09 LC
35 1176
House
Bill 213
By:
Representatives Davis of the
109th,
Hatfield of the
177th,
and Walker of the
107th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-15-4 of the Official Code of Georgia Annotated, relating
to prohibiting criminal street gang activity, so as to increase penalties where
a violation of the criminal street gang activity law occurs within a school
safety zone; to provide for related matters; to provide for an effective date
and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-15-4 of the Official Code of Georgia Annotated, relating to
prohibiting criminal street gang activity, is amended to read as
follows:
"16-15-4.
(a)
It shall be unlawful for any person employed by or associated with a criminal
street gang to conduct or participate in criminal street gang activity through
the commission of any offense enumerated in paragraph (1) of Code Section
16-15-3.
(b)
It shall be unlawful for any person employed by or associated with a criminal
street gang to commit any offense enumerated in paragraph (1) of Code Section
16-15-3 with knowledge that members of such criminal street gang have committed
one or more of such offenses.
(c)
It shall be unlawful for any person to commit any offense enumerated in
paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase
his or her status or position in a criminal street gang.
(d)
It shall be unlawful for any person to acquire or maintain, directly or
indirectly, through criminal gang activity or proceeds derived therefrom any
interest in or control of any real or personal property of any nature, including
money.
(e)
It shall be unlawful for any person who occupies a position of organizer,
supervisory position, or any other position of management with regard to a
criminal street gang to engage in, directly or indirectly, or conspire to engage
in criminal gang activity.
(f)
It shall be unlawful for any person to cause, encourage, solicit, or coerce
another to participate in a criminal street gang.
(g)
It shall be unlawful for any person to communicate, directly or indirectly, with
another any threat of injury or damage to the person or property of the other
person or to any associate or relative of the other person with the intent to
deter such person from assisting a member or associate of a criminal street gang
to withdraw from such criminal street gang.
(h)
It shall be unlawful for any person to communicate, directly or indirectly, with
another any threat of injury or damage to the person or property of the other
person or to any associate or relative of the other person with the intent to
punish or retaliate against such person for having withdrawn from a criminal
street gang.
(i)(1)
Any person who violates subsection (a), (b), (c), or (d) of this Code section
shall, in addition to any other penalty imposed by law, be punished by
imprisonment for not less than five nor more than 15 years or by a fine of not
less than $10,000.00 nor more than $15,000.00, or both.
(2)
Any person who violates subsection (e) of this Code section may, in addition to
any other penalty provided by law, be punished by imprisonment for an additional
ten years which shall be served consecutively to any other sentence imposed on
such person by law.
(3)
Any person who violates subsection (f), (g), or (h) of this Code section shall,
in addition to any other penalty provided by law, be punished by imprisonment
for not less than three nor more than ten years.
(4)
Where a person commits any violation of this Code section within a school safety
zone, as defined by subsection (a) of Code Section 16-11-127.1, the required
minimum mandatory sentence imposed shall be increased by an additional two
years.
(j)
Any crime committed in violation of this Code section shall be considered a
separate offense."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply to all offenses
committed on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.