Knotts: General Assembly cracks down on gangs

Filed Under Caucus, Knotts

Senator Jake Knotts is proud to announce the passage of the Criminal Gang Prevention Act among the many accomplishments of the 2007 legislative session. Here are the highlights of the Act:

State Grand Jury Jurisdiction - Places investigation and prosecution of criminal gang activity under the State Grand Jury
Definitions - Defines relevant terms such as criminal gang, criminal gang member, pattern of criminal gang activity, and gang-related incident.
Patterns of gang activity and gang-related incidents are all tied to commissions of crimes - no one prosecuted just because in a gang.
Allows prosecution against criminal gang member for using physical violence or threats to coerce or solicit anyone into actively participating in criminal gang activity or to prevent a gang member from withdrawing from a criminal gang. Penalties: fines up to $5000, imprisonment for up to 5 years, or both. For second or subsequent convictions, fines up to $10,000, imprisonment for up to 10 years, or both.
Additional fines of up to $10,000 might be imposed if a criminal gang member who violated this section used a firearm or any other deadly weapon.
Allows prosecution if a gang member threatens or by force prevents or attempts to prevent a witness from testifying in a trial concerning any criminal activity. Penalties include fines up to $10,000, imprisonment for up to 10 years, or both.
Provides a civil cause of action so that victims of coercion to join a gang or witnesses who have been threatened may sue a criminal gang member or the criminal gang for three-times the amount in actual damages, for punitive damages, for an injunction, or any other appropriate relief. If the plaintiff wins, he or she would also be able to recover reasonable attorney’s fees and costs.
Allows seizure of firearms, ammunition, dangerous weapons, records, money, negotiable instruments, contraband and any asset owned or titled in the name of the gang or gang member, and valuables when the weapons or the moneys have been used to further criminal gang activities.
Provides procedures to protect due process rights and innocent third parties who had no knowledge their property was being used to further criminal gang activity. Also changes burden of proof to prosecutor for showing that property is subject to forfeiture.
Protects the identity of an informant and identifying information relating to an informant, and exempts from discovery any information exempted by the FOI laws.
Provides that a correctional facility would notify the sheriff of the county or the chief of police of a municipality in which an initial crime was committed when a criminal gang member is released if that is where the gang member intends to reside.
Establishes a gang database under SLED based on the same criteria used by the FBI in its Violent Gang and Terrorist Organization File of the FBI’s National Crime Information Center. Will allow sharing of input from and sharing information with state, county, and municipal law enforcement agencies about criminal gang members in the Violent Gang and Terrorist File and the state gang database. However, information from the database will be exempted from FOIA requests.

Amendments that the House added and Senate concurred:

15-member committee created to study and keep informed of issues and problems concerning criminal gang activities. Report to be filed by January 30, 2008. Committee composed of Attorney General, (chair), 3 Senate and 3 House members; SLED; Sheriff’s Association, DJJ, DOC, DSS, Municipal Association, and 2 people appointed by the Governor, one of which must be a member of a faith-based community.
Community Safety Anti-gang matching grants program established with in the Budget and Control Board to provide funding for local programs to prevent youth idleness and intervene with at-risk youths. Will be available in the amount that the General Assembly provides.
Clarifies that no city, county, or state agency may collect a fee for destruction of records when charges against a person are dismissed, or a person is found innocent.
Provisions for prosecuting illegal graffiti: 1st offense- misdemeanor; fine of $1000; imprisonment for between 30-90 days; 2nd or subsequent offense within 10 years of 1st- misdemeanor; fine of $2500; imprisonment for not more than 1 year; 3rd or subsequent offense within 10 years of 1st offense- misdemeanor; fine of $3000; imprisonment of not more than 3 years.

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