(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;
(Top)G. In a hearing pursuant to subsection C 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.
(Top)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 in the state prison for 16 months, or 2, or 3 years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for the enhancement choice on the record at the time of sentencing.
(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 California Gang, Crime, and Violence Prevention Partnership Program shall be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence to the extent authorized pursuant to this chapter in communities with a high incidence of gang violence, including, but not limited to, the communities of Fresno, Glendale, Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino, San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and Venice. The department shall also consider communities that meet any one of the following criteria:
(1) An at-risk youth population, as defined in subdivision (c) of Section 13825.4, that is significantly disproportionate to the general youth population of that community.
(2) A juvenile arrest rate that is significantly disproportionate to the general youth population of that community.
(3) Significant juvenile gang problems or a high number of juvenile gang-affiliated acts of violence.
(b) All state and local juvenile detention facilities, including, but not limited to, facilities, juvenile halls, youth ranches, and youth camps of the Department of the Youth Authority shall also be considered eligible to receive services through community-based organizations or nonprofit agencies that are operating programs funded under this chapter.
(a) There is within the Governor's Office of Emergency Services, the Office of Gang and Youth Violence Policy.
(b) (1) The Office of Gang and Youth Violence Policy shall be responsible for identifying and evaluating state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The director shall be responsible for monitoring, assessing, and coordinating the state's programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. The director shall communicate with local agencies and programs in an effort to promote the best practices for addressing gang and youth violence through suppression, intervention, and prevention.
(2) The office shall develop a comprehensive set of recommendations to define its mission, role, and responsibilities as a statewide entity dedicated to reducing violence and the proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the office shall collaborate with a wide range of state and local stakeholders, including, but not limited to, community-based organizations serving at-risk populations and neighborhoods, law enforcement, educators, the courts, policy experts and scholars with expertise in the area of criminal street gangs, and local policymakers.
(4) The office, in collaboration with the stakeholders specified in paragraph (3), shall include in its deliberations the most effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs, at-risk youth, and prevention and intervention programs in order to identify best practices and evidence-based programming, as well as unsuccessful practices, and in order to promote effective strategies for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental entities in developing violence and gang prevention strategies, including built-in evaluation components.
(E) The development of sustained coordination mechanisms among state, local, and regional entities.
(F) The identification of available or needed federal, state, regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective programs, models, and strategies for the control of violence and serving as a clearinghouse for information on gang violence prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical assistance to help build the capacity of organizations, communities, and local government to develop, implement, and evaluate gang violence prevention programs.
(I) Providing information and guidance to state and local governmental and nongovernmental entities on accessing state and federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities with respect to gang prevention efforts.
14000.—Repealed 2005. (a) The City and County of Los Angeles may establish
a Community Law Enforcement and Recovery (CLEAR) Demonstration Project, a multiagency
gang intervention program, which shall be administered by the City of Los Angeles
under a joint powers agreement with the Los Angeles County Sheriff’s Department,
the Los Angeles County District Attorney’s office, the Los Angeles County Probation
Department, the Los Angeles Police Department, and the Los Angeles City Attorney’s
office.
(b) The parties to the agreement shall work together to provide a flexible
and coordinated response to crime perpetrated by criminal street gangs, in particular
the "18th Street Gang," by addressing each community’s gang problems
and identifying the gangs associated with each community.
14001.—Repealed 2005. The role of each party to the agreement is as follows:
(a) The district attorney shall do all of the following:
(1) Appoint a Gang Intervention Coordinator and provide staff to the coordinator
for the purposes of coordinating the project among the parties and between the
parties and community groups.
(2) Conduct training for team members and outside agencies and prepare written
materials regarding successful coordinated antigang strategies.
(3) Track all arrests made by the CLEAR team and prepare reports on the progress
of the prosecution effort from the point of arrest through the final court disposition
of each case, including the length of imprisonment or the terms of probation
ordered.
(4) Vertically prosecute the most difficult cases generated by CLEAR team arrests
using novel and innovative prosecution strategies that include granting cross-designation
status to city prosecutors so that these cases may be effectively pursued in
superior court.
(5) Prepare and prosecute civil injunctions against gang activities occurring
within the target area.
(6) Coordinate prevention and intervention strategies with community-based
organizations, schools, and participating agencies and assist in the design
and implementation of these programs.
(b) The sheriff’s department shall do both of the following:
(1) Use jail and prison information to assist in the resolution of unsolved
homicides.
(2) Coordinate crime information between law enforcement agencies.
(c) The probation department shall do all of the following:
(1) Coordinate all target gang members on probation into one case load for
intensive supervision.
(2) Meet with community organizations and schools to assess their needs with
respect to gang intervention.
(3) Enforce probation terms and perform probation searches.
(4) Provide information on probationary status of gang members to local law
enforcement agencies.
(d) The police department shall do both of the following:
(1) Provide intensive law enforcement in areas most impacted by criminal street
gangs.
(2) Coordinate gang information with the sheriff’s department and probation
department to identify gang members for targeted law enforcement activities.
(e) The city attorney shall do all of the following:
(1) Prosecute misdemeanor criminal offenses.
(2) Coordinate civil building abatement and nuisance abatement activities.
(3) Conduct vertical prosecutions of gang members.
14002.—Repealed 2005. The parties shall be consolidated as a mobile response
unit that travels to each community that is targeted for gang intervention strategies
and operates from one central location in that community.
14005.—Repealed 2005. An independent evaluation of the effectiveness of the
CLEAR project, including a detailed cost-benefit analysis, shall be prepared
and submitted to the Legislature two years from the date that funds are initially
appropriated for the project, or six months after the end of the project, whichever
is earlier. The evaluation shall be submitted to the chairpersons of the Assembly
and Senate public safety committees, the chairpersons of the Assembly and Senate
fiscal committees, and the Chairperson of the Joint Legislative Audit Committee.
The Board of Corrections shall choose the entity that will conduct the evaluation
through a competitive bidding process after sending out requests for proposals.
The evaluation shall include, but shall not be limited to, a description of
the extent to which the project has accomplished the following:
(a) A 5 percent increase in the resolution rate of gang homicides in the target
areas.
(b) A 5 percent decrease in violent felonies within the target area.
(c) A 5 percent decrease in nuisance activities by gangs in the target area.
(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.
(Top)(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 § 33-582 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;
(Top)(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.
(Top)This chapter shall be known and may be cited as the "Georgia Street Gang Terrorism and Prevention Act."
However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term "serious violent felony" means a serious violent felony as defined in Code Section 17-10-6.1.
(f)(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, 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 that the defendant shall not have contact of any kind or character with the victim or any member of the victim’s family or household.
(Top)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.
(Top)(b) There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government and school districts to assist them in gang control activities and to administer a system of grants to units of local government and school districts that, upon application, have demonstrated a workable plan to reduce gang activity in their area. The grants shall not include reimbursement for personnel, nor shall they exceed 75% of the total request by any applicant. The grants may be calculated on a proportional basis, determined by funds available to the Department for this purpose. The Department has the authority to promulgate appropriate rules and regulations to administer this program.
The Office shall establish mobile units of trained personnel to respond to gang activities.
The Office shall also consult with and use the services of religious leaders and other celebrities to assist in gang control activities.
The Office may sponsor seminars, conferences, or any other educational activity to assist communities in their gang crime control activities.
(a) The Department of State Police shall establish a pilot program from moneys available under which Internet Gang Crime Units shall be created in the Cook County Sheriff's Office, the City of Danville Police Department, and the Village of Round Lake Heights Police Department. Under the pilot program for the operation of Internet Gang Crime Units, 40% shall be allocated to the Cook County Sheriff's Office, 30% shall be allocated to the City of Danville Police Department, and 30% shall be allocated to the Village of Round Lake Heights Police Department.
(b) Under the pilot program, the Internet Gang Crime 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 Internet Gang Crime 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 an Internet Gang Crime 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 Cook County Sheriff's Office, the City of Danville Police Department, and the Village of Round Lake Heights Police Department shall report to the Department of State Police on a quarterly basis on the activities of their Internet Gang Crime 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, 2010.
(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 [740 ILCS 147/10].
Sec. 1–7. Confidentiality of law enforcement records. (A) Inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested or taken into custody before his or her 17th birthday shall be restricted to the following:
(1) Any local, state, or federal law enforcement officers of any jurisdiction or agency when necessary for the discharge of their official duties during the investigation or prosecution of a crime 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. 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 [740 ILCS 147/10].
Sec. 1–8. Confidentiality and accessibility of juvenile court records. (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 [740 ILCS 147/10].
(a) A person commits the offense of unlawful contact with streetgang members when:
(1) 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 [740 ILCS 147/10] after having been 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; or
(2) 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 [740 ILCS 147/10] after having been 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.
(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 [720 ILCS 5/112A-3] 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.
(Source: P.A. 90-131, eff. 1-1-98.)
(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 8-1.1 [720 ILCS 5/8-1.1] (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), 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.
Illinois § 725 ILCS 172/5-1. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Short title
This Article may be cited as the Gang Crime Witness Protection Act, and references in this Article to "this Act" mean this Article.
Illinois § 725 ILCS 172/5-10. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Pilot program
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.
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.
(Source: P.A. 91-876, eff. 1-1-01.)
Sec. 2. As used in this chapter, "psychologically affected property"
includes real estate or a dwelling that is for sale, rent, or lease and to which
one (1) or more of the following facts or a reasonable suspicion of facts apply:
(3) That the property was the site of:
(B) criminal gang (as defined in IC 35-45-9-1) activity;
The director of the [police] academy, subject to the approval of the council, shall promulgate rules in accordance with the provisions of this chapter and chapter 17A, giving due consideration to varying factors and special requirements of law enforcement agencies relative to the following:
4. Within the existing curriculum, expanded training regarding racial and cultural awareness and dealing with gang-affected youth.
(Top)Louisiana § 15: 1401 Citation
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.
(Top)(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:
(i) The hiring, training, and deployment of street patrol officers.
(ii) Neighborhood and downtown economic development programs designed to create local jobs.
(iii) Public safety programs, such as emergency medical services, fire department programs, and street lighting.
(iv) Antigang and youth development programs.
(v) Other programs that are designed to contribute to the improvement of the quality of life in the city.
(vi) Relief to the taxpayers of the city from one or more taxes or fees imposed by the city.
(vii) The costs of capital improvements.
(viii) Road repairs and improvements.
(Top)(1) There is hereby created the Corrections Investigative Taskforce which shall consist of the following members: the Attorney General; State Auditor; the Chief Executive Officer of the Bureau of Narcotics, or his designee; the Chief Executive Officer of the Department of Public Safety, or his designee; the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee.
(2) The taskforce shall:
(a) Conduct or cause to be conducted periodic investigation of the Department of Corrections; (b) Study and make recommendations on correctional policies, including, but not limited to:
(ii) Inmate gang activity;
This chapter shall be known as the "Mississippi Streetgang Act."
(Top)Missouri § 565.032. 1. In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or he shall include in his instructions to the jury for it to consider:
(17) The murder was committed during the commission of a crime which is part of a pattern of criminal street gang activity as defined in section 578.421.
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.
(Top)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.
(Top)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.
(Top)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.
(Top)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.
(Top)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.
(Top)(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.
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.
(Top)(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 between state, federal, and local law enforcement agencies to better enable law enforcement and correctional 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 a statewide networking system that will provide timely access to gang information;
(2) establishing communication between different law enforcement 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 law enforcement 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