Bill Text: MI HB4073 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; gangs; gang participation; prohibit, and provide a penalty. Amends sec. 411u of 1931 PA 328 (MCL 750.411u).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-25 - Bill Electronically Reproduced 01/24/2017 [HB4073 Detail]
Download: Michigan-2017-HB4073-Introduced.html
HOUSE BILL No. 4073
January 24, 2017, Introduced by Rep. Kesto and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 411u (MCL 750.411u), as added by 2008 PA 564.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
411u. (1) If a person who is an associate or a member of
a
gang commits a felony or attempts to commit a felony and the
person's
association or membership in the gang provides the motive,
means,
or opportunity to commit the felony, the person is guilty of
a
felony punishable by imprisonment for not more than 20 years. As
used
in this section:
(a)
"Gang" means an ongoing organization, association, or
group
of 5 or more people, other than a nonprofit organization,
that
identifies itself by all of the following:
(i) A unifying mark, manner, protocol, or method of
expressing
membership,
including a common name, sign or symbol, means of
recognition,
geographical or territorial sites, or boundary or
location.
(ii) An established leadership or command structure.
(iii) Defined membership criteria.
(b)
"Gang member" or "member of a gang" means a person who
belongs
to a gang.
(2)
A sentence imposed under this section is in addition to
the
sentence imposed for the conviction of the underlying felony or
the
attempt to commit the underlying felony and may be served
consecutively
with and preceding any term of imprisonment imposed
for
the conviction of the felony or attempt to commit the felony.
(1) A person who actively participates in a gang as a gang
member, who knowingly acts in the capacity of an agent or accessory
for a gang, or who promotes, furthers, or assists in any criminal
conduct by members of a gang that constitutes a felony is guilty of
a felony punishable by imprisonment for not more than 10 years or a
fine of not more than $10,000.00, or both. The court may order a
term of imprisonment imposed under this subsection to be served
consecutively to a term of imprisonment for any other conduct
committed by the person while violating this subsection that
constitutes a felony.
(2) As used in this section:
(a) "Gang" means a formal or informal organization,
association, or group of 3 or more persons having as 1 of its
primary activities the commission of 1 or more criminal acts that
are felonies, having a common name or identifying sign or symbol or
whose members or associates individually or collectively engage in
or have been engaged in a pattern of criminal activity constituting
1 or more felonies.
(b) "Gang member" means a person who meets at least 3 of the
following criteria:
(i) Admits to gang membership either verbally, through social
networking, or in other correspondence.
(ii) Is identified as a gang member by a parent or guardian.
(iii) Is identified as a gang member by a documented reliable
informant.
(iv) Adopts the style of dress of a gang.
(v) Adopts the use of a hand sign or hand signal identified as
used by a gang.
(vi) Has a tattoo identified as used by a gang.
(vii) Associates with 1 or more known gang members.
(viii) Is identified as a gang member by an informant of
previously untested reliability if that identification is
corroborated by independent information.
(ix) Is identified as a gang member by physical evidence that
is not limited to personal items bearing specific gang tagging. For
purposes of this subparagraph, "tagging" means placing an
identifying mark on any item for the purpose of showing gang
identification or affiliation, including through the use of
graffiti. Tagged items include those found in an individual's
living area and public and private property that is marked to show
gang ownership of a particular area or to mark territory.
(x) Is observed in the company of 1 or more known gang members
on 4 or more occasions. Observation in a custodial setting under
this subparagraph requires the exhibition of willful association.
It is the intent of the legislature to allow this criterion to be
used to identify gang members who recruit and organize in jails,
prisons, and other detention settings.
(xi) Authors any communication indicating responsibility for
the commission of any crime by the criminal gang.
(xii) Indicates gang membership, including through self-
publication using social media.
(xiii) Is arrested more than once in the company of identified
gang members who act in a manner consistent with usual gang
activity.
(xiv) Is stopped in the company of known gang members on 3 or
more occasions.
(c) "Pattern of criminal activity" means 1 or more of the
following:
(i) The conviction of 1 or more members of a gang for the
commission, attempted commission, or solicitation to commit 2 or
more felony offenses.
(ii) The conviction of 1 or more members of a gang for the
commission, attempted commission, or solicitation to commit 2 or
more violent misdemeanor offenses.
(iii) The conviction of 1 or more members of a gang of any
combination of any offenses described in subparagraphs (i) and
(ii).
(d) "Violent misdemeanor offense" means 1 or more of the
following:
(i) An assaultive offense.
(ii) Any offense in which a weapon is used in the commission
of the offense.
(iii) Any domestic abuse offense.
(iv) Any criminal sexual conduct offense.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
