Staff Analysis of the Legislation
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SUMMARY:
This bill would amend Code Section 16-15-4 of O.C.G.A. to prohibit criminal street gang activity and increase penalties if the activity occurs in a school safety zone.
REQUIREMENTS:
- The bill would increase penalties for committing a crime related to street gang activity by a mandatory additional two years.
NOTES:
- The law that this bill would amend already contains:
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- Unlawful for person employed by or associated with a criminal street gang to participate in criminal gang activity;
- Unlawful to commit an offense with knowledge that members of the gang have committed one or more of such offenses;
- Unlawful for person to commit offense with the intent to maintain or increase his or her status or position in the gang;
- Unlawful to acquire, maintain--directly or indirectly—proceeds from criminal activity;
- Unlawful for person who occupies position as organizer, supervisor, or other management position to engage in criminal gang activity;
- Unlawful for anyone to recruit for criminal gang activity;
- Unlawful for anyone to try to interfere with a person attempting to deter another person from participating in gang activity;
- Unlawful to retaliate against a person or family member or associate of gang member who withdraws from the gang.
- Penalty for not less than 5 nor more than 15 years or by a fine of not less than $10,000 or more than $15,000.
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- Organizer, manager, supervisor, etc. can get an additional 10 years, served consecutively to other penalties imposed;
- Person who encourages criminal activity, or person who threatens associates or family members for withdrawal of gang member, or person who threatens someone who tries to prevent a gang member from participation in gang activity can get and additional 3-10 years.
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