2SSB 5830 - H AMD 629 FAILED 4-19-91

By Representatives Vance, Ludwig, Tate and Padden

On page 9, after line 16, insert:

"NEW SECTION. Sec. 14. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two or more felony or misdemeanor offenses, provided at least one of those offenses occurred after the effective date of this act and the last of those offenses occurred within one year after a prior offense, and the offenses are committed on separate occasions, or by two or more persons.

(2) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that has a common name or common identifying sign or symbol and that has committed one or more criminal offense.

NEW SECTION. Sec. 15. (1) It is a gross misdemeanor for any person to participate actively in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity. For purposes of this chapter "actively participate" means the commission of an offense punishable as a misdemeanor or a felony, which is committed for the benefit of, at the direction of, or in association with, any criminal street gang or with the specific intent to promote, further, or assist in any criminal conduct by members of that gang.

(2) It is a gross misdemeanor for any person willfully to promote, further, assist, or profit from any criminal conduct by members of a criminal street gang.

NEW SECTION. Sec. 16. (1) Any person who is convicted of a felony that is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced in accordance with RCW 9.94A.310. An additional thirty-six months shall be added to the presumptive sentence for any ranked offense if the offender is found to have committed the offense in connection with criminal street gang activity as provided for in this act.

NEW SECTION. Sec. 17. Sections 14 through 16 of this act shall constitute new sections in Title 9 RCW."

EFFECT: The amendment provides enhanced penalties for taking part in criminal gang related activities.

2SSB 5830 - H AMD 629 FAILED 4-19-91

By Representatives Vance, Ludwig, Tate and Padden Vance

On page 1, line 2 of the title, after "sections" insert:

"; adding new sections to Title 9 RCW; and prescribing penalties"