Bill Text: NJ S222 | 2010-2011 | Regular Session | Introduced
Bill Title: Criminalizes participation in criminal street gang.*
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2011-06-13 - Reported from Senate Committee as a Substitute, 2nd Reading [S222 Detail]
Download: New_Jersey-2010-S222-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator SEAN T. KEAN
District 11 (Monmouth)
Senator JENNIFER BECK
District 12 (Mercer and Monmouth)
Co-Sponsored by:
Senator Goodwin
SYNOPSIS
Criminalizes participation in a criminal street gang.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning criminal street gangs and supplementing chapter 33 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. An actor who knowingly joins or actively participates in a criminal street gang commits a crime of the fourth degree. For purposes of this section, the actor shall have the requisite knowledge or purpose if the actor knows that the members engage in some form, though not necessarily which form, of criminal activity. "Criminal street gang" shall have the same meaning as set forth in subsection h. of N.J.S.2C:44-3.
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime of the fourth degree to join or actively participate in a criminal street gang. Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.
As used in the bill, "criminal street gang" means three or more persons associated in fact. Persons are associated in fact if they:
(1) have in common a group name or identifying sign, symbol, tattoo or other physical marking, style of dress or use of hand signs or other indicia of association or common leadership, and
(2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed, conspired or attempted to commit, within the preceding three years, two or more offenses of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, or certain controlled dangerous substance or weapons offenses, regardless of whether they were convicted.
