6041 AMH WINE NEID 2

SB 6041 - H AMDS 1326 ADOPTED 3-4-94

By Representative Wineberry and others

     On page 3, beginning on line 27, strike all material through "acts." on line 30, and insert:

     "(13) "Criminal gang-related activity" is defined as illegal activity collectively engaged in by a group of three or more persons whose intent is to further the unlawful enterprise of a criminal gang."

     On page 12, beginning on line 36, strike all material through "members." on line 39, and insert:

     "(h) The offense was motivated by an intent to further criminal gang-related activity as defined in RCW 9.94A.030(13)."

EFFECT:  The amendment adopts language developed in case law which makes clear that the exceptional sentence is justified for criminal gang-related activity, not simply for membership in a criminal gang.