ASSEMBLY, No. 776

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  JON M. BRAMNICK

District 21 (Essex, Morris, Somerset and Union)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Assemblymen Albano, Chivukula and Assemblywoman N.Munoz

 

 

 

 

SYNOPSIS

     Establishes crime of participation in criminal street gang initiation ritual.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning criminal street gangs and supplementing P.L.1999, c.160 (C.2C:33-28).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A person is guilty of the crime of participation in a criminal street gang initiation ritual if, as a prerequisite to joining or actively participating in a criminal street gang he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5.

     b.    Participation in a criminal street gang initiation ritual is a crime of the fourth degree if the underlying offense referred to in subsection a. of this section is a disorderly persons offense or petty disorderly persons offense.  Otherwise, the person commits a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, participation in a criminal street gang initiation ritual is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

     c.     Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for participation in a criminal street gang initiation ritual shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for participation in a criminal street gang initiation ritual.  The court shall impose separate sentences upon a conviction for participation in a criminal street gang initiation ritual and a conviction of any underlying offense.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes the crime of participation in a criminal street gang initiation ritual.  A person is guilty of participation in a criminal street gang initiation ritual if he or she, as a prerequisite to joining or actively participating in a criminal street gang, commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of any of the offenses enumerated in the bill, including: homicide; assault; kidnapping; sexual offenses; robbery and carjacking; property destruction;  burglary and theft; disorderly conduct; and certain weapons offenses. 

     The crime of participation in a criminal street gang initiation ritual is a crime of the fourth degree if the underlying offense is a petty disorderly persons offense or a disorderly persons offense.  Otherwise, it is a crime one degree higher than the underlying offense.

     Under the bill, a sentence for a conviction of participation in a criminal street gang initiation ritual cannot be merged with a conviction for the underlying offense and separate sentences are to be imposed for this crime and the underlying crime.