(a) A person commits the crime of murder in the second degree if
(4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
G. In a hearing pursuant to subsection D of this section, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.
This chapter shall be known and may be cited as the "California Street Terrorism Enforcement and Prevention Act."
Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to gangs and gang violence. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.
(a) Any person described in subdivision (b) shall register with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area, within 10 days of release from custody or within 10 days of his or her arrival in any city, county, or city and county to reside there, whichever occurs first. (b) Subdivision (a) shall apply to any person convicted in a criminal court or who has had a petition sustained in a juvenile court in this state for any of the following offenses:
(1) Subdivision (a) of Section 186.22.
(2) Any crime where the enhancement specified in subdivision (b) of Section 186.22 is found to be true.
(3) Any crime that the court finds is gang related at the time of sentencing or disposition.
(a) The registration required by Section 186.30 shall consist of the following:
(1) Juvenile registration shall include the following:
(A) The juvenile shall appear at the law enforcement agency with a parent or guardian.
(B) The law enforcement agency shall serve the juvenile and the parent with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the juvenile belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22.
(C) A written statement signed by the juvenile, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the juvenile shall be submitted to the law enforcement agency.
(2) Adult registration shall include the following:
(A) The adult shall appear at the law enforcement agency.
(B) The law enforcement agency shall serve the adult with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the adult belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22.
(C) A written statement, signed by the adult, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the adult shall be submitted to the law enforcement agency.
(b) Within 10 days of changing his or her residence address, any person subject to Section 186.30 shall inform, in writing, the law enforcement agency with whom he or she last registered of his or her new address. If his or her new residence address is located within the jurisdiction of a law enforcement agency other than the agency where he or she last registered, he or she shall register with the new law enforcement agency, in writing, within 10 days of the change of residence.
(c) All registration requirements set forth in this article shall terminate five years after the last imposition of a registration requirement pursuant to Section 186.30.
(d) The statements, photographs and fingerprints required under this section shall not be open to inspection by any person other than a regularly employed peace or other law enforcement officer.
(e) Nothing in this section or Section 186.30 or 186.31 shall preclude a court in its discretion from imposing the registration requirements as set forth in those sections in a gang-related crime.
(a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to Section 186.30 and is subsequently convicted of, or any person for whom a petition is subsequently sustained for a violation of, any of the offenses specified in Section 186.30, shall be punished by an additional term of imprisonment pursuant to subdivision (h) of Section 1170 in the state prison for 16 months, or 2, or 3 years. The court shall select the sentence enhancement which, in the court’s discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of sentencing in accordance with the provisions of subdivision (d) of Section 1170.1
(2) The existence of any fact bringing a person under this subdivision shall be alleged in the information, indictment, or petition, and be either admitted by the defendant or minor in open court, or found to be true or not true by the trier of fact.
This chapter shall be known and may be cited as the California Gang, Crime, and Violence Prevention Partnership Program.
(a) The Chief State's Attorney shall establish a racketeering and continuing criminal activities unit within the Division of Criminal Justice. Such unit shall be available for the investigation and prosecution of criminal matters including, but not limited to, the illegal purchase and sale of controlled substances, criminal activity by gangs, fraud, corruption, illegal gambling, and the recruitment of persons to carry out such illegal activities.
(a) By December 31, 2009, the Mayor shall create a Gang and Crew Intervention Joint Working Group ("Joint Working Group") consisting of members of the Executive Committee of the Citywide Coordinating Council for Youth Violence Prevention ("CCCYVP") and the core Focused Improvement Area ("FIA") team, to include the Metropolitan Police Department ("MPD"), the Office of the City Administrator, and other agencies as identified by the Office of the Mayor.
(b) The Joint Working Group shall develop a coordinated response to high-profile youth violence through the following measures:
(1) Assess critical incident ("CI") need and capacity by:
(A) Identifying and mapping all CIs involving youth over the past 6 months;
(B) Determining what portion of these incidents generated a CI response from CCCYVP partners; and
(C) Evaluating the current capacity of community-based organizations funded by the District (through both the CCCYVP and Children's Youth Investment Trust) for violence intervention to respond to CIs;
(2) Endeavor to align existing resources to respond to critical incidents by:
(A) Developing a plan to align all violence intervention initiatives funded in fiscal year 2010, regardless of funding source, into a coordinated CI strategy, to include proposals to modify contracts, as necessary;
(B) Assuring that CI resources are targeted to gang and crew "hot spots" and those neighborhoods experiencing the highest rates of youth violence; and
(C) Clarifying the geographic areas that each intervention service partner is or will be covering;
(3) Coordinate existing resources to respond to critical incidents by:
(A) Developing protocols for the immediate engagement of intervention partners by MPD when critical incidents occur;
(B) Assuring that Department of Parks and Recreation Roving Leaders in targeted neighborhoods are a part of the CI teams; and
(C) Engaging staff and School Resource Officers of middle and high schools in targeted neighborhoods in the CI process, as appropriate;
(4) Identify targeted youth by:
(A) Identifying existing and emerging conflicts between gangs and crews based on MPD's Gang Intelligence Fusion Unit, MPD Division officers, and street intelligence from community partners and schools;
(B) In partnership with schools and community partners, identifying the youth most immediately at risk of involvement in violent behavior in targeted neighborhoods;
(C) Establishing and implementing a process to review unsolved violent offenses for possible gang and crew involvement; provided, that MPD shall review all unsolved suspected gang or crew homicides and attempted homicides involving minors or young adults within the last 5 years, to determine which may be connected to gang and crew violence, and deploy resources to close these cases quickly; and
(D) Partnering with Department of Youth Rehabilitation Services and Court Social Services prior to a youth's release from detention to ensure youth and community safety are carefully planned for, including access to robust post-detention services; and
(5) Intervene with targeted youth by:
(A) Developing protocols for CIs that outline the necessary steps when responding to violent incidents involving youth, including the development of containment and de-escalation strategies that are incident-specific and designed to prevent acts of retaliation; provided, that:
(i) The protocols shall address:
(I) What information is shared;
(II) The roles and responsibilities of all parties in responding to violent incidents;
(III) Guidelines for street mediation, truces, and rumor control; and
(IV) Engagement of family members and others significant in the lives of both perpetrators and victims; and
(ii) Standards for individualized diversion plans for involved youth shall be developed that engage schools, government agencies, recreation centers, and other community-based resources;
(B) Establishing core components of an individual intervention and diversion plan, including direct outreach to all involved parties (both of the victim and alleged perpetrator), and engagement of families, schools, and community-based resources;
(C) Developing a proposal to provide flexible funds to resource these plans with the participation, as necessary, of agency personnel in review sessions and implementation; provided, that, when possible, any existing family team meeting processes at the Child and Family Services Agency and the Department of Youth Rehabilitation Services may be key elements of this process for youth involved with either of these agencies; and
(D) Identifying additional resources from agencies that should, where appropriate, be available to provide support for individual CI plans.
(c) By December 31, 2009, the Joint Working Group shall expand capacity of Critical Incident and Targeted Youth Outreach Teams through the following measures:
(1) Based on the CI capacity assessment, described in subsection (b) of this section, estimate what the current gap is between capacities and need;
(2) Assess the existing capacity of CCCYVP partners to provide targeted outreach to the highest-risk youth;
(3) Develop a plan to expand CI and targeted outreach that realistically reflects time necessary for recruitment and orientation of new staff; and
(4) Prepare a cost estimate for the short-term expansion plan, and a funding proposal for its implementation.
(a) It shall be unlawful for a person to congregate in a group of 2 or more persons in public space on public property within the perimeter of a drug free zone established pursuant to § 48-1002 and to fail to disperse after being instructed to disperse by a uniformed officer of the Police Department who reasonably believes the person is congregating for the purpose of participating in the use, purchase, or sale of illegal drugs.
(b) In making a determination that a person is congregating in a drug free zone for the purpose of participating in the use, purchase, or sale of illegal drugs, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:
(4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;
(1) As used in this section, the term "convicted" means, with respect to a person's felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the felony conviction is for an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the registrant shall identify himself or herself as such an offender. The Department of Law Enforcement, in consultation with appropriate local law enforcement agencies, may develop standardized practices for the inclusion of gang affiliation at the time of offender registration.
(3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2).
(4) This section does not apply to an offender:
(a) Who has had his or her civil rights restored;
(b) Who has received a full pardon for the offense for which convicted;
(c) Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision;
(d) Who is a parolee or probationer under the supervision of the United States Parole Commission if the commission knows of and consents to the presence of the offender in Florida or is a probationer under the supervision of any federal probation officer in the state or who has been lawfully discharged from such parole or probation;
(e) Who is a sexual predator and has registered as required under s. 775.21;
(f) Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; or
(g) Who is a career offender who has registered as required in s. 775.261 or s. 944.609.
(5) The failure of any such convicted felon to comply with this section:
(a) With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) With regard to any felon who has been found, pursuant to s. 874.04, to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Nothing in this section shall be construed to affect any law of this state relating to registration of criminals where the penalties for registration, notification, or reporting obligations are in addition to, or in excess of, those imposed by this section.
This chapter may be cited as the "Criminal Gang Prevention Act."
Nothing in this chapter shall prohibit the arrest and prosecution of a criminal gang member under chapter 876, chapter 895, chapter 896, s. 893.20, or any other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or constitutional provision.
As used in this chapter, the term:
(29) “Juvenile justice continuum” includes, but is not limited to, delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by criminal gangs, and juvenile arrests, as well as programs and services targeted at children who have committed delinquent acts, and children who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs; conditional release; substance abuse and mental health programs; educational and career programs; recreational programs; community services programs; community service work programs; mother-infant programs; and alternative dispute resolution programs serving children at risk of delinquency and their families, whether offered or delivered by state or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations.
(37) “Mother-infant program” means a residential program designed to serve the needs of juvenile mothers or expectant juvenile mothers who are committed as delinquents, which is operated or contracted by the department. A mother-infant program facility must be licensed as a child care facility under s. 402.308 and must provide the services and support necessary to enable each juvenile mother committed to the facility to provide for the needs of her infants who, upon agreement of the mother, may accompany them in the program.
This chapter shall be known and may be cited as the "Georgia Street Gang Terrorism and Prevention Act."
(2) Except as otherwise provided in this chapter:
(f)(4) For violations of Code Section 16-15-4, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and, in cases involving a victim, that the defendant shall not have contact of any kind or character with any such victim or any member of any such victim's family or household.
(a)(2) Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under the "Georgia Street Gang Terrorism and Prevention Act," the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Active probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles. As used in this paragraph, the term "active probation supervision" shall have the same meaning as the term "active supervision" as set forth in Code Section 42-1-1.
This chapter does not prevent any county, city, or other political subdivision from adopting and enforcing ordinances or resolutions consistent with this chapter relating to criminal gangs and criminal gang violations.
(a) The Department of State Police shall establish a pilot program from moneys available under which Cyber Gang Units shall be created in the Lake County Metropolitan Enforcement Group and Cook County Sheriff's Office. Under the pilot program for the operation of Cyber Gang Units, 50% shall be allocated to the Lake County Metropolitan Enforcement Group and 50% shall be allocated to the Cook County Sheriff's Office.
(b) Under the pilot program, the Cyber Gang Units shall investigate criminal activities of organized gangs that involve the use of the Internet. For the duration of the pilot program and in accordance with protocols for inter-jurisdictional cooperation established by the Department of State Police, peace officers in each Cyber Gang Unit shall, notwithstanding any other provision of law, have extra-jurisdictional authority to conduct investigations and make arrests anywhere in the State of Illinois regarding criminal activities of organized gangs that involve the use of the Internet.
(c) Notwithstanding any other provision of law, if any criminal statute of this State authorizes the distribution of all or a portion of the proceeds realized from property seized or forfeited under that statute to participating law enforcement agencies or the delivery of property forfeited and seized under that statute to participating law enforcement agencies, a law enforcement agency in which a Cyber Gang Unit has been created is eligible to receive such a distribution or delivery if that law enforcement agency participated through its Internet Gang Crime Unit, regardless of the jurisdiction in which the seizure or forfeiture occurs.
(d) The Lake County Metropolitan Enforcement Group and the Cook County Sheriff's Office shall report to the Department of State Police on a quarterly basis on the activities of their Cyber Gang Units in accordance with reporting guidelines established by the Department of State Police. The Department of State Police shall file a consolidated report on a quarterly basis with the General Assembly and the Governor. The Department's consolidated report may also contain any evaluations or recommendations that the Department deems appropriate.
(e) The pilot program shall terminate on July 1, 2012.
(f) As used in this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(A) Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following:
(2) Law enforcement officers and law enforcement agencies when such information is essential to executing an arrest or search warrant or other compulsory process, or to conducting an ongoing investigation or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, association, or group of three or more people, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol, or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(a) A person commits unlawful contact with streetgang members when he or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been:
(1) Sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members;
(2) Released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members;
(3) Ordered by a judge in any non-criminal proceeding to refrain from direct or indirect contact with a streetgang member or members; or
(4) Released from the Illinois Department of Corrections on a condition of parole or mandatory supervised release that he or she refrain from direct or indirect contact with a streetgang member or members.
(b) Unlawful contact with streetgang members is a Class A misdemeanor.
(c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 and the streetgang members are not engaged in any streetgang-related activity.
(a) It is unlawful for a peace officer or correctional officer to knowingly commit any act in furtherance of gang-related activities, except when acting in furtherance of an undercover law enforcement investigation.
(b) In this Section, "gang-related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
This Article may be cited as the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (or “RICO”).
The substantial harm inflicted on the people and economy of this State by pervasive violent street gangs and other forms of enterprise criminality, is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from that criminal activity and to be given adequate remedies to redress its harms. Whereas the current laws of this State provide inadequate remedies, procedures and punishments, the Illinois General Assembly hereby gives the supplemental remedies of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law full force and effect under law for the common good of this State and its people.
As used in this Article:
(e) “Predicate activity” means any act that is a Class 2 felony or higher and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois) or any act under the law of another jurisdiction for an offense that could be charged as a Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961: 8–1.2 (solicitation of murder for hire), 9–1 (first degree murder), 9–3.3 (drug-induced homicide), 10–1 (kidnapping), 10–2 (aggravated kidnapping), 10–3.1 (aggravated unlawful restraint), 10–4 (forcible detention), 10–5(b)(10) (child abduction), 10–9 (trafficking in persons, involuntary servitude, and related offenses), 11–1.20 (criminal sexual assault), 11–1.30 (aggravated criminal sexual assault), 11–1.40 (predatory criminal sexual assault of a child), 11–1.60 (aggravated criminal sexual abuse), 11–6 (indecent solicitation of a child), 11–6.5 (indecent solicitation of an adult), 11–14.3(a)(2)(A) and (a)(2)(B) (promoting prostitution), 11–14.4 (promoting juvenile prostitution), 11–18.1 (patronizing a minor engaged in prostitution; patronizing a juvenile prostitute), 12–3.05 (aggravated battery), 12–6.4 (criminal street gang recruitment), 12–6.5 (compelling organization membership of persons), 12–7.3 (stalking), 12–7.4 (aggravated stalking), 12–7.5 (cyberstalking), 12–11 (home invasion), 12–11.1 (vehicular invasion), 18–1 (robbery), 18–2 (armed robbery), 18–3 (vehicular hijacking), 18–4 (aggravated vehicular hijacking), 18–5 (aggravated robbery), 19–1 (burglary), 19–3 (residential burglary), 20–1 (arson), 20–1.1 (aggravated arson), 20–1.2 (residential arson), 20–1.3 (place of worship arson), 24–1.2 (aggravated discharge of a firearm), 24–1.2–5 (aggravated discharge of a machine gun or silencer equipped firearm), 24–1.8 (unlawful possession of a firearm by a street gang member), 24–3.2 (unlawful discharge of firearm projectiles), 24–3.9 (aggravated possession of a stolen firearm), 24–3A (gunrunning), 26–5 (dog-fighting), 29D–14.9 (terrorism), 29D–15 (soliciting support for terrorism), 29D–15.1 (causing a catastrophe), 29D–15.2 (possession of a deadly substance), 29D–20 (making a terrorist threat), 29D–25 (falsely making a terrorist threat), 29D–29.9 (material support for terrorism), 29D–35 (hindering prosecution of terrorism), 31A–1.2 (unauthorized contraband in a penal institution), or 33A–3 (armed violence);
(2) under the Cannabis Control Act: Sections 5 (manufacture or delivery of cannabis), 5.1 (cannabis trafficking), or 8 (production or possession of cannabis plants), provided the offense either involves more than 500 grams of any substance containing cannabis or involves more than 50 cannabis sativa plants;
(3) under the Illinois Controlled Substances Act: Sections 401 (manufacture or delivery of a controlled substance), 401.1 (controlled substance trafficking), 405 (calculated criminal drug conspiracy), or 405.2 (street gang criminal drug conspiracy); or
(4) under the Methamphetamine Control and Community Protection Act: Sections 15 (methamphetamine manufacturing), or 55 (methamphetamine delivery).
(For postponed repeal of this Act, see 725 ILCS 172/5-30) This Article may be cited as the Gang Crime Witness Protection Act, and references in this Article to "this Act" mean this Article. (For postponed repeal of this Act, see 725 ILCS 172/5-30) The Department of State Police shall establish and administer a pilot program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Fund and appropriated from that Fund for the purposes of this Act.
This Act is repealed on July 1, 2012.
(a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following information:
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family relationships;
(12) any grievances filed and responses to those grievances; and
(13) other information that the respective Department determines is relevant to the secure confinement and rehabilitation of the committed person.
This Article may be cited as the Illinois Streetgang Terrorism Omnibus Prevention Act.
(a) The following are declared to be contraband and no person shall have a property interest in them:
(1) any property that is directly or indirectly used or intended for use in any manner to facilitate streetgang related activity; and
(2) any property constituting or derived from gross profits or other proceeds obtained from streetgang related activity.
(b) Within 60 days of the date of the seizure of contraband under this Section, the State’s Attorney shall initiate forfeiture proceedings as provided in Article 36 of the Criminal Code of 1961. An owner or person who has a lien on the property may establish as a defense to the forfeiture of property that is subject to forfeiture under this Section that the owner or lienholder had no knowledge that the property was acquired through a pattern of streetgang related activity. Property that is forfeited under this Section shall be disposed of as provided in Article 36 of the Criminal Code of 1961 for the forfeiture of vehicles, vessels, and aircraft. The proceeds of the disposition shall be paid to the Gang Violence Victims and Witnesses Fund to be used to assist in the prosecution of gang crimes.
“Community restitution or service” means performance of services directly for a:
(2) nonprofit entity; or
(3) governmental entity;
without compensation, including graffiti abatement, park maintenance, and other community service activities. The term does not include the reimbursement under IC 35–50–5–3 or another law of damages or expenses incurred by a victim or another person as the result of a violation of law.
(a) “Criminal gang”, for purposes of IC 35–45–9, has the meaning set forth in IC 35–45–9–1.
(b) “Criminal gang”, for purposes of IC 35–50–2–15, has the meaning set forth in IC 35–50–2–1.4.
This Chapter shall be known and may be cited as the "Louisiana Street Terrorism Enforcement and Prevention Act."
When a person is released from the custody of the Department of Public Safety and Corrections, and that person was in the custody of the department for conviction of a violation of the provisions of this Chapter, or the department knows that the person is or was a member of a criminal street gang, the department shall transmit notice of the release of that person to the sheriff of the parish in which the crime was committed and the sheriff of the parish in which that person will reside upon release. If the crime was committed in a municipality, or if that person will reside in a municipality upon release, that department shall transmit the same notice to the chiefs of police of those municipalities.
Nothing in this Chapter shall prevent the governing authority of a local governmental subdivision from adopting and enforcing ordinances consistent with this Chapter relating to gangs and gang violence. When local ordinances duplicate or supplement this Chapter, this Chapter shall be construed as providing alternative remedies and not as preempting the field.
(3) If the state imposes a wagering tax under Subsection (1) equal to 18% of adjusted gross receipts, money in the state casino gaming fund that is not from a tax imposed under Subsections (5) to (8) shall be allocated as follows:
(a) 55% to the city in which a casino is located for use in connection with the following:
(iv) Antigang and youth development programs.
Sec. 26. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall change the terms "county attorney" and "prosecutor" to "prosecuting authority" wherever they appear in Minnesota Statutes, sections 609.531 to 609.5318. The revisor shall also make grammatical changes related to the changes in terms.
(b) Paragraph (a) does not apply to references to "Minnesota County Attorneys Association" in Minnesota Statutes, section 609.531, subdivision 8.
Subdivision 1. Coordinating council established.
The Violent Crime Coordinating Council is established to provide guidance related to the investigation and prosecution of gang and drug crime. For the purposes of this section, "gang and drug crime" includes violent crimes associated with gang activity.
Subd. 2. Membership.
(a) The coordinating council shall consist of the following individuals or their designees:
(1) the director of the Office of Special Investigations as the representative of the commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension as the representative of the commissioner of public safety;
(3) the attorney general;
(4) four chiefs of police, selected by the Minnesota Chiefs of Police Association, of which one must be employed by the city of Minneapolis, one must be employed by the city of St. Paul, one must be employed by a municipality located in the seven-county metropolitan area excluding Minneapolis and St. Paul, and one must be employed in greater Minnesota;
(5) four sheriffs, selected by the Minnesota Sheriffs' Association, of which, one must work in Hennepin County, one must work in Ramsey County, one must work in Anoka, Carver, Dakota, Scott, or Washington County, and one must work in greater Minnesota;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association, one who must work in the seven-county metropolitan area and one who must work in greater Minnesota;
(8) four citizen members appointed by the commissioner of public safety in consultation with representatives from the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226; and
(9) a tribal peace officer, selected by the commissioner of public safety, in consultation with the Minnesota Indian Affairs Council.
(b) The coordinating council shall adopt procedures to govern its conduct as necessary and shall select a chair from among its members. The chair shall serve a two-year term and the appointment of the chair shall alternate between a person who works in greater Minnesota and a person who works in the seven-county metropolitan area.
Subd. 3. Coordinating council's duties.
The coordinating council shall develop an overall strategy to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota. Additionally, the coordinating council shall:
(1) subject to approval by the commissioner of public safety, develop an operating procedures and policies manual to investigate gang and drug crime in a multijurisdictional manner;
(2) identify and recommend a candidate or candidates for statewide coordinator to the commissioner of public safety;
(3) assist the Department of Public Safety in developing grant eligibility criteria and operating an objective and conflict-free grant review application process;
(4) make recommendations to the commissioner of public safety to terminate grant funding for multijurisdictional entities if an entity no longer operates in accordance with subdivision 4, or no longer functions in a manner consistent with the best interests of the state or public;
(5) assist in developing a process to collect and share information to improve the investigation and prosecution of gang and drug offenses;
(6) develop and approve an operational budget for the coordinating council;
(7) develop policies that prohibit the improper use of personal characteristics such as race, color, national origin, gender, or religion to target individuals for law enforcement action, prosecution, or forfeiture action; and
(8) subject to approval by the commissioner of public safety, adopt narrowly tailored, objective criteria and identifying characteristics for use in determining whether individuals are or may be members of gangs involved in criminal activity. The council shall review and update the criteria and characteristics adopted under this clause every two years with the objective to ensure effectiveness and relevance to the accurate identification of subjects actively involved in criminal gang activity. As part of its review process, the council shall obtain input from members of communities that are impacted by criminal gang activity. Before adopting any changes under this clause, the council must submit its recommendations to the commissioner of public safety for approval.
Subd. 4. Duties and authority of commissioner.
(a) The commissioner of public safety shall certify multijurisdictional entities, and their designated fiscal agents, that are established pursuant to this section to combat gang and drug crime and receive grant funding under subdivision 9. To certify an entity and its designated fiscal agent, the commissioner shall require that a multijurisdictional entity:
(1) be subject to the operational command and supervision of one of the participating agencies;
(2) be subject to a biennial operational and financial audit contracted out to an external organization not associated with the multijurisdictional entity and designed to ensure that the entity and its designated fiscal agent are in compliance with applicable legal requirements, proper law enforcement standards and practices, and effective financial controls;
(3) have adequate staffing and funding to support law enforcement, prosecutorial, and financial operations, including bookkeeping, evidence handling, and inventory recording; and
(4) be subject to any other conditions the commissioner deems necessary to carry out the purposes of this section.
The commissioner may use grant funds authorized under subdivision 9 to pay for costs incurred in conducting audits under clause (2).
(b) A multijurisdictional entity, and its designated fiscal agent, must be certified annually by the commissioner and may not operate under this section unless it is certified. If the commissioner revokes an entity's or fiscal agent's certification, the commissioner may order, for purposes relating to this section, any or all of the following:
(1) dissolution of the entity, its governing boards, or both;
(2) transfer of duties of the entity, its governing boards, or both, to the Department of Public Safety; and
(3) any other action deemed necessary by the commissioner.
Notwithstanding any action taken by the commissioner, any outstanding obligations or liabilities of the entity remain with the entity and the parties of the agreement and do not transfer.
(c) An agreement entered into pursuant to section 471.59 and this section shall provide that the parties to the agreement are subject to the provisions in this subdivision and shall provide for the disposition of property and allocation of obligations upon voluntary or mandated dissolution of the entity or upon termination of the agreement.
(d) Except as provided in Laws 2010, chapter 383, section 5, a multijurisdictional entity that is operating on August 1, 2010, pursuant to section 299A.641 shall have until December 31, 2010, to be certified under this section.
Subd. 5. Statewide coordinator.
The commissioner of public safety shall appoint a statewide coordinator. The coordinator serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) review audits conducted under subdivision 4, take corrective actions based on audit results, and submit a summary report of the audits and any corrective actions to the commissioner of public safety.
Subd. 6. Participating officers; employment status.
All participating law enforcement officers must be licensed peace officers as defined in section 626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453. Participating officers remain employees of the same entity that employed them before joining any multijurisdictional entity established under this section. Participating officers are not employees of the state. Participating officers shall be subject to annual performance reviews conducted by the entity's operational supervisor.
Subd. 7. Jurisdiction and powers.
Law enforcement officers participating in any multijurisdictional entity established under this section have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff.
Subd. 8. Evidence handling.
A multijurisdictional entity established pursuant to this section shall process all seized cash, physical assets, and evidence through the standard evidence handling procedures established by the participating agencies.
Subd. 9. Grants authorized.
The commissioner of public safety may make grants to state and local units of government to combat gang and drug crime. When awarding grants, the commissioner shall consider awarding grants under this section to fund community-based gang intervention and prevention efforts for youth.
Subd. 10. Coordinating council is permanent.
Notwithstanding section 15.059, this section does not expire.
Subd. 11. Governing board; prosecutor's role.
(a) A multijurisdictional entity established under this section shall create a governing board consisting of the chief law enforcement officer, or designee, from each participating agency, a prosecutor from one of the participating agencies, and up to three additional members selected by the governing board. A governing board shall have no less than six members.
(b) The prosecutor on the governing board shall have the following responsibilities:
(1) to recommend to the governing board the nature and frequency of training for officers assigned to a multijurisdictional entity in order to increase successful prosecutions;
(2) to advise on the lawful handling and processing of seized property and evidence and forfeited property and money; and
(3) to ensure that seizures and forfeitures are reported in accordance with section 609.5315, subdivision 6.
Subd. 12. Funding.
Participating agencies may accept lawful grants or contributions from any federal source or legal business or entity.
Subd. 13. Role of attorney general.
The attorney general or a designee shall generally advise on any matters that the coordinating council deems appropriate.
Subd. 14. Attorney general; community liaison.
(a) The attorney general or a designee shall serve as a liaison between the coordinating council and the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or designee will be responsible for:
(1) informing the councils of the plans, activities, and decisions and hearing their reactions to those plans, activities, and decisions; and
(2) providing the coordinating council with the position of the councils on the coordinating council's plan, activities, and decisions.
(b) In no event is the coordinating council required to disclose the names of individuals identified by it to the councils referenced in this subdivision.
(c) Nothing in this subdivision changes the data classification of any data held by the coordinating council.
Subd. 15. Required reports.
By February 1 of each year, the commissioner of public safety shall submit the following reports to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding:
(1) a report containing a summary of all audits conducted on multijurisdictional entities under subdivision 4;
(2) a report on the results of audits conducted on data submitted to the criminal gang investigative data system under section 299C.091; and
(3) a report on the activities and goals of the coordinating council.
This chapter shall be known as the "Mississippi Streetgang Act."
2. Nothing in sections 578.421 to 578.437 shall prevent a local governing body from adopting and enforcing laws consistent with sections 578.421 to 578.437 relating to gangs and gang violence. Where those local laws duplicate or supplement the provisions of sections 578.421 to 578.437, sections 578.421 to 578.437 shall be construed as providing alternative remedies and not as preempting the field.
This part does not prevent a local government from adopting and enforcing ordinances or resolutions consistent with this part relating to criminal street gangs and criminal street gang violence.
a. In addition to any other disposition authorized by this title, including but not limited to any fines which may be imposed pursuant to the provisions of N.J.S.2C:43-3 and except as may be provided by section 5 of this chapter, where a person has been convicted of a crime defined in chapter 35 or 36 of this Title or any crime involving criminal street gang related activity as defined in subsection h. of N.J.S.2C:44-3 or an attempt or conspiracy to commit such a crime, the court shall, upon the application of the prosecutor, sentence the person to pay a monetary penalty in an amount determined pursuant to section 4 of this chapter, provided the court finds at a hearing, which may occur at the time of sentencing, that the prosecutor has established by a preponderance of the evidence one or more of the grounds specified in this section. The findings of the court shall be incorporated in the record, and in making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing or other court proceedings and shall also consider the presentence report and any other relevant information.
b. Any of the following shall constitute grounds for imposing an Anti-Drug Profiteering Penalty:
(5) The defendant was involved in criminal street gang related activity.
a. All local and county police authorities shall submit a quarterly report to the Attorney General, on forms prescribed by the Attorney General, which report shall contain the number and nature of offenses committed within their respective jurisdictions, the disposition of such matters, information relating to criminal street gang activities within their respective jurisdictions, information relating to any offense directed against a person or group, or their property, by reason of their race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity and such other information as the Attorney General may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.
b. A law enforcement officer who responds to an offense involving criminal street gang activity shall complete a gang related incident offense report on a form prescribed by the Superintendent of State Police. All information contained in the gang related incident offense report shall be forwarded to the Superintendent of State Police for inclusion in the Uniform Crime Report.
a. Upon the arrest of any person for a crime or offense for which fingerprinting is required, the arresting officer shall designate whether the crime or offense was related to criminal street gang activity on the form used for the collection of fingerprints pursuant to R.S.53:1-15. For the purposes of this section, a crime is related to criminal street gang activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang as defined in subsection h. of N.J.S.2C:44-3.
b. The form used for the collection of fingerprints pursuant to R.S.53:1-15 shall include a place for the arresting officer to designate whether the crime or offense was related to criminal street gang activity.
A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the second degree is a class C felony.
A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the first degree is a class B felony.
This Article shall be known and may be cited as the "North Carolina Street Gang Suppression Act."
Nothing in this Article shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence that are consistent with this Article. Where local laws duplicate or supplement the provisions of this Article, this Article shall be construed as providing alternative remedies and not as preempting the field.
Nothing in this chapter may be construed as preventing a local governing body from adopting and enforcing ordinances relating to gangs and gang-related violence.
(D) In considering whether to transfer a child under division (B) of this section, the juvenile court shall consider the following relevant factors, and any other relevant factors, in favor of a transfer under that division:
(4) The child allegedly committed the act charged for hire or as a part of a gang or other organized criminal activity.
(A) The jurisdiction of a state grand jury impaneled pursuant to the provisions of this article extends throughout the state. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
(2) a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to the provisions of Article 3 of Chapter 8, Title 16.
In all civil actions brought under the provisions of this article, the identity of an informant, identifying information relating to an informant, and all matters exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, are exempt from discovery or disclosure under the rules of civil procedure.
Nothing in this article prohibits the governing body of a county, a municipality, or another political subdivision of the state from adopting and enforcing ordinances consistent with this article relating to criminal gangs, criminal gang members, and gang violence. When local ordinances duplicate or supplement this article, this article provides alternative remedies.
(a) In this article, "task force" means the Texas Violent Gang Task Force.
(b) The purpose of the task force is to form a strategic partnership among local, state, and federal criminal justice, juvenile justice, and correctional agencies to better enable those agencies to take a proactive stance towards tracking gang activity and the growth and spread of gangs statewide.
(c) The task force shall focus its efforts on:
(1) developing, through regional task force meetings, a statewide networking system that will provide timely access to gang information;
(2) establishing communication between different criminal justice, juvenile justice, and correctional agencies, combining independent agency resources, and joining agencies together in a cooperative effort to focus on gang membership, gang activity, and gang migration trends; and
(3) forming a working group of criminal justice, juvenile justice, and correctional representatives from throughout the state to discuss specific cases and investigations involving gangs and other related gang activities.
(a) A tattooist may not tattoo:
(1) except as provided by Subsection (a-1), a person younger than 18 years of age; or
(2) a person who the tattooist suspects is under the influence of alcohol or drugs.
(a-1) A tattooist may tattoo a person younger than 18 years of age if:
(1) the tattoo will cover a tattoo that contains:
(A) obscene or offensive language or symbols;
(B) gang-related names, symbols, or markings;
(C) drug-related names, symbols, or pictures; or
(D) other words, symbols, or markings that the person's parent or guardian considers would be in the best interest of the person to cover; and
(2) the person has obtained consent from the person's parent or guardian to cover the tattoo.
(b) The consent required by Subsection (a-1) may be satisfied by the individual's parent or guardian:
(1) being physically present at the tattoo studio at the time the tattooing is performed;
(2) executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is to be performed;
(3) presenting evidence of the person's identity to the person who will perform the tattooing; and
(4) presenting evidence of the person's status as parent or guardian of the individual who will receive the tattoo.
(c) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a tattoo studio. An offense under this subsection is a Class B misdemeanor
(1) (a) Failure to comply with an order issued under Subsection 76-9-903(1)(b) to disperse is a class B misdemeanor of failure to disperse.
(b) Any second and subsequent violation of Subsection (1)(a) is a class B misdemeanor of failure to disperse and is subject to a fine of not less than $ 100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.
(2) (a) A person is guilty of a class B misdemeanor of subsequent failure to disperse who:
(i) is present in a public place with or as part of a group of two or more persons, and that group includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and
(ii) is within sight or hearing of a location where a law enforcement officer issued an order to the person to disperse under Section 76-9-903 within the prior eight hours.
(b) A violation of Subsection (2)(a) is subject to a fine of not less than $ 100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.
(1) Municipal and county legislative bodies shall, within their respective jurisdictions, designate the areas within their jurisdictions that they have determined are subject to the enforcement of Section 76-9-903 because criminal street gangs have been able to or are attempting to:
(a) establish control over these identifiable areas;
(b) intimidate others from entering those areas; or
(c) conceal illegal activities conducted in those areas.
(2) (a) Prior to designating areas subject to enforcement under Section 76-9-903, the legislative body shall consult, as appropriate, with persons who are knowledgeable about the effects of gang activity in areas where Section 76-9-903 may be enforced.
(b) Persons consulted under Subsection (2)(a) may include:
(i) members of local law enforcement agencies who have training or experience related to criminal street gangs;
(ii) other agency personnel with particular knowledge of gang activities in the proposed designated area;
(iii) elected and appointed officials of the area where the proposed designated area is located; and
(iv) representatives of community-based organizations.
(3) The municipal or county legislative body shall develop and implement procedures for periodic review and update of area designations it makes under Subsection (1).
A tenant of real property for a term less than life is guilty of unlawful detainer either:
(7) When he or she commits or permits any gang-related activity at the premises as prohibited by RCW 59.18.130.