05 LC 28
2067
Senate
Bill 58
By: Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th, Pearson of the 51st and others
By: Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th, Pearson of the 51st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16_15_3 of the Official Code of Georgia Annotated, relating
to definitions relating to street gang terrorism and prevention, so as to change
and add certain definitions; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16_15_3 of the Official Code of Georgia Annotated, relating to
definitions relating to street gang terrorism and prevention, is amended by
striking the Code section and inserting in lieu thereof a new Code Section
16_15_3 to read as follows:
"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
at least one
of whom has committed one or more of the offenses
enumerated in paragraph (2) of this Code
section within
the past three years. The existence of
such organization, association, or group of individuals associated in fact may
be established by evidence of
such things
as, but not limited to, a common name or
common identifying signs, symbols, tattoos, graffiti,
or
attire,
actions, words, 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
one
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
while a member
of a criminal street gang:
(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 creating any form of
graffiti on the property of another;
(I)
Any criminal offense designated a felony in the State of Georgia, any criminal
offense designated a felony in any other state or the United States, any
criminal offense punishable by one year or more imprisonment in any state or the
United States, or any act committed in any other state or the United States
which, if committed in the State of Georgia, would constitute a felony or would
be punished by one year or more imprisonment; and
(J)
Any criminal offense in the State of Georgia, any other state, or the United
States that involved 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.
The
commission of any offense enumerated in this paragraph 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
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.