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Illinois Statutes Chapter 740. Civil Liabilities § 147/15. Creation of civil cause of action

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 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.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 740. Civil Liabilities § 147/15. Creation of civil cause of action - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-147-15/

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