06 LC 28
2869
House
Bill 1302
By:
Representatives Casas of the
103rd,
Fleming of the
117th,
Everson of the
106th,
Coan of the
101st,
Reese of the
98th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for public safety measures for and from young people; 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 enhanced penalties for
participation in criminal street gang activity; to provide for the admissibility
of certain evidence at trial; to amend Title 20 of the Official Code of Georgia
Annotated, relating to education, so as to change certain provisions relating to
failure to leave school premises after being requested to leave; to change
certain provisions relating to check-in requirements and exceptions; to provide
for related matters; to provide for applicability; to provide an effective date;
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 gang activity' means the commission, attempted commission, conspiracy
to commit, or solicitation, coercion, or intimidation of another person to
commit any of the following offenses on or after July 1, 2006:
(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;
(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 creating any form of
graffiti on the property of another;
(I)
Any criminal offense committed in violation of the laws of the United States or
its territories, dominions, or possessions, any of the several states, or any
foreign nation which, if committed in this state, would be considered criminal
gang activity under this Code section; and
(J)
Any criminal offense in the State of Georgia, any other state, or the United
States that involves violence, possession of a weapon, or use of a weapon,
whether designated as a felony or not, and regardless of the maximum sentence
that could be imposed or actually was imposed.
(1)(2)
'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)(1)
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."
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 (1) of Code Section
16-15-3.
(b)
It shall be
unlawful for any person employed by or associated with a criminal street gang to
commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with
knowledge that members of such criminal street gang have committed one or more
of such offenses.
(c)
It shall be unlawful for any person to commit any offense enumerated in
paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase
his or her status or position in a criminal street gang.
(d)
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)(e)
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)(f)
It shall be unlawful for any person to cause, encourage, solicit, or coerce
another to participate in a criminal street gang.
(e)(g)
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)(h)
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)(i)(1)
Any person who violates subsection
(a), (b),
(c), or
(b)
(d)
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)(e)
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), (g), or
(h) 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)(j)
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 (1) 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 criminal gang
activity."
SECTION
4.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by striking subsections (b) and (c) of Code Section 20-2-1180 and inserting in
lieu thereof new subsections (b), (c), and (c.1) to read as
follows:
"(b)
Any person who
shall not
have
any:
(1)
Is
legitimate
cause or need to be present upon the
premises or within the school safety zone of any public or private school in
this state
who shall
willfully fail
and
willfully
fails to remove himself or herself from
such premises after the principal or designee of such school
shall
request
requests
him or her to do so;
or
(2)
Fails to check in at the designated location as required by subsection (c) of
this Code section and willfully fails to remove himself or herself from such
premises after the principal or designee of such school requests him or her to
do so
shall
be guilty of a misdemeanor of a high and aggravated nature.
(c)
Upon entering any
elementary
or secondary school building between the
official starting time and the official dismissal time, any person who is not a
student at such school, an employee of the school or school system, a school
board member, an approved volunteer following the established guidelines of the
school, or a person who has been invited to or otherwise authorized to be at the
school by a principal, teacher, counselor, or other authorized employee of the
school shall check in at the designated location as stated on posted signs and
provide a reason for his or her presence at the school.
Failure to
check in at the designated location as provided in this subsection shall be
prima-facie evidence that such person is in violation of subsection (b) of this
Code section.
(c.1)
Subsections (b) and (c) of this Code
section
This
subsection shall not apply to
law:
(1)
Law enforcement officers, firefighters,
emergency medical technicians or paramedics, or any public safety or emergency
management officials in the performance of an emergency call or to other persons
making authorized deliveries to the
school.
This subsection shall not apply to
any;
(2)
Any person entering a school which serves
as an official polling place for the purpose of voting on election
day;
or
(3)
Any person attending or participating in
an academic or athletic event while remaining in the authorized area
or a
parent, grandparent, or guardian listed on a
child́s
pick-up list who fails to sign-in while delivering school supplies, food,
clothing, other legitimate business and who has not previously been sanctioned
by school officials for disrupting a
school."
SECTION
5.
This
Act shall become effective on July 1, 2006, and shall apply to all crimes
committed on or after such date. Any offense committed before July 1, 2006,
shall be punishable as provided by the statute in effect at the time the offense
was committed.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.