Vote Smart's Synopsis:

Vote to pass a bill that establishes a legal definition for criminal gang activity.

Highlights:

• Prohibits any person 18 years or older from conducting or participating in criminal gang activity (Sec. 3).

• Specifies that a crime committed in violation of this act is considered a separate offense from any underlying offense committee (Sec. 3).

• Specifies that if a person is convicted of criminal gang activity, the person will be punished by imprisonment for between 3 and 15 years, or by a fine of between $10,000 and $15,000, or both (Sec. 3).

• Defines “gang” as any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining of 3 or more persons with an established hierarchy that (Sec. 2):

• Has as one of its primary purposes as the commission of one or more criminal offenses that constitute criminal gang activity; and

• Through its membership or through the agency of any member, engages in criminal gang activity.

• Defines ‘criminal gang activity” as the commission, attempted commission, conspiracy to commit, or solicitation, coercion, encouragement, or intimidation of another person to commit an act that would constitute a criminal offense under state or federal law in furtherance of the gang’s purpose, with the intent (Sec. 2):

• To obtain or earn membership in a gang or maintain or increase the gang’s membership status or position in a gang; 

• To acquire, maintain, or possess proceeds derived for the activity or any interest in or control of any property including money; 

• To communicate a threat of injury or damage to another person with the intent to:

• Punish or retaliate against the person for providing statements to law enforcement or testimony against a gang, gang member, or associate on behalf of a government agency; 

• Intimidate, deter, or prevent the person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to a gang, gang member, or associate of a gang member of criminal gang activity; 

• Deter the person from assisting a member or associate of a gang to withdraw from such gang; or

• Punish or retaliate against the person for refusing to become or obtain the status of a member or associate of a gang, or encouraging another to so refuse; 

• To cause, encourage, solicit, recruit, or coerce another to become a member or associate of a gang or to commit a crime to become a member or associate of a gang; 

• To hide proceeds or evidence of criminal gang activity, or encourage, influence, solicit or coerce another to hide proceeds or evidence of criminal gang activity; or 

• To commit any felony or misdemeanor while an inmate in a prison facility or employed as a corrections officer for the purpose of criminal gang activity. 

• Classifies criminal gang activity as a crime of violence (Sec. 10).

Full Bill Text