05 LC 25
3830
House
Bill 130
By:
Representatives Marin of the
96th,
Floyd of the
99th,
Thomas of the
100th,
Coan of the
101st,
Heard of the
104th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the
"Georgia Street Gang Terrorism and Prevention Act," so as to change certain
definitions; to change certain provisions relating to the prohibition against
participation in criminal street gang activity; to provide for the admissibility
of certain evidence at trial; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street
Gang Terrorism and Prevention Act," is amended by striking in its entirety Code
Section 16-15-3, relating to definitions, and inserting in lieu thereof the
following:
"16-15-3.
As
used in this chapter, the term:
(1)
'Criminal street gang' means any organization, association, or group of three or
more persons associated in fact, whether formal or informal, which engages in a
pattern of criminal gang activity as defined in paragraph (2) of this Code
section. The existence of such organization, association, or group of
individuals associated in fact may be established by evidence of a common name
or common identifying signs, symbols, tattoos, graffiti, or attire or other
distinguishing characteristics.
(2)
'Pattern of criminal gang activity' means the commission, attempted commission,
conspiracy to commit, or solicitation, coercion, or intimidation of another
person to commit at least two of the following offenses, provided that at least
one of these offenses occurred after July 1, 1998, and the last of such offenses
occurred within three years, excluding any periods of imprisonment, of prior
criminal gang activity:
(A)
Any offense defined as racketeering activity by Code Section
16-14-3;
(B)
Any offense defined in Article 7 of Chapter 5 of this title, relating to
stalking;
(C)
Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy,
16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual
battery;
(D)
Any offense defined in Article 3 of Chapter 10 of this title, relating to escape
and other offenses related to confinement;
(E)
Any offense defined in Article 4 of Chapter 11 of this title, relating to
dangerous instrumentalities and practices;
(F)
Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or
42-5-19, relating to the security of state or county correctional facilities;
and
(G)
Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging
a child to escape from
custody;
(H)
Any offense of criminal trespass or criminal damage to property resulting from
any act of painting on, tagging, marking on, writing on, or otherwise depositing
any form of graffiti on the property of another;
(I)
Any criminal offense designated a felony in this state or any other state or the
United States; any offense punishable by more than one year imprisonment in any
other state or the United States; or any offense committed in any other state
which would constitute a felony if committed in this state; and
(J)
Any criminal offense committed in this state or any other state, district, or
territory that involves the use of violence, possession of a weapon, or the use
of a weapon, whether such act is designated a felony or not, and regardless of
the maximum sentence which could be imposed or was actually imposed for such
offense."
SECTION
2.
Said
chapter is further amended by striking in its entirety Code Section 16-15-4,
relating to the prohibition against participation in criminal street gang
activity, and inserting in lieu thereof the following:
"16-15-4.
(a)
It shall be unlawful for any person employed by or associated with a criminal
street gang to conduct or participate in such criminal street gang through
a pattern
of criminal gang activity
the commission
of any offense enumerated in paragraph (2) of Code Section
16-15-3.
(b)
It shall be unlawful for any person to acquire or maintain, directly or
indirectly, through a pattern of criminal gang activity or proceeds derived
therefrom any interest in or control of any real or personal property of any
nature, including money.
(c)
It shall be unlawful for any person who occupies a position of organizer,
supervisory position, or any other position of management with regard to a
criminal street gang to engage in, directly or indirectly, or conspire to engage
in a pattern of criminal gang activity.
(d)
It shall be unlawful for any person to cause, encourage, solicit, or coerce
another to participate in a criminal street gang.
(e)
It shall be unlawful for any person to communicate, directly or indirectly, with
another any threat of injury or damage to the person or property of the other
person or to any associate or relative of the other person with the intent to
deter such person from assisting a member or associate of a criminal street gang
to withdraw from such criminal street gang.
(f)
It shall be unlawful for any person to communicate, directly or indirectly, with
another any threat of injury or damage to the person or property of the other
person or to any associate or relative of the other person with the intent to
punish or retaliate against such person for having withdrawn from a criminal
street gang.
(g)(1)
Any person who violates subsection (a) or (b) of this Code section shall, in
addition to any other penalty imposed by law, be punished by imprisonment for
not less than
three
five
nor more than 15 years or by a fine of not less than
$5,000.00
$10,000.00
nor more than
$10,000.00
$15,000.00,
or both.
(2)
Any person who violates subsection (c) of this Code section may, in addition to
any other penalty provided by law, be punished by imprisonment for an additional
ten years which shall be served consecutively to any other sentence imposed on
such person by law.
(3)
Any person who violates subsection (d), (e), or (f) of this Code section shall,
in addition to any other penalty provided by law, be punished by imprisonment
for not less than
one
three
nor more than ten years.
(h)
Any crime committed in violation of this Code section shall be considered a
separate
offense."
SECTION
3.
Said
chapter is further amended by inserting at the end thereof the
following:
"16-15-9.
The
commission of any offense enumerated in paragraph (2) 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 the pattern of criminal gang
activity."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.