HOUSE BILL REPORT

                 SHB 2344

                  As Amended by the Senate

Title:  An act relating to participation in criminal street gangs.

Brief Description:  Prescribing penalties for criminal street gang activities.

Sponsor(s):  By House Committee on Judiciary (originally sponsored by Representatives Ludwig, Vance, Riley, Paris, Neher, Broback, Mielke, Scott, Tate, H. Myers, Rayburn, Roland, Orr, Lisk, Zellinsky, Dellwo, Dorn, Jacobsen, Winsley, Van Luven, Nealey, Forner, G. Fisher, Kremen, Heavey, Chandler, Fuhrman, Bray, Mitchell, Bowman, Horn, Carlson, Sprenkle and Hochstatter).

Brief History:

  Reported by House Committee on:

Judiciary, February 6, 1992, DPS;

Passed House, February 17, 1992, 90-7;

Amended by Senate.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 14 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Broback; Forner; Inslee; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; and Vance.

Minority Report: Do not pass.  Signed by 3 members:  Representatives Belcher; Hargrove; and R. Meyers.

Staff:  Bill Perry (786-7123).

Background:  There has been increasing concern in recent years about the phenomenon of "street gang" criminal activity.  Street gangs are often associated with illegal drug activity and various crimes of violence, including "drive-by" shootings and inter-gang warfare.

A person who commits any of these crimes is, of course, subject to prosecution.  A person may also be criminally liable for an "anticipatory" offense involving a crime.  Anticipatory offenses include attempting to commit a crime or conspiring with another to commit a crime.  However, anticipatory offenses require that the defendant, or a co-conspirator, has taken "a substantial step" toward the commission of the crime.

Under the state's criminal profiteering law, a person may also be convicted of the crime of "leading organized crime."  This offense is committed by a person who organizes or directs three or more others with the intent to engage in a pattern of criminal profiteering, or who incites others to violence in furtherance of a pattern of criminal profiteering.  Criminal profiteering is defined as commission, attempt to commit, or conspiracy to commit any one of a number of crimes including murder, assault, theft, gambling, extortion, arson, promoting prostitution or pornography, and drug dealing.  A "pattern" of profiteering means three such crimes within five years, not counting any time spent in prison, if all three crimes exhibit the same or similar intent, results, accomplices, principals, victims, or methods, or are otherwise interrelated by distinguishing characteristics.

Generally, statutes that attempt to make mere membership in an organization illegal will be found unconstitutional as an infringement on the right of association.  Some states, including California, have enacted street gang laws that make membership in gangs illegal when coupled with some element of intent to further criminal activity.

Summary of Bill:  Committing any felony in association with, or at the direction of, or for the benefit of a criminal street gang is an aggravating circumstance under the Sentencing Reform Act.  That aggravating circumstance may be used to justify an exceptional sentence beyond the standard range provided for the felony.

A "criminal street gang" is defined as an ongoing association of three or more persons that has crime as one of its primary activities, has a common name, and whose members individually or collectively engage in a pattern of criminal activity.  A pattern of criminal gang activity means commission, attempted commission, or solicitation of two or more crimes within one year when the crimes are committed on separate occasions or by two or more persons.

EFFECT OF SENATE AMENDMENT(S): The Senate amendment adds a provision to encourage programs for preventing youth from joining street gangs.  A youth gang violence reduction program is established to develop a positive prevention and intervention pilot program for elementary and secondary school youth.  The program calls for multi-agency cooperation at the state level, along with efforts of business and local government.

The Department of Community Development may contract with school districts, developing proposals to curtail violence and reduce drop-out rates, by using broad-based community and business support, and a "retreat" format.  The Gang Risk Prevention and Intervention Pilot Program includes the elements of:  counseling for targeted at-risk students, including their parents and families; exposure to positive sports and cultural activities; job and job search training; positive interaction with law enforcement; and cultural awareness retreats at facilities provided by the division of juvenile rehabilitation.

The Department of Labor and Industries is to provide assistance with apprenticeship programs.  The assistance includes presentation of a joint apprenticeship mentor program at cultural awareness retreats.

The Employment Security Department is to provide job counselors to assist at cultural awareness retreats by providing information and testing and by coordinating the involvement of small business owners and corporate managers in a "business mentor program."

These provisions are contingent upon funding in the Omnibus Appropriations Act.

Fiscal Note:  Not requested.

Effective Date:  The bill takes effect July 1, 1992.

Testimony For:  (Original bill):  The bill will help deter kids from joining gangs.  The presence of an aggravating factor at sentencing will be particularly useful.

Testimony Against:  (Original bill):  The bill will lead to discrimination against youths based on their appearance.  The criminal law should concentrate on persons' criminal acts, not their membership in groups.  Judges can already consider gang activity in giving exceptional sentences.

Witnesses:  Mike Redman, Washington Association of Prosecuting Attorneys (in favor); John Ringer and Barry McColeman, Tacoma Police Department (in favor); Wayne Perryman, Campus Violence Consultants (opposed); Harriet Walden, Mothers Against Police Harassment (opposed); Omari Salisbury (opposed); Michael Hanbey, Washington Association of Criminal Defense Lawyers (opposed); Jerry Sheehan, American Civil Liberties Union (opposed); and Leo Port, Seattle Police Department (opposed in part).

VOTE ON FINAL PASSAGE:

Yeas 90; Nays 7; Absent 1

Nays:  Representatives Belcher, Braddock, Franklin, Hargrove, Meyers R, Nelson, Riley

Absent:  Representative Sommers H