Gang-Related Legislation by State Index

Colorado

Curfew (view all states for this subject)

Colorado § 30-15-401. General Regulations

(1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which are described in the following enumerated powers:

(d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this paragraph (d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this paragraph (d.5), "juvenile" means a juvenile as defined in section 19-2-103 (10), C.R.S., and "graffiti implement" means an aerosol paint container, a broad-tipped marker, a gum label, a paint stick or graffiti stick, or etching equipment.

Drive-By Shooting (view all states for this subject)

Colorado § 16-13-301. Definitions

As used in this part 3, unless the context otherwise requires:

(2.2) "Drive-by crime" means a first degree assault as defined in section 18-3-202, C.R.S., second degree assault as defined in section 18-3-203, C.R.S., attempted first degree or second degree assault, felony menacing as defined in section 18-3-206, C.R.S., or illegal discharge of a firearm as defined in section 18-12-107.5, C.R.S., any of which is committed while utilizing a vehicle for means of concealment or transportation.

Colorado § 16-13-303. Class 1 Public Nuisance

(1) Every building or part of a building including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property shall be deemed a Class 1 public nuisance when:

(l) Used in committing a drive-by crime, as defined in Section 16-13-301 (2.2).

Colorado § 18-12-107.5. Illegal Discharge of a Firearm; Penalty

(1) Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.

(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as defined in section 16-2.5-101, C.R.S. acting within the scope of such officer’s authority and in the performance of such officer’s duties.

(3) Illegal discharge of a firearm is a class 5 felony.

Gang Databases (view all states for this subject)

Colorado § 24-33.5-412. Functions of Bureau--Legislative Review

(i) To develop and maintain a computerized database for tracking gangs and gang members both within the state and among the various states;

Gang Prevention (view all states for this subject)

Colorado § 22-25-104.5. Law-Related Education Program—Creation

(1) (a) There is hereby created, within the Colorado Department of Education Prevention Initiatives Unit, the Colorado Law-Related Education Program for the purpose of promoting behavior which will reduce the incidence of gang or other antisocial behavior and substance abuse by students in the public schools through education.

(b) Under the program, each school district in the state is strongly encouraged to implement a law-related education program pursuant to the requirements of this article, which program shall specifically address the development of resistance to antisocial gang behavior and substance abuse without compromising academics.

(2) (a) A law-related education program implemented by a school district may be designed to promote responsible citizenship and reduce antisocial behavior without compromising academics. Specific grade levels should be determined by school districts based on local curricular frameworks and review of what is known about existing and promising programs. All topics addressed in such law-related education programs shall be taught in a manner which is appropriate for the ages of the students to be instructed.

(b) The topics for instruction in a law-related education program implemented by a school district shall include instruction on the United States Constitution and the Declaration of Independence and may include, but need not be limited to, the following:

(I) The rights and responsibilities of citizenship;

(II) The foundations and principles of American constitutional democracy;

(III) The role of law in American society;

(IV) The organization and purpose of legal and political systems;

(V) The disposition to abide by law;

(VI) The opportunities for responsible participation;

(VII) The alternative dispute resolution approach including mediation and conflict resolution.

(c) (Deleted by amendment, L. 2000, p. 372, Section 25, effective April 10, 2000.)

(3) and (4) (Deleted by amendment, L. 99, p. 106, Section 1, effective March 24, 1999.)

(5) (a) The state board shall promulgate guidelines to provide grants to and to assist school districts in the implementation of effective, comprehensive law-related education programs addressing gang awareness and substance abuse resistance. Such guidelines shall include, but shall not be limited to, the following:

(I) Suggested topics for instruction;

(II) Suggested texts and other instructional materials; and

(III) The necessary training for instructors.

(b) The state board shall make such guidelines available to all school districts for use in implementing law-related education programs.

(c) The Department of Education, through the coordinator and staff of the Prevention Initiatives Unit, shall be responsible for implementation, monitoring, and administration of the program and shall maintain certifications and records and act as a statewide clearinghouse for information and assistance for the school district law-related education programs.

(6) (a) All school districts are encouraged to create programs for the training of instructors and administrators in gang awareness and substance abuse resistance education in order to provide effective instruction to students concerning the dangers of gang involvement and substance abuse by the students in the school district.

(b) Upon the request of school district officials, the state board shall assist school district officials in the preparation of plans for the creation by school districts of training programs for instructors and administrators in gang awareness and substance abuse resistance education.

(7) (a) Each school district may prepare an annual report concerning the progress of the school district in implementing a law-related education program. Such report shall be filed with the state board on or before October 1, 1996, and on or before October 1 of each year thereafter.

(b) Each annual report of a school district prepared pursuant to paragraph (a) of this Subsection (7) shall include, but shall not be limited to, an analysis by school district officials of the effect of the law-related education program on the incidence of gang involvement and substance abuse by the students in the school district.

Gang Prosecution (view all states for this subject)

Colorado § 16-21-103. Information on Offenders Required; Duties of Law Enforcement Agencies; Court

(2) (a) A law enforcement agency that requests the filing of any criminal case shall submit to the district attorney the arresting agency’s name, the offender’s full name and date of birth, the charge or charges being requested, the investigating agency’s case number, and the date of arrest and the arrest number. In addition, the law enforcement agency shall submit to the district attorney any relevant information about the offender’s affiliation or association with gangs or gang activities.

Gang Recruitment, Threats, Intimidation (view all states for this subject)

Colorado § 18-23-101. Definitions

As used in this article, unless the context otherwise requires:

(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal:

(a) Which has as one of its primary objectives or activities the commission of one or more predicate criminal acts; and

(b) Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) "Pattern of criminal gang activity" means the commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.

(3) "Predicate criminal acts" means the commission of or attempt, conspiracy, or solicitation to commit any of the following:

(a) Any conduct defined as racketeering activity in section 18-17-103 (5);

(b) Any violation of section 18-8-706 or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would violate section 18-8-706.

Gang-Related Definitions (view all states for this subject)

Colorado § 18-23-101. Definitions

As used in this article, unless the context otherwise requires:

(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal:

(a) Which has as one of its primary objectives or activities the commission of one or more predicate criminal acts; and

(b) Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) "Pattern of criminal gang activity" means the commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.

(3) "Predicate criminal acts" means the commission of or attempt, conspiracy, or solicitation to commit any of the following:

(a) Any conduct defined as racketeering activity in section 18-17-103 (5);

(b) Any violation of section 18-8-706 or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would violate section 18-8-706.

Colorado § 18-23-102. Recruitment of Juveniles for a Criminal Street Gang

(1) A person commits recruitment of a juvenile for a criminal street gang if he or she is eighteen years of age or older and:

(a) Knowingly solicits, invites, recruits, encourages, coerces, or otherwise causes a person younger than eighteen years of age to actively participate in or become a member of a criminal street gang; or

(b) By use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, knowingly prevents a person younger than eighteen years of age from leaving a criminal street gang.

(2) Recruitment of a juvenile for a criminal street gang is a class 1 misdemeanor.

(3) Nothing in this section shall affect the ability to charge criminal offenses under article 17 of this title.

Colorado § 19-1-103. Definitions

As used in this title or in the specified portion of this title, unless the context otherwise requires:

(52) "Gang", as used in sections 19-2-205 and 19-2-508, means a group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually.

Colorado § 22-25-103. Definitions.

As used in this article, unless the context otherwise requires:

(3.5) "Gang" means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct, engaged in either collectively or individually.

Gang-Related Findings and Declarations (view all states for this subject)

Colorado § 16-15.8-101. Legislative Declaration

(1) The general assembly hereby finds and declares that:

(d) The safe2tell program has a proven record of success in prevention and intervention in cases of threats to people or property, assaults, bullying, child abuse, substance abuse, cutting, suicide, gangs, weapons, internet safety, or other unsafe, potentially harmful, dangerous, violent, or criminal activities; and

Colorado § 22-25-102. Legislative Declaration.

(2) Since the enactment of this article, the general assembly has further determined that the insidious attractions of gangs and substance abuse are endangering the youth of Colorado and, by doing so, are endangering all Colorado citizens. Accordingly, the general assembly finds and declares that the implementation of educational programs in the public schools, including public schools, is necessary to assist young people in avoiding gang involvement and substance abuse.

Colorado § 24-33.5-415.3. Information on Gangs—Legislative Declaration

(1) The general assembly hereby finds and declares that:

(a) The proliferation of gangs and gang-related crimes is no longer merely a matter facing urban communities and has become a matter of statewide concern;

(b) Gang activity involves a multitude of crimes, and illegal drug use and drug-trafficking constitute common factors associated with all gang-related activities and in the continuing pattern of gang-related violence;

(c) While the primary responsibility for law enforcement rests with local police and sheriffs' departments, drugs and drug-related crimes and gang-related criminal activity resulting therefrom have placed an overwhelming burden on the existing resources of all law enforcement agencies, especially rural departments. Therefore, the state has an obligation to make additional support available to local law enforcement through increased assistance in the investigation of narcotics and dangerous drug law violations; expanded training of local officers to improve their ability to interdict the sale and use of drugs in their communities; increased ability to assist in seizing moneys and properties utilized in drug transactions; improved forensic laboratory capability for the quantification and qualitative analysis of narcotics and dangerous drugs; and enhanced capability to collect, analyze, and disseminate information on drug- and gang-related criminal activity

(d) In order to contain the spread of gang violence, the development of a computerized database tracking system is necessary to improve the consistency of data shared by the different law enforcement and judicial elements of the criminal justice system, both within the state and among various states confronted with similar gang violence.

(2) For the purposes of this section, unless the context otherwise requires, "gang" means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct.

(3) To aid in the identification and location of gangs and gang members and to prevent recruitment of new gang members from both the population in general and persons in the custody of the Department of Corrections and the Department of Human Services, the Colorado Bureau of Investigation shall develop and maintain a computerized database system which tracks the whereabouts of identified gang members. Such database shall be compiled from reports submitted to the bureau pursuant to Section 16-21-103, C.R.S. Such information shall include the following:

(a) The person's name, along with any aliases;

(b) The person's last-known address;

(c) The person's date of birth;

(d) The date of any arrest and the arrest numbers, the investigating agency's case number, the final disposition of any criminal case filed with a court, and the court number; and

(e) Any information relevant to the person's association or affiliation with a gang or with gang activities.

(4) The bureau shall make every reasonable effort to locate and cooperate with other such databases in the United States in order to track gangs and gang members involved in interstate activities.

Gangs and Correctional Facilities (view all states for this subject)

Colorado § 17-1-109. Duties and Functions of the Warden

(1) The warden of each correctional facility shall exercise the powers and perform the duties and functions assigned to the warden by this article under the supervision and control of the executive director or the executive director's designee.

(2) (a) The warden of each correctional facility should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any person who actively participates in disruptive security-threat group behavior, as defined in paragraph (b) of this subsection (2), so as to prevent contact with other inmates at such facility. The warden should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new security-threat group members from among the general inmate population. Association with an inmate gang or security-threat group alone shall not be sufficient to meet the requirements of this paragraph (a).

(b) For the purposes of this subsection (2), unless the context otherwise requires, "security-threat group" means a group of three or more individuals acting in concert or individually in an activity that is characterized by criminal conduct or conduct that violates the department’s code of penal discipline for the purpose of disrupting prison operations, recruiting new members, damaging property, or inflicting or threatening to inflict harm to employees, contract workers, volunteers, or other state inmates.

Colorado § 19-2-205. Facility Directors—Duties

(2) It is the duty of the director of each facility established by section 19-2-403 and sections 19-2-406 to 19-2-408:

(d) To take such measures as are necessary to prevent recruitment of new gang members from among the juveniles committed to the custody of the department of human services.

Colorado § 19-2-508. Detention and Shelter; Hearing; Time Limits; Confinement With Adult Offenders; Restrictions

(4)(e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), "gang" is defined in section 19-1-103 (52).

Gangs and Schools (view all states for this subject)

Colorado § 22-1-120. Rights of Free Expression for Public School Students

(8) Nothing in this section shall be construed to limit the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, the definition of “gang” shall be the definition found in section 19-1-103(52), C.R.S.

Graffiti (view all states for this subject)

Colorado § 30-15-401. General Regulations

(1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which are described in the following enumerated powers:

(d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this paragraph (d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this paragraph (d.5), "juvenile" means a juvenile as defined in section 19-2-103 (10), C.R.S., and "graffiti implement" means an aerosol paint container, a broad-tipped marker, a gum label, a paint stick or graffiti stick, or etching equipment.

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Colorado § 16-13-303. Class 1 Public Nuisance

(1) Every building or part of a building including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property shall be deemed a Class 1 public nuisance when:

(l) Used in committing a drive-by crime, as defined in Section 16-13-301 (2.2).


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