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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, RAFFERTY, ERICKSON, BAKER, YUDICHAK, WOZNIAK, SMUCKER, YAW, ALLOWAY, D. WHITE, TARTAGLIONE, COSTA, FERLO AND FARNESE, SEPTEMBER 19, 2012 |
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| REFERRED TO JUDICIARY, SEPTEMBER 19, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, providing for the offense of recruiting criminal |
4 | street gang members and for sentencing for offenses committed |
5 | in association with a criminal street gang. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Chapter 51 of Title 18 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding a subchapter to read: |
10 | SUBCHAPTER C |
11 | CRIMINAL STREET GANGS |
12 | Sec. |
13 | 5131. Recruiting criminal street gang members. |
14 | § 5131. Recruiting criminal street gang members. |
15 | (a) Offense defined.--A person commits the offense of |
16 | recruiting criminal street gang members by: |
17 | (1) knowingly soliciting, inviting, encouraging or |
18 | otherwise causing or attempting to cause a person to |
19 | participate or remain in a criminal street gang; |
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1 | (2) knowingly using physical menace, force, threats or |
2 | other intimidation causing or attempting to cause a person to |
3 | participate or remain in a criminal street gang; or |
4 | (3) knowingly inflicting serious bodily injury as |
5 | defined in section 2301 (relating to definitions) on any |
6 | person causing or attempting to cause a person to participate |
7 | or remain in a criminal street gang. |
8 | (b) Grading.-- |
9 | (1) An offense under subsection (a)(1) is a misdemeanor |
10 | of the second degree. Except as provided for in this |
11 | subsection, an offense under subsection (a)(2) is a |
12 | misdemeanor of the first degree and an offense under |
13 | subsection (a)(3) is a felony of the third degree. |
14 | (2) A violation of subsection (a)(2) or (3) in which the |
15 | subject of the recruiting is under 16 years of age is a |
16 | felony of the third degree. |
17 | (c) Defenses.--It shall not be a defense to this offense |
18 | that the subject of the recruiting did not join, participate or |
19 | remain in a criminal street gang. |
20 | (d) Liability for other violations of statutes.--This |
21 | section shall not be construed to limit prosecution under any |
22 | other provision of law. |
23 | (e) Definition.--As used in this section, the term "criminal |
24 | street gang" means a formal or informal ongoing organization, |
25 | association or group, with or without an established hierarchy, |
26 | that has as one of its primary activities the commission of |
27 | criminal or delinquent acts and that consists of three or more |
28 | persons who have a common name or common identifying signs, |
29 | colors or symbols that law enforcement personnel use to identify |
30 | the groups or subgroups. |
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1 | Section 2. Title 42 is amended by adding a section to read: |
2 | § 9720.4. Sentencing for offenses committed in association with |
3 | a criminal street gang. |
4 | (a) Sentencing enhancement.--In addition to any minimum term |
5 | of imprisonment authorized or established by law for the |
6 | offense, the Pennsylvania Commission on Sentencing shall provide |
7 | for a sentence enhancement within its guidelines for a crime of |
8 | violence, as defined in section 9714(g) (relating to sentences |
9 | for second and subsequent offenses), a violation of 18 Pa.C.S. § |
10 | 5131(a)(3) (relating to recruiting criminal street gang members) |
11 | or a violation of section 13(a)(30) of the act of April 14, 1972 |
12 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
13 | Device and Cosmetic Act, if the offense was knowingly committed |
14 | at the direction of or for the purpose of benefiting, promoting |
15 | or furthering the interests of a criminal street gang. |
16 | (b) Proof at sentencing.--The provisions of this section |
17 | shall not be an element of the crime, and notice of the |
18 | provisions of this section to the defendant shall not be |
19 | required prior to conviction, but reasonable notice of the |
20 | Commonwealth's intention to proceed under this section shall be |
21 | provided after conviction and before sentencing. |
22 | (c) Applicability.--The applicability of this section shall |
23 | be determined at sentencing. The court shall consider any |
24 | evidence presented at trial and shall afford the Commonwealth |
25 | and the defendant an opportunity to present any necessary |
26 | additional evidence and shall determine, by a preponderance of |
27 | the evidence, if this section is applicable. |
28 | (d) Definition.--As used in this section, the term "criminal |
29 | street gang" means a formal or informal confederation, alliance, |
30 | network, conspiracy, understanding or similar conjoining of |
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1 | persons who operate individually or collectively as a group or |
2 | subgroup, with or without an established hierarchy, that, |
3 | through its membership obtained by pledge, oath, swearing, |
4 | ritual, distinct membership markings, symbolism, common |
5 | identifiers or other criteria that law enforcement personnel use |
6 | to identify the groups or subgroups, engages in criminal |
7 | activity. |
8 | Section 3. This act shall take effect in 60 days. |
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