Illinois Compiled Statutes 740 ILCS 147 Illinois Streetgang Terrorism Omnibus Prevention Act. Section 45

    (740 ILCS 147/45)

    Sec. 45. 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 nuisances.

    (b) An action to abate a nuisance under this Section may be brought by the State's Attorney of the county where the seizure occurred.

    (c) Any person who is injured by reason of streetgang related activity shall have a cause of action for 3 times the actual damages sustained and, if appropriate, punitive damages; however, no cause of action shall arise under this subsection (c) as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by the Illinois Securities Law of 1953 or by the federal Securities and Exchange Commission. The person shall also recover reasonable attorney's fees, costs, and expenses.

(Source: P.A. 97-1150, eff. 1-25-13.)

Sections:  Previous  1  5  10  15  20  25  30  35  40  45

Last modified: February 18, 2015