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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
]]]] 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
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