Local authorities rounded up 140 citizens, including 95 known gang members, and charged them with various gang-related criminal offenses; all but six of these individuals face possible incarceration.
In addition to the arrests, police seized $7,000 in cash, an unspecified quantity of drugs, and twenty-three firearms. At a press conference, Chicago Police Department Superintendent Eddie Johnson said the department focused its efforts on the West Side during the sweep. Eight arrestees were eligible for a pretrial diversion program because they were “older people who are not public safety risks,” according to Ruth Coffman at the University of Chicago Health Lab. Officials are hopeful that arresting gang members will help stem the rising tide of gun-related violence in the city, while directing nonviolent arrestees to drug treatment programs will reduce the number of overdose deaths.
Every year, there are about 200 overdose deaths in Chicago. This year, gun-related deaths are running at a 50% higher clip than normal; over just one May weekend, five people were killed and thirty-four wounded.
Street Gang Law in Illinois
In 2012, state lawmakers passed the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. About a generation ago, the federal RICO act altered the way that officials charged and prosecuted reputed mob bosses and others accused of involvement in so-called “organized crime.” The street gang RICO act basically allows state prosecutors to add conspiracy charges to a wide array of offenses that involve a “predicate activity.” Some of these offenses include:
- First-degree murder,
- Drug-induced homicide,
- Kidnapping,
- Promotion of prostitution,
- Burglary of a vehicle, and
- Most drug offenses.
In most cases, three or more of these offenses is a “pattern of predicate activity” that allows prosecutors to add conspiracy charges.
A street gang RICO conspiracy charge is a Class X felony, which carries a maximum 30 years in prison and a $250,000 fine. Additionally, pursuant to Section 33G-6, the State’s Attorney may initiate forfeiture-like proceedings “to disgorge illicit proceeds obtained by a violation of this Article” and “impos[e] reasonable restrictions on the future activities or investments of any person or enterprise.” Labor unions and certain other groups are immune from prosecution under the street gang RICO law, but the measure obviously gives police and prosecutors a great deal of power.
State RICO laws have been criticized by some as racially biased, because many street gangs, especially in Chicago, have predominantly Black and Hispanic memberships. Moreover, due to the size of some gangs, affiliates in one part of the city may have no knowledge of the goings-on in another part of the city, yet the RICO law essentially creates additional criminal liability without knowledge of prior criminal activity.
The street gang RICO law has a sunset provision, meaning that it automatically expires in June 2017 unless the Legislature affirmatively preserves or modifies it.
Partner with Assertive Attorneys
Allegations of gang activity often result in enhanced charges. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson. We routinely handle criminal cases throughout Chicagoland.
(photo courtesy of Anita Troy)