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HB 0213 - Criminal street gang activity; school safety zones; increase penalty

Tracking Level: Monitor
Sponsor: Davis,Steve 109th
Last Action: 1/30/2009 - House Second Readers
House Committee: JudyNC
Assigned To:
School SafetyNext Bill

Staff Analysis of the Legislation

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:
    • 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.
      • 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.

 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text