s Attorney or his designee, authorize as appropriate and reasonable under all of the circumstances.
(c) If after being summoned a streetgang does not appear, the court shall enter an answer for the streetgang neither affirming nor denying the allegations of the complaint but demanding strict proof thereof, and proceed to trial and judgment without further process.
(d) When any person is named as a defendant streetgang member in any complaint, or subsequently becomes known and is added or joined as a named defendant, service of process may be had as authorized or provided for in the Code of Civil Procedure for service of process in a civil ease.
(e) Unknown gang members may be sued as a class and designated as such in the caption of any complaint filed under this Act. Service of process upon unknown members may be made in the manner prescribed for provision of notice to members of a class in a class action, or as the court may direct for providing the best service and notice practicable under the circumstances which shall include individual, personal, or other service upon all members who can be identified and located through reasonable effort.
(a) In any action brought under this Act, and upon the verified application of the State’s Attorney or his designee, the circuit court may at any time enter such restraining orders, injunctions, or other prohibitions, or order such other relief as it deems proper, including but not limited to ordering any person to divest himself of any involvement or interest, direct or indirect, in any illegal streetgang activity and imposing other reasonable restrictions on the future illegal activities of any defendant.
(b) A final judgment in favor of a public authority under this Act shall entitle it to recover compensatory damages for all damages, losses, impairments, or other harm proximately caused, together with the costs of the suit and reasonable attorneys’ fees. Punitive damages may be assessed against any streetgang, against any streetgang officer or member found guilty of actual participation in or to be legally accountable for a course or pattern of criminal activity under this Act.
(a) A person commits the offense of unlawful contact with streetgang members when:
(1) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members; or
(2) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members.
(b) Unlawful contact with streetgang members is a Class A misdemeanor.
(c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 [720 ILCS 5/112A-3] and the streetgang members are not engaged in any streetgang-related activity.
(a) The State's Attorney, or a person designated in writing or by law to act for him and to perform his duties during his absence or disability, may authorize, in writing, an ex parte application to the chief judge of a court of competent jurisdiction for an order authorizing the interception of a private communication when no party has consented to the interception and (i) the interception may provide evidence of or may assist in the apprehension of a person who has committed, is committing, or is about to commit a violation of Section 8-1.1 [720 ILCS 5/8-1.1] (solicitation of murder), 8-1.2 [720 ILCS 5/8-1.2] (solicitation of murder for hire), 9-1 [720 ILCS 5/9-1] (first degree murder), or 29B-1 [720 ILCS 5/29B-1] (money laundering) of the Criminal Code of 1961, Section 401, 401.1 (controlled substance trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act [720 ILCS 570/401, 720 ILCS 570/401.1, 720 ILCS 570/405, 720 ILCS 570/405.1 or 720 ILCS 570/407 or 720 ILCS 646/1 et seq.], a violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 [720 ILCS 5/24-2.1, 720 ILCS 5/24-2.2, 720 ILCS 5/24-3, 720 ILCS 5/24-3.1, 720 ILCS 5/24-3.3, 720 ILCS 5/24-3.4, 720 ILCS 5/24-4 or 720 ILCS 5/24-5 or 720 ILCS 5/24-1] or conspiracy to commit money laundering or conspiracy to commit first degree murder; (ii) in response to a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation or prosecution of a civil action brought under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.] when there is probable cause to believe the interception of the private communication will provide evidence that a streetgang is committing, has committed, or will commit a second or subsequent gang-related offense or that the interception of the private communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony.
Illinois 725 ILCS 172/5-1. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Short title
Sec. 5-1. This Article may be cited as the Gang Crime Witness Protection Act, and references in this Article to "this Act" mean this Article.
Illinois 725 ILCS 172/5-5. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Definition
Sec. 5-5. As used in this Act, "gang crime" means any criminal offense committed by a member of a "gang" as that term is defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang.
Illinois 725 ILCS 172/5-10. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Pilot program
Sec. 5-10. The Department of State Police shall establish and administer a pilot program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Fund and appropriated from that Fund for the purposes of this Act.
Illinois 725 ILCS 172/5-15. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Funding
Sec. 5-15. The Department of State Police, in consultation with the Attorney General, shall promulgate rules for the implementation of the Gang Crime Witness Protection Program. Assistance shall be subject to the following limitations:
(a) Funds shall be limited to payment of the following:
(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation or transition;
(b) Approval of applications made by State's Attorneys shall be conditioned upon county funding for costs at a level of at least 25%, unless this requirement is waived by the administrator, in accordance with promulgated rules, for good cause shown;
(c) Counties providing assistance consistent with the limitations in this Act may apply for reimbursement of up to 75% of their costs; and
(d) No more than 50% of funding available in any given fiscal year may be used for costs associated with any single county.
Illinois 725 ILCS 172/5-20. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Gang Crime Witness Protection Fund
Sec. 5-20. There is created in the State Treasury the Gang Crime Witness Protection Fund into which shall be deposited appropriated funds, grants, or other funds made available to the Department of State Police to assist State's Attorneys and the Attorney General in protecting victims and witnesses who are aiding in the prosecution of perpetrators of gang crime and appropriate related persons.
Illinois 725 ILCS 172/5-30. Repeal
Sec. 5-30. Repeal. This Act is repealed on July 1, 2012.
(725 ILCS 172/5-35)
(Section scheduled to be repealed on July 1, 2004)
Sec. 5-35. Continuation of Act; Validation.
(a) The General Assembly finds and declares that:
(1) When the Gang Crime Witness Protection Act was originally enacted by Public Act 89-498, effective June 27, 1996, it included a Section 5-30, which repealed the Act on June 30, 1998.
(2) Senate Bill 1846 of the 90th General Assembly included a provision that amended the Gang Crime Witness Protection Act by changing Section 5-30 to make the Act’s repeal date June 30, 1999. Senate Bill 1846 passed both houses on May 21, 1998. Senate Bill 1846 provided that it took effect upon becoming law. Senate Bill 1846 was sent to the Governor on June 19, 1998. Senate Bill 1846 was not approved by the Governor until August 14, 1998. Senate Bill 1846 became Public Act 90-795.
(3) The Statute on Statutes sets forth general rules on the repeal of statutes, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".
(4) The actions of the General Assembly clearly manifest the intention of the General Assembly to change the Gang Crime Witness Protection Act’s repeal date to June 30, 1999.
(5) Any construction of Section 5-30 of the Gang Crime Witness Protection Act that results in the repeal of the Act on June 30, 1998 would be inconsistent with the manifest intent of the General Assembly.
(b) It is hereby declared to have been the intent of the General Assembly,
in enacting Public Act 90-795, that Section 5-30 of the Gang Crime Witness Protection
Act be changed to make June 30, 1999 the repeal
date of the Gang Crime Witness Protection Act, and that the Gang Crime Witness
Protection Act therefore not be subject to repeal on June 30, 1998.
(c) The Gang Crime Witness Protection Act shall be deemed to have been in continuous effect since its original effective date, and it shall continue to be in effect until it is otherwise repealed.
(d) All actions taken in reliance on or pursuant to the Gang Crime Witness Protection Act by any officer or agency of State government or any other person or entity are validated.
(e) To ensure the continuing effectiveness of the Gang Crime Witness Protection Act, it is set forth in full and re-enacted by this amendatory Act. This re-enactment is intended as a continuation of the Act. It is not intended to supersede any amendment to the Act that is enacted by the General Assembly.
(f) This Act applies to all claims, civil actions, and proceedings pending on or filed on, before, or after the effective date of this amendatory Act.
(g) The General Assembly also intends in this amendatory Act to change the repeal date of the Gang Crime Witness Protection Act to July 1, 2004.
(740 ILCS 147/1)
Sec. 1. Short title. This Article may be cited as the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 87-932.)
(740 ILCS 147/5)
(740 ILCS 147/10)
Sec. 10. Definitions
"Course or pattern of criminal activity" means 2 or more gang-related
criminal offenses committed in whole or in part within this State when:
(1) at least one such offense was committed after the effective date of this Act;
(2) both offenses were committed within 5 years of each other; and
(3) at least one offense involved the solicitation to commit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961.
"Designee of State’s Attorney" or "designee" means any attorney for a public authority who has received written permission from the State’s Attorney to file or join in a civil action authorized by this Act.
"Public authority" means any unit of local government or school district created or established under the Constitution or laws of this State.
"State’s Attorney" means the State’s Attorney of any county where an offense constituting a part of a course or pattern of gang-related criminal activity has occurred or has been committed.
"Streetgang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.
For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or conjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy’s existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act.
"Streetgang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity.
"Streetgang related" or "gang-related" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy-making person or authority, or by any agent, representative, or deputy of any such officer, person, or authority:
(1) with the intent to increase the gang’s size, membership, prestige, dominance, or control in any geographical area; or
(2) with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity, or pornography; or that involves robbery, burglary, or theft; or
(3) with the intent to exact revenge or retribution for the gang or any member of the gang; or
(4) with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or
(5) with the intent to otherwise directly or indirectly cause any benefit,
aggrandizement, gain, profit or other advantage whatsoever to or for the gang,
its reputation, influence, or membership.
(Source: P.A. 87-932; 88-467.)
(740 ILCS 147/15)
Sec. 15. Creation of Civil Cause of Action
(a) A civil cause of action is hereby created in favor of any public authority expending money, allocating or reallocating police, firefighting, emergency or other personnel or resources, or otherwise incurring any loss, deprivation, or injury, or sustaining any damage, impairment, or harm whatsoever, proximately caused by any course or pattern of criminal activity.
(b) The cause of action created by this Act shall lie against:
(1) any streetgang in whose name, for whose benefit, on whose behalf, or under whose direction the act was committed; and
(2) any gang officer or director who causes, orders, suggests, authorizes, consents to, agrees to, requests, acquiesces in, or ratifies any such act; and
(3) any gang member who, in the furtherance of or in connection with, any gang-related activity, commits any such act; and
(4) any gang officer, director, leader, or member.
(c) The cause of action authorized by this Act shall be brought by the State’s
Attorney or attorneys, or by his or their designees. This cause of action shall
be in addition to any other civil or criminal proceeding authorized by the laws
of this State or by federal law, and shall not be construed as requiring the
State’s Attorney or his designee to elect a civil, rather than criminal remedy,
or as replacing any other cause of action. Liability of the gang, its officers,
directors, leaders, and members shall be joint and severable subject only to
the apportionment and allocation of punitive damage authorized under Section
35 of this Act.
(Source: P.A. 87-932.)
(740 ILCS 147/20)
Sec. 20. Commencement of Action
(a) An action may be commenced under this Act by the filing of a verified complaint as in civil cases.
(b) A complaint filed under this Act, and all other ancillary or collateral matters arising therefrom, including matter relating to discovery, motions, trial, and the perfection or execution of judgments shall be subject to the Code of Civil Procedure, except as may be otherwise provided in this Act, or except as the court may otherwise order upon motion of the State’s Attorney or his designee in matters relating to immunity or the physical safety of witnesses.
(c) The complaint shall name each complaining State’s Attorney or his designee, and the public authority represented by him or by them.
(d) The complaint shall also name as defendants the gang, all known gang officers, and any gang members specifically identified or alleged in the complaint as having participated in a course or pattern of gang-related criminal activity. The complaint may also name, as a class of defendants, all unknown gang members.
(e) When, at any point prior to trial, other specific gang officers or members
become known, the complaint may be amended to include any such person as a named
defendant.
(Source: P.A. 87-932.)
(740 ILCS 147/25)
Sec. 25. Venue
(a) In an action brought under this Act, venue shall lie in any county where an act charged in the complaint as part of a course or pattern of gang-related criminal activity was committed.
(b) It shall not be necessary for all offenses necessary to establishing a course or pattern of criminal activity to have occurred in any one county where the State’s Attorneys of several counties, or their designees, each complaining of any offense, elected to join in a complaint. In such instance, it shall be sufficient that the complaint, taken as a whole, alleges a course or pattern of gang-related criminal activity, and each count of any such joint complaint shall be considered as cumulative to other counts for purposes of alleging or demonstrating such a course or pattern of activity.
(c) Where a course or pattern of activity is alleged to have been committed
or to have occurred in more than one county, the State’s Attorney of each such
county, or their designees, may join their several causes of action in a single
complaint, which may be filed in any such county agreed to by or among them,
but no such joinder shall be had without the consent of the State’s Attorney
having jurisdiction over each offense alleged as part of the course or pattern
of activity.
(Source: P.A. 87-932.)
(740 ILCS 147/30)
Sec. 30. Service of Process
(a) All streetgangs and streetgang members engaged in a course or pattern of gang-related criminal activity within this State impliedly consent to service of process upon them as set forth in this Section, or as may be otherwise authorized by the Code of Civil Procedure.
(b) Service of process upon a streetgang may be had by leaving a copy of the complaint and summons directed to any officer of such gang, commanding the gang to appear and answer the complaint or otherwise plead at a time and place certain:
(1) with any gang officer; or
(2) with any individual member of the gang simultaneously named therein; or
(3) in the manner provided for service upon a voluntary unincorporated association in a civil action; or
(4) in the manner provided for service by publication in a civil action; or
(5) with any parent, legal guardian, or legal custodian of any persons charged with a gang-related offense when any person sued civilly under this Act is under 18 years of age and is also charged criminally or as a delinquent minor; or
(6) with the director of any agency or department of this State who is the legal guardian, guardianship administrator, or custodian of any person sued under this Act; or
(7) with the probation or parole officer of any person sued under this Act; or
(8) with such other person or agent as the court may, upon petition of the State’s Attorney or his designee, authorize as appropriate and reasonable under all of the circumstances.
(c) If after being summoned a streetgang does not appear, the court shall enter an answer for the streetgang neither affirming nor denying the allegations of the complaint but demanding strict proof thereof, and proceed to trial and judgment without further process.
(d) When any person is named as a defendant streetgang member in any complaint, or subsequently becomes known and is added or joined as a named defendant, service of process may be had as authorized or provided for in the Code of Civil Procedure for service of process in a civil case.
(e) Unknown gang members may be sued as a class and designated as such in the
caption of any complaint filed under this Act. Service of process upon unknown
members may be made in the manner prescribed for provision of notice to members
of a class in a class action, or as the court may direct for providing the best
service and notice practicable under the circumstances which shall include individual,
personal, or other service upon all members who can be identified and located
through reasonable effort.
(Source: P.A. 87-932.)
(740 ILCS 147/35)
Sec. 35. Injunctive Relief, Damages, Costs, and Fees
(a) In any action brought under this Act, and upon the verified application of the State’s Attorney or his designee, the circuit court may at any time enter such restraining orders, injunctions, or other prohibitions, or order such other relief as it deems proper, including but not limited to ordering any person to divest himself of any involvement or interest, direct or indirect, in any illegal streetgang activity and imposing other reasonable restrictions on the future illegal activities of any defendant.
(b) A final judgement in favor of a public authority under this Act shall entitle
it to recover compensatory damages for all damages, losses, impairments, or
other harm proximately caused, together with the costs of the suit and reasonable
attorneys’ fees. Punitive damages may be assessed against any streetgang, against
any streetgang officer or member found guilty of actual participation in or
to be legally accountable for a course or pattern of criminal activity under
this Act.
(Source: P.A. 87-932.)
(740 ILCS 147/40)
Sec. 40. Contraband
(a) The following are declared to be contraband and no person shall have a property interest in them:
(1) any property that is directly or indirectly used or intended for use in any manner to facilitate streetgang related activity; and
(2) any property constituting or derived from gross profits or other proceeds obtained from streetgang related activity.
(b) Within 60 days of the date of the seizure of contraband under this Section,
the State’s Attorney shall initiate forfeiture proceedings as provided in Article
36 of the Criminal Code of 1961. An owner or person who has a lien on the property
may establish as a defense to the forfeiture of property that is subject to
forfeiture under this Section that the owner or lienholder had no knowledge
that the property was acquired through a pattern of streetgang related activity.
Property that is forfeited under this Section shall be disposed of as provided
in Article 36 of the Criminal Code of 1961 for the forfeiture of vehicles, vessels,
and aircraft. The proceeds of the disposition shall be paid to the Gang Violence
Victims and Witnesses Fund to be used to assist in the prosecution of gang crimes.
(Source: P.A. 91-876, eff. 1-1-01.)
(740 ILCS 147/45)
Sec. 45. Abatement as Public Nuisance
(a) Any real property that is erected, established, maintained, owned, leased, or used by any streetgang for the purpose of conducting streetgang related activity constitutes a public nuisance and may be abated as provided in Article 37 of the Criminal Code of 1961 relating to public nuisances.
(b) An action to abate a nuisance under this Section may be brought by the State’s Attorney of the county where the seizure occurred.
(c) Any person who is injured by reason of streetgang related activity shall
have a cause of action for 3 times the actual damages sustained and, if appropriate,
punitive damages; however, no cause of action shall arise under this subsection
(c) as a result of an otherwise legitimate commercial transaction between parties
to a contract or agreement for the sale of lawful goods or property or the sale
of securities regulated by the Illinois Securities Law of 1953 or by the federal
Securities and Exchange Commission. The person shall also recover reasonable
attorney’s fees, costs, and expenses.
(Source: P.A. 91-876, eff. 1-1-01.)
(720 ILCS 5/33-4)
Sec. 33-4. Peace Officer or Correctional Officer; Gang-Related
Activity Prohibited.
(a) It is unlawful for a peace officer or correctional officer to knowingly commit any act in furtherance of gang-related activities, except when acting in furtherance of an undercover law enforcement investigation.
(b) In this Section, "gang-related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90-131, eff. 1-1-98.)