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.
(Top)(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.
(Top)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 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.
(Top)(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 8-1.1 [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.
(Top)(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.
(Top) 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.
(Top)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.
(Top)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.