COMPLETE LAW ENFORCEMENT TRAINING
CONTENT AND PRACTICE QUESTIONS
◉ Streetgang member. Answer: any person who actually belongs to a
gang, and who knowingly acts in the capacity of an agent or
voluntarily associates himself with a course or pattern of gang-
related criminal activity
◉ Course or Pattern of Criminal Activity 740 ILCS 147/10. Answer:
2 or more gang-related criminal offenses committed 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
- also means one or more acts of criminal defacement of property if
the defacement includes a sign or other symbol intended to identify
the streetgang.
◉ Criminal street gang recruitment on school grounds or public
property adjacent to school grounds and criminal street gang
recruitment of a minor.. Answer: 1. When on school grounds or
,public property adjacent to school grounds, he or she knowingly
threatens the use of physical force to coerce, solicit, recruit, or
induce another person to join or remain a member of a criminal
street gang, or conspires to do so.
2. Criminal street gang recruitment of a minor when 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
street gang, or conspires to do so, whether or not such threat is
communicated in person, by means of the Internet, or by means of a
telecommunications device
CLASS 1 FELONY
◉ Unlawful Possession of a
Firearm by a Street Gang Member. Answer: (1) possesses or carries
on their person, a firearm or ammunition while on any street, road,
alley, gangway, sidewalk, or any other lands, except when inside his
or her own abode or inside his or her fixed place of business, and
has not been issued a currently valid FOID Card and is a member of a
gang
(2) possesses or carries in any vehicle a firearm and firearm
ammunition which are both immediately accessible at the time of
the offense while on any street, road, alley, or any other lands, except
when inside his or her own abode or garage, and has not been issued
a currently valid FOID Card and is a member of a gang.
CLASS 2 FELONY
,◉ Unlawful participation in street gang related activity. Answer:
Knowingly commits any act in furtherance of gang activity AFTER
having been
(1) Sentenced to probation, conditional discharge, or supervision for
a criminal offense with a condition of that sentence being to refrain
from direct or indirect contact with a street gang member or
member(s);
(2) Released on bond for any criminal offense with a condition of
that bond being to refrain from direct or indirect contact with a
street gang member or member(s);
(3) Ordered by a judge in any non-criminal proceeding to refrain
from direct or indirect contact with a street gang member or
member(s); or
(4) released from the Illinois Department of Corrections on a
condition of parole or mandatory supervised release that he or she
refrain from direct or indirect contact with a street gang member or
member(s)
CLASS A MISDEMEANOR
◉ Peace Officer or Correctional Officer; Gang related activity
prohibited 720 ILCS 5/33-4. Answer: 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.
CLASS 3 FELONY
, ◉ The People of the State of Illinois v Jose A. Becerra. Answer:
Aurora police officer Ron McNeff testified as an expert in gangs, gang
membership, and gang identification in Aurora. McNeff testified that
the Latin Kings' colors were black and gold or yellow. One could
become a member of a gang by being blessed in or beaten in.
According to McNeff, to be blessed in, one "would have to gain the
respect of a gang through a relative."
McNeff formed the opinion that defendant was a member of the
Latin Kings.
Latin King Andrew Bueno, Latin King Armando Delgado went on a
shooting spree and were charged. Christopher Contreras committed
a murder for the gang against a rival member.
McNeff testified that the opinion was based on, among other things,
gang contact information, defendant's admission that he had been
blessed into the Latin Kings, and his clothing when apprehended.
◉ 2019 IL People v Murray (Supreme Court). Answer: -The State
presented no evidence of the Latin Kings' involvement in specific
crimes as required by the Act. did not identify the Latin Kings'
commission of particular offenses on certain dates. Furthermore, the
State provided no other witnesses who testified to specific offenses
committed by the Latin Kings during the relevant time period that
would satisfy the statutory definition of a "streetgang."
-An essential element of proof to sustain a conviction cannot be
inferred but must be established.