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2004 SESSION

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SB 321 Gangs; definition, penalty upon conviction of criminal activity, forfeiture of property, etc.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Crimes by gangs; definitions; recruitment; three strikes; forfeiture; obstruction of justice; penalties. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill creates a Class 1 misdemeanor for a person of any age to recruit a person into a criminal street gang. Current law punishes an adult recruiting a minor as a Class 6 felony. The bill creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The bill makes a third or subsequent conviction within 10 years of prohibited criminal street gang participation and recruitment a Class 3 felony (five to 20 years). The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. The bill also amends the obstruction of justice statute to include gang-related crimes. The bill adds gang activity to the list of crimes that a multijurisdictional grand jury can investigate. This bill is identical to HB 569.

SUMMARY AS PASSED SENATE:

Crimes by gangs; definitions; recruitment; three strikes; forfeiture; obstruction of justice; penalties. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill expands the scope of the act by amending the definition of "predicate criminal act" to include additional offenses such as assault and battery by mob, reckless handling of firearms, allowing access to firearms by children, oral threats to school employees, sexual battery, stalking, distribution of drugs near schools, willful discharge of a firearm in a public place, brandishing a firearm in a public place, carrying a loaded firearm, carrying certain concealed weapons, possession of certain weapons on school property and participation in a riot.

The bill creates a Class 1 misdemeanor for a person of any age to recruit a person into a criminal street gang (current law punishes an adult recruiting a minor as a Class 6 felony). The bill creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The same crime by an adult against a juvenile is a Class 5 felony. The bill makes a third or subsequent conviction within 10 years of prohibited criminal street gang participation and recruitment a Class 3 felony (five to 20 years) with a mandatory minimum term of imprisonment of 10 years. The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. The bill also amends the obstruction of justice statute to include gang-related crimes. The bill adds gang activity to the list of crimes that a multijurisdictional grand jury can investigate.

SUMMARY AS INTRODUCED:

Crimes by gangs; definitions; recruitment; three strikes; forfeiture; obstruction of justice; penalties. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill eliminates the definition of "act of violence" and expands the scope of the act by amending the definition of "predicate criminal act" to include all felonies and additional misdemeanors such as assault and battery by mob, hazing of a student on school property, reckless handling of firearms, allowing access to firearms by children, oral threats to school employees, stalking, petit larceny, distribution of certain drugs to minors, willful discharge of a firearm in a public place, brandishing a firearm in a public place, carrying a loaded firearm, carrying certain concealed weapons, possession of certain weapons on school property, participation in a riot, unlawful assembly, and disorderly conduct. The bill creates a Class 1 misdemeanor to recruit a person into a criminal street gang and also creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The same crime against a juvenile is a Class 5 felony. The bill makes a third or subsequent conviction of sections prohibiting criminal street gang participation and recruitment a Class 3 felony (five to 20 years) with a mandatory minimum term of imprisonment of 10 years. The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. Finally, the bill increases from a Class 1 misdemeanor to a Class 6 felony the act of obstructing a judge, magistrate, justice, juror, witness, or any law-enforcement officer lawfully engaged in the discharge of his duty and the act of obstructing, by threats or force, such person lawfully engaged in the discharge of his duty. The bill also makes it a Class 5 felony to obstruct, by threats of bodily harm or force, such person lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate the prohibition against participating in a criminal street gang or the prohibition against recruiting juveniles to participate in a criminal street gang.