Short title
Short title. This Article may be cited as the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 87-932.)
Illinois · statute · 740 ILCS 147 · 10 active provisions
Short title. This Article may be cited as the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 87-932.)
Legislative findings. (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 indivi…
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…
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…
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…
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 oc…
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…
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…
Forfeiture. (a) The following are subject to seizure and forfeiture: (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 activi…
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 2012 relating to public nuisa…