Illinois 147/30. 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 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.
Illinois 147/35. 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 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.
(725 ILCS 172/5-1)
(Section scheduled to be repealed July 1, 2004)
Sec. 5-1. Short title. This Article may be cited as the Gang Crime Witness Protection Act, and references in this Article to "this Act" mean this Article.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-5)
(Section scheduled to be repealed on July 1, 2004)
Sec. 5-5. Definition. 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 when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-10)
(Section scheduled to be repealed on July 1, 2004)
Sec. 5-10. Pilot program. 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.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-15)
(Section scheduled to be repealed July 1, 2004)
Sec. 5-15. Funding. 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.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-20)
(Section scheduled to be repealed July 1, 2004)
Sec. 5-20. Gang Crime Witness Protection Fund. 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.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-25)
(Section scheduled to be repealed July 1, 2004)
Sec. 5-25. Period of operation. The pilot program created by this Act shall begin operation on July 1, 1996 and shall continue through June 30, 1998. The Illinois Criminal Justice Information Authority shall undertake a complete evaluation of the first 12 months of the program's operation, and shall report to the General Assembly on the effectiveness and necessity of the program no later than December 31, 1997.
(Source: P.A. 91-42, eff. 6-30-99.)
(725 ILCS 172/5-30)
(Section scheduled to be repealed on July 1, 2004)
Sec. 5-30. Repeal. This Act is repealed on July 1, 2004.
(Source: P.A. 90-795, eff. 8-14-98; 91-42, eff. 6-30-99.)
(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.)
