An Act To Define, Prevent and Suppress Gang Activity in the State
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, criminal street gang activity is a danger to society; and
Whereas, prohibiting the recruitment of children into criminal street gangs will decrease the prevalence of gangs; and
Whereas, this legislation imposes a severe penalty for criminal street gang behavior, which will serve as a deterrent and also decrease the prevalence of criminal street gangs and gang-related behavior; and
Whereas, in order to protect children and society, it is necessary that this legislation take effect as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 17-A MRSA §517 is enacted to read:
§ 517. Criminal street gang solicitation
(1) An assault against a person, as prohibited by section 152-A; section 201; section 202; section 203, subsection 1, paragraphs A and B; section 208; section 208-B; or section 208-C;
(2) A sexual assault, as prohibited by section 253, subsection 1, or section 253, subsection 2, paragraphs A to D;
(3) Kidnapping, as prohibited by section 301;
(4) Criminal restraint, as prohibited by section 302;
(5) A theft offense, as prohibited by section 353, subsection 1, paragraph B, subparagraphs (1) and (2) or section 354, subsection 1, paragraph B, subparagraph (3);
(6) Burglary, as prohibited by section 401;
(7) Robbery, as prohibited by section 651;
(8) Arson, as prohibited by section 802;
(9) Tampering with a witness, juror, informant or victim, as prohibited by section 454; and
(10) A drug offense, as prohibited by section 1103, 1105-A, 1105-B, 1105-C, 1106, 1107-A, 1118, 1119, 1120, 1121, 1122 or 1123.
Sec. 2. 17-A MRSA §1252, sub-§4-F is enacted to read:
(1) "Criminal street gang" has the same meaning as in section 517.
(2) "Criminal street gang member" means an individual to whom 2 or more of the following apply:
(a) The individual admits to criminal street gang membership;
(b) The individual is identified as a criminal street gang member by a law enforcement officer, a parent or guardian of that individual or a reliable informant;
(c) The individual resides in or frequents a particular criminal street gang’s area, adopts the criminal street gang's style of dress or use of hand or other signs, tattoos or other physical markings and associates with known criminal street gang members; and
(d) The individual has been arrested more than once in the company of individuals who are identified as criminal street gang members by a law enforcement officer for offenses that are consistent with usual criminal street gang activity as set out in paragraph B.
(1) An assault against a person, as prohibited by section 152-A; section 201; section 202; section 203, subsection 1, paragraphs A and B; section 208; section 208-B; or section 208-C;
(2) A sexual assault, as prohibited by section 253, subsection 1, or section 253, subsection 2, paragraphs A to D;
(3) Kidnapping, as prohibited by section 301;
(4) Criminal restraint, as prohibited by section 302;
(5) A theft offense, as prohibited by section 353, subsection 1, paragraph B, subparagraphs (1) and (2) or section 354, subsection 1, paragraph B, subparagraph (3);
(6) Burglary, as prohibited by section 401;
(7) Robbery, as prohibited by section 651;
(8) Arson, as prohibited by section 802;
(9) Tampering with a witness, juror, informant or victim, as prohibited by section 454;
(10) A drug offense, as prohibited by section 1103, 1105-A, 1105-B, 1105-C, 1106, 1107-A, 1118, 1119, 1120, 1121, 1122 or 1123; and
(11) Criminal street gang solicitation, as prohibited by section 517.
(1) When the sentencing class for an offense specified in paragraph B is Class A, the court shall enhance the basic term of imprisonment by a minimum of 4 years of imprisonment.
(2) When the sentencing class for an offense specified in paragraph B is Class B, the court shall enhance the basic term of imprisonment by a minimum of 2 years of imprisonment.
(3) When the sentencing class for an offense specified in paragraph B is Class C, the court shall enhance the basic term of imprisonment by a minimum of one year of imprisonment.
In arriving at the final sentence as the 3rd step in the sentencing process pursuant to section 1252-C, paragraph C, the court may not suspend that portion of the maximum term of imprisonment based on the conviction for an offense specified in paragraph B.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill provides definitions of "criminal street gang" and "criminal street gang member" and creates the crime of criminal street gang solicitation. This bill requires the court to impose an enhanced sentence for certain crimes, such as murder, gross sexual assault, robbery, kidnapping, certain theft offenses and trafficking or furnishing of scheduled or synthetic hallucinogenic drugs, when those crimes are committed by a criminal street gang member.