SENATE BILL NO. 1313

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S1313................................................by JUDICIARY AND RULES
CRIMINAL GANG ENFORCEMENT - Adds to existing law to provide for the Idaho
Criminal Gang Enforcement Act; to provide a short title; to define terms;
to provide for extended sentences; to prohibit the recruitment of gang
members; to prohibit supplying firearms to a criminal gang; and to permit
the adoption of local ordinances.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1313
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO CRIMINAL GANG ENFORCEMENT ACT; AMENDING TITLE 18,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW CHAPTER 85, TITLE 18, IDAHO CODE, TO PRO-
  4        VIDE A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE FOR EXTENDED SENTENCES, TO
  5        PROHIBIT THE RECRUITMENT OF GANG MEMBERS, TO PROHIBIT  SUPPLYING  FIREARMS
  6        TO A CRIMINAL GANG AND TO PERMIT THE ADOPTION OF LOCAL ORDINANCES; PROVID-
  7        ING SEVERABILITY; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That Title 18, Idaho Code, be, and the same is hereby amended
 10    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 11    ter 85, Title 18, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 85
 13                         IDAHO CRIMINAL GANG ENFORCEMENT ACT
                                                                        
 14        18-8501.  SHORT TITLE. This chapter shall be known and may be cited as the
 15    "Idaho Criminal Gang Enforcement Act."
                                                                        
 16        18-8502.  DEFINITIONS. As used in this chapter:
 17        (1)  "Criminal  gang" means an ongoing organization, association, or group
 18    of three (3) or more persons, whether formal or informal, that  has  a  common
 19    name  or common identifying sign or symbol, whose members individually or col-
 20    lectively engage in or have engaged in a pattern of  criminal  gang  activity,
 21    having  as one (1) of its primary activities the commission of one (1) or more
 22    of the criminal acts enumerated in subsection (3) of this section.
 23        (2)  "Criminal gang member" means any person who engages in a  pattern  of
 24    criminal  gang  activity and who meets two (2) or more of the following crite-
 25    ria:
 26        (a)  Admits to gang membership;
 27        (b)  Is identified as a gang member;
 28        (c)  Resides in or frequents a particular gang's area and adopts its style
 29        of dress, its use of hand signs, or its tattoos, and associates with known
 30        gang members;
 31        (d)  Has been arrested more than once in the company  of  identified  gang
 32        members for offenses that are consistent with usual gang activity;
 33        (e)  Is  identified  as  a gang member by physical evidence such as photo-
 34        graphs or other documentation; or
 35        (f)  Has been stopped in the company of known gang  members  four  (4)  or
 36        more times.
 37        (3)  "Pattern  of  criminal gang activity" means the commission, attempted
 38    commission, or solicitation of two (2) or more of the following offenses, pro-
 39    vided that the offenses are committed on separate occasions or by two  (2)  or
 40    more gang members:
 41        (a)  Robbery, as provided in section 18-6501, Idaho Code;
                                                                        
                                           2
                                                                        
  1        (b)  Arson, as provided in sections 18-801 through 18-804, Idaho Code;
  2        (c)  Burglary,  as  provided  in  sections  18-1401,  18-1403, 18-1405 and
  3        18-1406, Idaho Code;
  4        (d)  Murder  or  manslaughter,  as  provided,  respectively,  in  sections
  5        18-4001 and 18-4006, Idaho Code;
  6        (e)  Any violation of the provisions of chapter 27, title 37, Idaho Code,
  7        that involves possession with intent to deliver, distribution, delivery or
  8        manufacturing of a substance prohibited therein;
  9        (f)  Any unlawful use of a weapon that is a felony pursuant to chapter 33,
 10        title 18, Idaho Code;
 11        (g)  Assault and battery, as provided in chapter 9, title 18, Idaho Code;
 12        (h)  Criminal solicitation, as provided in section 18-2001, Idaho Code;
 13        (i)  Computer crime, as provided in section 18-2202, Idaho Code;
 14        (j)  Theft, as provided in sections 18-2401 and 18-2403, Idaho Code;
 15        (k)  Evidence falsified or concealed and witnesses intimidated or  bribed,
 16        as provided in sections 18-2601 through 18-2606, Idaho Code;
 17        (l)  Forgery  and  counterfeiting, as provided in sections 18-3601 through
 18        18-3603 and sections 18-3605 through 18-3616, Idaho Code;
 19        (m)  Gambling, as provided in section 18-3802, Idaho Code;
 20        (n)  Kidnapping, as provided in sections 18-4501  through  18-4503,  Idaho
 21        Code;
 22        (o)  Mayhem, as provided in section 18-5001, Idaho Code;
 23        (p)  Prostitution,  as provided in sections 18-5601 through 18-5614, Idaho
 24        Code;
 25        (q)  Rape, as provided in sections 18-6101,  18-6108  and  18-6110,  Idaho
 26        Code;
 27        (r)  Racketeering, as provided in section 18-7804, Idaho Code;
 28        (s)  Malicious harassment, as provided in section 18-7902, Idaho Code;
 29        (t)  Terrorism, as provided in section 18-8103, Idaho Code; or
 30        (u)  Money  laundering  and  illegal  investment,  as  provided in section
 31        18-8201, Idaho Code.
                                                                        
 32        18-8503.  EXTENDED SENTENCE. (1) A person who is convicted of a felony  or
 33    misdemeanor  under section 18-8502(3), Idaho Code, that is knowingly committed
 34    for the benefit or at the direction of, or in association with,  any  criminal
 35    gang  or  criminal gang member, in addition to the punishment provided for the
 36    commission of the underlying offense, shall be punished as follows:
 37        (a)  Any person who is convicted of a misdemeanor shall be punished by  an
 38        additional  term  of imprisonment in the county jail for not more than one
 39        (1) year.
 40        (b)  Any person who is convicted of a  felony  shall  be  punished  by  an
 41        extended term of not more than two (2) years in prison.
 42        (c)  If  the  underlying  offense  described  in section 18-8502(3), Idaho
 43        Code, is a felony and committed on the grounds of, or within one  thousand
 44        (1,000)  feet  of, a public or private elementary, secondary or vocational
 45        school during hours when the facility  is  open  for  classes  or  school-
 46        related  programs or when minors are using the facility, the extended term
 47        shall be not less than one (1) year and not more than four (4) years.
 48        (2)  This section does not create a separate offense but provides an addi-
 49    tional penalty for the primary offense, the imposition of which is  contingent
 50    upon the finding of the prescribed facts.
 51        (3)  The  court shall not impose an extended penalty pursuant to this sec-
 52    tion unless:
 53        (a)  The indictment or information charging the defendant with the primary
 54        offense alleges that the primary offense was committed knowingly  for  the
                                                                        
                                           3
                                                                        
  1        benefit or at the direction of, or in association with, a criminal gang or
  2        criminal  gang  member  with  the  specific  intent to promote, further or
  3        assist the activities of the criminal gang; and
  4        (b)  The trier of fact finds the allegation to be true beyond a reasonable
  5        doubt.
  6        (4)  The imposition or execution of the sentences provided in this section
  7    may not be suspended.
  8        (5)  An extended sentence provided in this section shall run consecutively
  9    to the sentence provided for the underlying offense.
                                                                        
 10        18-8504.  RECRUITING CRIMINAL GANG  MEMBERS.  (1)  A  person  commits  the
 11    offense of recruiting criminal gang members by:
 12        (a)  Knowingly  soliciting,  inviting,  encouraging or otherwise causing a
 13        person to actively participate in a criminal gang; or
 14        (b)  Knowingly using force, threats, violence or intimidation directed  at
 15        any  person,  or  by  the  infliction of bodily injury upon any person, to
 16        actively participate in a criminal gang.
 17        (2)  A person convicted of a violation of this section shall be imprisoned
 18    for a term not to exceed ten (10) years.
 19        (3)  This section shall not be construed to limit  prosecution  under  any
 20    other provision of law.
                                                                        
 21        18-8505.  SUPPLYING  FIREARMS TO A CRIMINAL GANG. (1) A person commits the
 22    offense of supplying firearms to a criminal gang if the person knows an  indi-
 23    vidual  is a gang member and supplies, sells or gives possession or control of
 24    any firearm to that gang member.
 25        (2)  Subsection (1) of this section shall not apply to  a  person  who  is
 26    convicted  as  a  principal  to  the offense committed by the recipient of the
 27    firearm.
 28        (3)  A person convicted of a violation of this section shall be imprisoned
 29    for a term not to exceed ten (10) years or be fined an amount  not  to  exceed
 30    fifty thousand dollars ($50,000), or both.
                                                                        
 31        18-8506.  ADOPTION OF LOCAL REGULATIONS. This chapter does not prevent any
 32    county,  city or other political subdivision from adopting and enforcing ordi-
 33    nances or resolutions consistent with this chapter relating to criminal  gangs
 34    and criminal gang violations.
                                                                        
 35        SECTION  2.  SEVERABILITY.  The provisions of this act are hereby declared
 36    to be severable and if any provision of this act or the  application  of  such
 37    provision  to  any  person or circumstance is declared invalid for any reason,
 38    such declaration shall not affect the validity of the  remaining  portions  of
 39    this act.
                                                                        
 40        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 41    declared to exist, this act shall be in full force and effect on and after its
 42    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15764

This legislation adds a new Chapter 85, to Title 18, Idaho Code
entitled the "Idaho Criminal Gang Enforcement Act."  This
legislation is the result of recommendations made by the Governor's
Criminal Justice Commission.  Gang activity has become increasingly
prevalent in Idaho, and it is important that law enforcement
agencies, prosecutors, and judges have the necessary tools to
address this issue.  This legislation provides definitions; extends
sentences for gang members who commit certain crimes; criminalizes
recruitment of criminal gang members; and creates a new felony for
supplying firearms to a criminal gang member. 


                           FISCAL NOTE

There is no immediate impact to the General Fund; however, there
could be a potential impact in the future if persons are found
guilty and sentenced under these new statutory provisions.  




Contact
Name: Megan Ronk, Office of the Governor 
Phone: 208-332-2100
Senator Denton Darrington
Representative Debbie Field


STATEMENT OF PURPOSE/FISCAL NOTE                           S 1313