Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
SYNOPSIS
Upgrades certain penalties for gang criminality committed in a public place.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal street gangs and amending P.L.2007, c.341.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.341 (C.2C:33-29) is amended to read as follows:
1. a. A person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice, any crime specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9. A crime is committed while involved in a criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang.
"Criminal street gang" means three or more persons associated in fact. Individuals are associated in fact if: (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.
b. Grading. Gang criminality is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying crime is a crime of the first degree, gang criminality is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years. A sentence imposed upon conviction of the crime of gang criminality shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying offense referred to in subsection a. of this section.
c. Notwithstanding the provisions of N.J.S.2C:43-6, a person who commits the crime of gang criminality, pursuant to subsection a. of this section, in a public place shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, during which the defendant shall be ineligible for parole, which shall be fixed at 20 years for a first degree crime, except that where the underlying crime is a crime of the first degree, the term shall be fixed at 30 years; 10 years for a second degree crime; and five years for a third degree crime.
In addition, notwithstanding the provisions of N.J.S.2C:43-3, a person who commits the crime of gang criminality, pursuant to subsection a. of this section, in a public place shall be fined $400,000 for a first degree crime; $300,000 for a second degree crime; and $30,000 for a third degree crime.
For the purposes of this subsection, "public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.
(cf: P.L.2007, c.341, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill upgrades the penalties for gang criminality that is committed in a public place.
Under current law, a person is guilty of gang criminality if the person commits certain crimes while involved in a criminal street gang. Currently, gang criminality is a crime of one degree higher than the most serious underlying crime, except that when the underlying crime is a crime of the first degree, gang criminality is a crime of the first degree and, upon conviction, the defendant must be sentenced to a term of imprisonment between 15 and 30 years.
Under the provisions of this bill, a person who commits the crime of gang criminality in a public place must be sentenced to a term of imprisonment by the court, which must include the imposition of a minimum term. Under this bill, the term must be fixed at 20 years for a first degree crime, except that when the underlying crime is a crime of the first degree, it is to be fixed at 30 years; for a second degree crime 10 years; and for a third degree crime five years, during which time the defendant would not be eligible for parole.
In addition, this bill increases the fines for gang criminality that is committed in a public place. Specifically, under this bill, a person who commits the crime of gang criminality in a public place must be fined $400,000 for a first degree crime; $300,000 for a second degree crime; and $30,000 for a third degree crime.