SENATE, No. 2345

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED AUGUST 11, 2014

 


 

Sponsored by:

Senator  JENNIFER BECK

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Expands and clarifies definition of gang criminality.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the crime of gang criminality and amending P.L.2007, c.341. 

 

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

 

     1.  Section 1 of P.L.2007, c.341 (C.2C:33-29) is amended to read as follows: 

     a.  A person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang related activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice, any specified gang crime [specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9].  A crime is committed while involved in a criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang. 

     ["Criminal street gang" means three or more persons associated in fact.  Individuals are associated in fact if:  (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.]   

     b.    Grading.  Gang criminality is a crime of one degree higher than the most serious underlying specified gang crime referred to in subsection [a.] c. of this section, except that where the underlying crime is a crime of the first degree, gang criminality is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years. A sentence imposed upon conviction of the crime of gang criminality shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying [offense] specified gang crime referred to in subsection [a.] c. of this section. 

     c.  For the purposes of this section:

     "Criminal street gang" means three or more persons associated in fact who have engaged in a pattern of criminal gang activity.  Individuals are associated in fact if any two of the following seven criteria that indicate criminal street gang membership apply: (1) self-proclamation; (2) witness testimony or official statement; (3) written or electronic correspondence; (4) paraphernalia or photographs; (5) tattoos; (6) clothing or colors; or (7) any other indicia of street gang activity.  A pattern of criminal gang activity requires that persons associated in fact, individually or in combination with others, while engaging in gang related activity, have committed or conspired or attempted to commit two or more specified gang crimes, including the present offense, on separate occasions within five years of each other.

     “Specified gang crime” means any crime specified in chapters 11 through 18, 20, 28, 33, 35, 37, or 41 of Title 2C of the New Jersey Statutes; section 1 of P.L.1998, c.102 (C.2C:24-9); N.J.S.2C:27-2; N.J.S.2C:27-3; N.J.S.2C:29-3; N.J.S.2C:29-8; section 1 of P.L.2007, c.127 (C.2C:29-10); N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9.      

(cf:  P.L.2007, c.341, s.1)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill revises certain provisions of State law establishing the crime of gang criminality. 

     Under current law, a person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang activity, the person commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice: criminal homicide; assault, endangering, threats; kidnapping and related offenses; sexual offenses; robbery and carjacking; bias crimes; arson and other property destruction; burglary and trespass; theft and related offenses; riot and disorderly conduct; controlled dangerous substance offenses; gambling; prostitution; and certain offenses involving weapons. 

     The bill simplifies the definition of gang criminality by reorganizing these enumerated crimes, as well as several additional crimes, into a new definition of “specified gang crime.”  The additional crimes included in this definition are:  racketeering; employing a juvenile in commission of a crime; bribery in official and political matters; threats and other improper influence in official and political matters; hindering apprehension or prosecution; corrupting or influencing a jury; and unlawful possession of electronic communication device within correctional or detention facilities.  The bill also simplifies the definition by cross-referencing specified gang crime rather than listing two sets of predicate crimes as in the current law.  These changes will result in a more intelligible jury instruction and enhance a prosecutor’s ability to explain how the proofs fit into the elements of the crime.  

     The bill further clarifies the definition of a criminal street gang to allow for a pattern of criminal gang activity to be established using present offenses.  Currently, proof of prior gang-related crimes appears to be necessary; under the bill, proof of a gang-related crime in a current investigation would support a charge.