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| SPONSOR: | Knauer | DATE TYPED: | 02/09/99 | HB | 286 | ||
| SHORT TITLE: | Gang Enforcement & Prevention Act | SB | |||||
| ANALYST: | O'Connell | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| NFI | NFI | NFI | NFI | ||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of Bill
House Bill 286 would create a new section of the Criminal Code regarding gang enforcement and prevention. The purpose of the bill is to deter and punish criminal activity engaged in by criminal gangs. A gang is defined as a group of three or more persons whose members engage in criminal activity.
Significant Issues
If a person uses threats, intimidation or persuasion to induce another person less than eighteen years of age to participate in gang activity, that person is guilty of a third degree felony.
When a felony is committed, the basic sentence prescribed shall increase by two years and shall not be suspended, deferred or conditionally discharged. When a second or subsequent felony occurs, the basic sentence shall increase by four years. If the case is heard before a jury and shows that the felony was committed, the court shall submit the issue to the jury by special interrogatory.
It is the duty of the district attorney to file information of criminal gang activity pursuant to the provisions of the Gang Enforcement and Protection Act.
ADMINISTRATIVE IMPLICATIONS
HB 286 would enact longer prison sentences with less opportunity for deferment or suspension of time. Increasing sentences often results in defendants hiring attorneys and taking cases to trial. Enactment of this bill could impact the workloads of the courts, district attorneys, public defenders, and department of corrections.
BOC/gm