Index
A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the Superior Court.
B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.
C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense, and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.
D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:
6. If the juvenile committed the alleged offense while participating in, assisting, promoting, or furthering the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise.
(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.
(b) Common nuisance declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.
(c) Action to abate -- Permanent injunction -- Verification of complaint. (1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, or the city attorney of any incorporated city, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
(2) Unless filed by the prosecuting attorney, the complaint in the action shall be verified.
(d) Inspection warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, any judicial officer may, upon the petition of the prosecuting attorney, issue an inspection warrant for the premises.
(e) Temporary injunction -- Bond required -- Exceptions. (1) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance.
(2) (A) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant shall pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction.
(B) No bond is required when the proceeding is instituted by the prosecuting attorney or city attorney.
(f) Precedence of action -- Exceptions. The action shall be filed in the circuit court and have precedence over all other actions except election contests and hearings on injunctions.
(g) Dismissal for want of prosecution. If the complaint is filed by a citizen, it shall not be dismissed by him or her or for want of prosecution except upon a sworn statement made by him or her setting forth the reasons why the action shall be dismissed, and by dismissal ordered by the court.
(h) Costs. If the action is brought by a citizen and the court finds there was reasonable ground or cause for the action, costs shall be assessed against him or her.
(i) Order of abatement -- Lien for costs -- Enforcement. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in carrying out the order are a lien upon the building or place.
(2) The lien is enforceable and collectible for execution issued by order of the court.
(j) Order of abatement -- Damages. (1) If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment, and the order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution.
(2) (A) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the effectual closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance.
(B) An alternative to closure may be considered only as provided in this section.
(3) (A) (i) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages in an amount equal to the fair market rental value of the building or place, for such period of time as determined appropriate by the court, to the city attorney or county prosecutor.
(ii) These funds are to be used to investigate and litigate future nuisance abatement actions, or the funds are to be used by the city or county in whose jurisdiction the nuisance is located for the purpose of carrying out its drug prevention and education programs.
(iii) If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency.
(iv) If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency.
(v) These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs.
(B) (i) For purpose of subdivision (j)(3) of this section, the actual amount of rent being received for the rent of the building or place, or the existence of any vacancy in the building or place, may be considered, but shall not be the sole determinant of the fair market rental value.
(ii) Expert testimony may be used to determine the fair market rental value.
(4) (A) In addition, the court may award damages equal to the plaintiff's cost in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any defendant based upon the severity of the nuisance and its duration.
(B) The damages may be collected in any manner provided for the collection of any civil judgment.
(k) Custody of building. While the order of abatement remains in effect, the building or place is in the custody of the court.
(l) Fees -- Closing of building or place. For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as could be charged and received for levying upon and selling like property on execution, and for closing the premises and keeping the premises closed, a reasonable sum shall be allowed by the court.
(m) Disposition of sale proceeds. The proceeds of the sale of the movable property shall be applied as follows:
(1) First, to the fees and costs of the removal and sale;
(2) Second, to the allowances and costs of closing and keeping closed the building or place;
(3) Third, to the payment of the plaintiff's costs in the action; and
(4) Fourth, the balance, if any, to the owner of the property.
(n) Release of the building to owner. (1) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner shall immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner and the order of abatement cancelled so far as it may relate to the property.
(2) The release of property under a provision of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.
(o) Fine as lien -- Enforcement. (1) When the owner of a building or place upon which the act or acts constituting contempt have been committed, or the owner of any interest in the building or place, has been guilty of contempt of court and fined in any proceeding under this subchapter, the fine is a lien upon the building or place to the extent of his or her interest in it.
(2) The lien is enforceable and collectible by execution issued by order of the court.
(p) Violations -- Criminal penalties. A violation of or disobedience of an injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or by both.
(q) Forfeiture. (1) This section does not provide for the property to be forfeited to the state.
(2) However, the state may at any time amend its petition to seek forfeiture if the property is subject to forfeiture under other Arkansas law.
Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the following:
(a) The statement relates to acts or events relevant to a criminal prosecution under provisions of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 of the Penal Code).
(b) A verbatim transcript, copy, or record of the statement exists. A record may include a statement preserved by means of an audio or video recording or equivalent technology.
(c) The statement relates to acts or events within the personal knowledge of the declarant.
(d) The statement was made under oath or affirmation in an affidavit; or was made at a deposition, preliminary hearing, grand jury hearing, or other proceeding in compliance with law, and was made under penalty of perjury.
(e) The declarant died from other than natural causes.
(f) The statement was made under circumstances that would indicate its trustworthiness and render the declarant's statement particularly worthy of belief. For purposes of this subdivision, circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
(1) Whether the statement was made in contemplation of a pending or anticipated criminal or civil matter, in which the declarant had an interest, other than as a witness.
(2) Whether the declarant had a bias or motive for fabricating the statement, and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section.
(4) Whether the statement was a statement against the declarant’s interest.
A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
A peace officer may administer and certify oaths for purposes of this article.
Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training which includes training in the investigation and reporting of cases and testifying at preliminary hearings and trials.
If evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural causes, but shall merely be told that the declarant is unavailable.
Gang violence prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon cases identified under criteria set forth in Section 13826.3. Enhanced prosecution efforts shall include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance in a gang-related case will perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase.
(b) Assignment of highly qualified investigators and prosecutors to gang-related cases.
(c) Significant reduction of caseloads for investigators and prosecutors assigned to gang-related cases.
(d) Measures taken in coordination with law enforcement agencies to protect cooperating witnesses from intimidation or retribution at the hands of gang members or associates.
(a) An individual shall be subject to gang violence prosecution efforts who is under arrest for the commission or the attempted commission of any gang-related violent crime where the individual is (1) a known member of a gang, and (2) has exhibited a prior criminal background.
(b) For purposes of this chapter, gang-related means that the suspect or victim of the crime is a known member of a gang.
(c) For purposes of this chapter, gang violence prosecution includes both criminal prosecutions and proceedings in Juvenile Court in which a petition is filed pursuant to Section 602 of the Welfare and Institutions Code.
Law enforcement agencies receiving funds under this chapter shall concentrate enhanced law enforcement efforts and resources upon cases identified under criteria set forth in Section 13826.3. Enhanced law enforcement criteria efforts shall include, but not be limited to:
(a) The formation of a specialized gang violence unit whose staff shall be composed of the most highly qualified and trained personnel.
(b) The efforts of the gang violence unit shall include, but not be limited to:
(1) Increased efforts to apprehend, prosecute, and convict violent "hard core" target gang members.
(2) Increasing the clearance rate of reported crimes which are targeted as gang related.
(3) Establishing more positive relations with, and encouraging the support of local citizens, community-based organizations, business representatives, and other criminal agencies.
(4) Aiding and assisting other criminal justice and governmental agencies in protecting cooperating witnesses from intimidation or retribution at the hands of gang members and their associates.
(c) Law enforcement agencies receiving funds under this program shall maintain a crime analysis capability which provides the following type of information:
(1) Identification of active gang members who have exhibited a prior criminal background.
(2) Identification of evolving or existing crime patterns that are gang related.
(3) Providing investigative leads.
(4) Maintaining statistical information pertaining to gang related criminal activity.
(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.
A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding.
The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity.
(a) In lieu of the immunity provided in Section 106-2 of this Code [725 ILCS 5/106-2], the State's Attorney may make application to the court that a streetgang member, who testifies on behalf of a public authority in a civil proceeding brought against a streetgang under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.], be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence by the streetgang member. The court shall grant the order of immunity if:
(1) the production of the evidence is necessary to a fair determination of a cause of action under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.]; and
(2) the streetgang member has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
(b) In lieu of the immunity provided in Section 106-2 of this Code [725 ILCS 5/106-2], in any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence from the witness if the witness has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
(c) The production of evidence so compelled under the order, and any information directly or indirectly derived from it, may not be used against the witness in a criminal case, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order. An order of immunity granted under this Section does not bar prosecution of the witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the evidence produced under the order shall be furnished to him or her.
(a) The State's Attorney, or a person designated in writing or by law to act for him and to perform his duties during his absence or disability, may authorize, in writing, an ex parte application to the chief judge of a court of competent jurisdiction for an order authorizing the interception of a private communication when no party has consented to the interception and (i) the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit, a violation of Section 8-1(b) [720 ILCS 5/8-1] (solicitation of murder), 8-1.2 [720 ILCS 5/8-1.2] (solicitation of murder for hire), 9-1 [720 ILCS 5/9-1] (first degree murder), 10-9 [720 ILCS 5/10-9] (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services), 11-15.1 [720 ILCS 5/11-15.1] (soliciting for a minor engaged in prostitution), 11-16 [720 ILCS 5/11-16] (pandering), 11-17.1 [720 ILCS 5/11-17.1] (keeping a place of juvenile prostitution), 11-18.1 [720 ILCS 5/11-18.1] (patronizing a minor engaged in prostitution), 11-19.1 [720 ILCS 5/11-19.1] (juvenile pimping and aggravated juvenile pimping), or 29B-1 [720 ILCS 5/29B-1] (money laundering) of the Criminal Code of 1961, Section 401, 401.1 (controlled substance trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act [720 ILCS 570/401, 720 ILCS 570/401.1, 720 ILCS 570/405, 720 ILCS 570/405.1 or 720 ILCS 570/407 or 720 ILCS 646/1 et seq.], a violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 [720 ILCS 5/24-2.1, 720 ILCS 5/24-2.2, 720 ILCS 5/24-3, 720 ILCS 5/24-3.1, 720 ILCS 5/24-3.3, 720 ILCS 5/24-3.4, 720 ILCS 5/24-4 or 720 ILCS 5/24-5 or 720 ILCS 5/24-1] or conspiracy to commit money laundering or conspiracy to commit first degree murder; (ii) in response to a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation or prosecution of a civil action brought under the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1 et seq.] when there is probable cause to believe the interception of the private communication will provide evidence that a streetgang is committing, has committed, or will commit a second or subsequent gang-related offense or that the interception of the private communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony.
(b) The State's Attorney or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability, may authorize, in writing, an ex parte application to the chief judge of a circuit court for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit, a violation of an offense under Article 29D of the Criminal Code of 1961 [720 ILCS 5/29D-5 et seq.].
(b-1) Subsection (b) is inoperative on and after January 1, 2005.
(b-2) No conversations recorded or monitored pursuant to subsection (b) shall be made inadmissible in a court of law by virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and "gang-related" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10].
(1) To establish the existence of a "criminal gang" as defined in KRS 506.140, any competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including the following:
(a) Self-proclamation;
(b) A common name, insignia, flag, or means of recognition;
(c) Common identifying hand or body signs, signals, or code;
(d) A common identifying mode, style, or color of dress;
(e) An identifying tattoo or body marking;
(f) Membership, age, or other qualifications;
(g) Creed of belief;
(h) An organizational or command structure, overt or covert;
(i) A de facto claim of territory or jurisdiction;
(j) An initiation ritual;
(k) A concentration or specialty; or
(l) A method of operation or criminal enterprise.
(2) It is no defense to prosecution under KRS 506.140 that:
(a) One (1) or more members of the gang are not criminally responsible for the offense;
(b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution;
(c) A person has been charged with, acquitted, or convicted of any offense under KRS 506.140;
(d) The participants may not know each other’s identity;
(e) The membership in the criminal gang may change from time to time; or
(f) The participants may stand in a wholesaler-retailer or other arm’s length arrangement in the conduct of illicit distribution or other operations.
(3) Once the initial combination of five (5) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as four (4) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal activity as defined in KRS 506.140 constituting a violation of KRS 506.140.
Subdivision 1. Oversight council established.
The Gang and Drug Oversight Council is established to provide guidance related to the investigation and prosecution of gang and drug crime.
Subd. 2. Membership.
The oversight 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) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, two of whom must be selected from cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each district, two of whom must be selected from counties with populations greater than 500,000;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by the Minnesota State Association of Narcotics Investigators;
(10) a representative from the United States Drug Enforcement Administration;
(11) a representative from the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from the Federal Bureau of Investigation;
(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement Association; and
(14) two additional members who may be selected by the oversight council.
The oversight council may adopt procedures to govern its conduct as necessary and may select a chair from among its members.
Subd. 3. Oversight council's duties.
The oversight council shall develop an overall strategy to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota. This strategy may include the development of protocols and procedures to investigate gang and drug crime and a structure for best addressing these issues in a multijurisdictional manner. Additionally, the oversight council shall:
(1) identify and recommend a candidate or candidates for statewide coordinator to the commissioner of public safety;
(2) establish multijurisdictional task forces and strike forces to combat gang and drug crime, to include a metro gang strike force and a gang strike force located in the St. Cloud metropolitan area;
(3) assist the Department of Public Safety in developing an objective grant review application process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants to support efforts to combat gang and drug crime;
(5) assist in developing a process to collect and share information to improve the investigation and prosecution of drug offenses;
(6) develop and approve an operational budget for the office of the statewide coordinator and the oversight council; and
(7) adopt criteria and identifying characteristics for use in determining whether individuals are or may be members of gangs involved in criminal activity.
Subd. 4. Statewide coordinator.
The current gang strike force commander shall serve as a transition coordinator until July 1, 2006, at which time the commissioner of public safety shall appoint a statewide coordinator as recommended by the oversight council. 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) implement an outcome evaluation and a data quality control process.
Subd. 5. 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.
Subd. 6. 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. 7. Grants authorized.
The commissioner of public safety, upon recommendation of the council, may make grants to state and local units of government to combat gang and drug crime.
Subd. 8. Oversight council is permanent.
Notwithstanding section 15.059, this section does not expire.
Subd. 9. Funding.
Participating agencies may accept lawful grants or contributions from any federal source or legal business or entity.
Subd. 10. Role of attorney general.
The attorney general or a designee shall generally advise on any matters that the oversight council deems appropriate.
Subd. 11. Attorney general; community liaison.
(a) The attorney general or a designee shall serve as a liaison between the oversight 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 oversight council with the councils' position on the oversight council's plan, activities, and decisions.
(b) In no event is the oversight 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 oversight council.
Subd. 12. Required report.
By February 1 of each year, the council shall report to the chairs of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding on the activities of the council and any strike or task forces. This annual report shall include:
(1) a description of the council's goals for the previous year and for the coming year;
(2) a description of the outcomes the council achieved or did not achieve during the preceding year and a description of the outcomes the council will seek to achieve during the coming year; and
(3) any legislative recommendations the council has including and, where necessary, a description of the specific legislation needed to implement the recommendations.
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.
Any offense committed in violation of G.S. 14-50.16 through G.S. 14-50.20 shall be considered a separate offense.
When a defendant is found guilty of a criminal offense, other than an offense under G.S. 14-50.16 through G.S. 14-50.20, the presiding judge shall determine whether the offense involved criminal street gang activity. If the judge so determines, then the judge shall indicate on the form reflecting the judgment that the offense involved criminal street gang activity. The clerk of court shall ensure that the official record of the defendant's conviction includes a notation of the court's determination.
A conviction of an offense defined as criminal gang activity shall preclude the defendant from contesting any factual matters determined in the criminal proceeding in any subsequent civil action or proceeding based on the same conduct.
An allegation that a defendant is a street gang member must be filed as a separate information at the time of, or before, his arraignment. The separate information must state those criteria, as outlined in subdivision 22-10-14 (2) which allegedly identify the defendant as a street gang member and must be signed by the prosecutor.
An allegation that a defendant is a street gang member shall be filed as separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in Subdivision 22-10A-1 (2), which allegedly identify the defendant as a street gang member and shall be signed by the prosecutor.
In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the applicable conduct was engaged in as part of the activities of a criminal street gang as defined by Section 71.01, Penal Code.
(a) In a prosecution of an offense for which punishment is increased under Section 71.028, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of gang-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those zones if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those zones.
(b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
(c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the zone is located.
(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 71.028; or
(2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.
Upon a felony conviction of Section 18.2-46.2 or Section 18.2-46.3, where it is alleged in the warrant, information, or indictment on which a person is convicted that (i) such person has been previously convicted twice under any combination of Section 18.2-46.2 or Section 18.2-46.3, within 10 years of the third or subsequent offense, and (ii) each such offense occurred on different dates, such person is guilty of a Class 3 felony.
In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040, and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
(1) In a prosecution of a criminal street gang-related felony offense, the prosecution may file a special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense, as described under RCW 9.94A.533(10)(a).
(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense. If no jury is had, the court shall make a finding of fact as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense.