05 LC 28
2215S
The
Senate Public Safety and Homeland Security Committee offered the following
substitute to SB 58:
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:
(2)(1)
'Pattern of
criminal
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 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 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.
(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
at least one
of whom has committed one or more of the offenses
enumerated in paragraph
(2)
(1)
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
the use of
such things as, but not limited to, a
common name or common identifying
actions,
words, signs, symbols, tattoos,
body
art, graffiti, or attire or other
distinguishing
characteristics."
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.