GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 202

Short Title:  Gang Crime/Enhanced Penalties.	(Public)

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Sponsors: Senators Ballantine; Hoyle and McDaniel.

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Referred to:  Judiciary.

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February 20, 1997

A BILL TO BE ENTITLED
AN ACT TO ENHANCE THE PUNISHMENT IMPOSED FOR GANG-RELATED CRIMINAL OFFENSES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 61.
"Street Terrorism Enforcement and Prevention Act.
"§ 14-460.  Definitions.
The following definitions apply in this Article:
(1)	Criminal street gang. – A formal or informal ongoing organization, association, or group of three or more persons who:
a.	Have a common name or common identifying signs, colors, or symbols;
b.	Have member or associates who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.
(2)	Criminal street gang member. –  A person who engages in a pattern of criminal street gang activity and meets two or more of the following criteria:
a.	Admits to criminal street gang membership.
b.	Is a youth under the age of 21 years who is identified as a criminal street gang member by a parent or legal guardian.
c. 	Is identified as a criminal gang member by a documented reliable informant.
d.	Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.
e.	Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.
f.	Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.
g.	Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.
h.	Has been stopped in the company of known criminal street gang members four or more times.
(3)	Pattern of criminal street gang activity.  The commission, attempted commission, or solicitation, by any member of a criminal street gang, of two or more felony or violent misdemeanor offenses, or two or more delinquent acts or violations of law that would be felonies or violent misdemeanors if committed by an adult, on separate occasions within a three-year period.
"§ 14-461.  Legislative findings and intent.
(a)	The General Assembly finds that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals.  It is not the intent of this Chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association.  The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b)	The General Assembly finds, however, that the State is facing a mounting crisis caused by criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes.  These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected.
(c)	It is the intent of the General Assembly to eradicate the terror created by criminal street gangs and criminal street gang members by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, or property which facilitates criminal street gang activity.
"§ 14-462.  Pattern of criminal street gang activity, reclassified penalties.
(a)	A person who commits a felony and who was a member of a criminal street gang at the time of the offense that meets the criteria of a pattern of criminal street gang activity is guilty of a felony that is one class higher than the felony committed.
(b)	A person who commits a misdemeanor who was a member of a criminal street gang at the time of the offense that meets the criteria of a pattern of criminal street gang activity is guilty of a misdemeanor that is one class higher than the misdemeanor committed.  If the offense was a Class A1 misdemeanor, then the defendant is guilty of a Class I felony.
"§ 14-463.  Civil cause of action.
Any person or organization which establishes by clear and convincing evidence that it has been coerced, intimidated, threatened, or otherwise harmed in violation of this Chapter shall have a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or equity.  Upon prevailing in such civil action, the plaintiff may recover reasonable attorneys' fees and costs.
"§ 14-464.  Profits, proceeds, and instrumentalities of criminal street gangs; forfeiture.
Any profits, proceeds, or instrumentalities of criminal activity or any property used, intended, or attempted to be used to facilitate criminal activity of any criminal street gang member shall be subject to seizure and forfeiture.
"§ 14-465.  Crime data information.
Crime information obtained pursuant to this Chapter shall be reported to the Department of Justice."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.