ASSEMBLY, No. 974

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman GEIST

An Act concerning criminal gang membership and supplementing Title 2C of the New Jersey Statutes.

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

    1. a. Notwithstanding any other provision of law to the contrary, any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any criminal conduct by members of that gang is guilty of a crime of the fourth degree.

    b. As used in this section:

            (1) "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

            (2) "pattern of criminal activity" means the commission or attempted commission of any of the following crimes:

    (1) murder;

    (2) kidnapping;

    (3) gambling;

    (4) promoting prostitution;

    (5) obscenity;

    (6) robbery;

    (7) bribery;

    (8) extortion;

    (9) arson;

    (10) burglary;

    (11) theft and related crimes;

    (12) forgery and fraudulent practices;

    (13) unlawful manufacture, purchase, use or transfer of firearms;

    (14) unlawful possession or use of destructive devices or explosives; or

    (15) violation of chapter 35 of Title 2C of the New Jersey Statutes.

    2. This act shall take effect immediately.

STATEMENT

    This bill would make it a crime of the fourth degree for any person to actively participate in any criminal street gang with the knowledge that its members engage in a pattern a criminal gang activity. The bill defines criminal street gang as any ongoing organization or group of three or more persons having as one of its primary activities the commission of one of the crimes enumerated in the bill and having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern or criminal gang activity. The bill goes on to identify pattern of criminal activity to mean the commission or attempted commission of any of the following crimes: murder, kidnapping, gambling, promoting prostitution, obscenity, robbery bribery, extortion, arson, burglary, theft and related crimes, forgery and fraudulent practices, unlawful manufacture, purchase, use or transfer of firearms, unlawful possession or use of destructive devices, or any drug violation.

Makes it a crime of the fourth degree to participate in criminal street gangs.