CHAPTER 379
SB 507-FN – FINAL VERSION
03/06/08 0857s
06/04/08 2079CofC
06/05/08 2179eba
2008 SESSION
04/09
SENATE BILL 507-FN
AN ACT relative to criminal street gangs and establishing a commission to study the scope of criminal street gang violence in New Hampshire and methods of addressing such violence.
SPONSORS: Sen. Gatsas, Dist 16; Sen. Barnes, Dist 17; Sen. Cilley, Dist 6; Sen. Clegg, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Downing, Dist 22; Sen. Foster, Dist 13; Sen. Gallus, Dist 1; Sen. Kenney, Dist 3; Sen. Odell, Dist 8; Sen. Roberge, Dist 9
This bill provides for extended terms of imprisonment for offenses committed by criminal street gang members and establishes the crime of criminal street gang solicitation. The bill also establishes a commission to study the scope of criminal street gang violence in New Hampshire and methods of addressing such violence.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/08 0857s
06/04/08 2079CofC
06/05/08 2179eba
08-2742
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to criminal street gangs and establishing a commission to study the scope of criminal street gang violence in New Hampshire and methods of addressing such violence.
Be it Enacted by the Senate and House of Representatives in General Court convened:
379:1 Extended Term of Imprisonment; Criminal Street Gang Members. Amend RSA 651:6, I (o) and (p) to read as follows:
(o) Has purposely, knowingly, or recklessly with extreme indifference to the value of human life committed an act or acts constituting first degree assault as defined in RSA 631:1 against a person under 13 years of age where the serious bodily injury has resulted in brain damage or physical disability to the child that is likely to be permanent; [or]
(p) Has committed murder as defined in RSA 630:1-b against a person under 13 years of age[.]; or
(q) Has knowingly committed any of the following offenses as a criminal street gang member, or for the benefit of, at the direction of, or in association with any criminal street gang, with the purpose to promote, further, or assist in any such criminal conduct by criminal street gang members:
(1) Violent crime as defined in RSA 651:5, XIII.
(2) A crime involving the distribution, sale, or manufacture of a controlled drug under RSA 318-B:2.
(3) Class A felony theft where the property stolen was a firearm.
(4) Unlawful sale of a pistol or a revolver.
(5) Witness tampering.
(6) Criminal street gang solicitation as defined in RSA 644:20.
379:2 Extended Term of Imprisonment; Criminal Street Gang Member Defined. Amend RSA 651:6, I-a to read as follows:
I-a. As used in this section[,]:
(a) “Law enforcement officer” [is] means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer.
(b) “Criminal street gang member” means an individual to whom 2 or more of the following apply:
(1) Admits to criminal street gang membership;
(2) Is identified as a criminal street gang member by a law enforcement officer, parent, guardian, or documented reliable informant;
(3) Resides in or frequents a particular criminal street gang’s area and adopts its style of dress, its use of hand or other signs, tattoos, or other physical markings, and associates with known criminal street gang members; or
(4) Has been arrested more than once in the company of individuals who are identified as criminal street gang members by law enforcement, for offenses that are consistent with usual criminal street gang activity.
(c) “Criminal street gang” means a formal or informal ongoing organization, association, or group of 3 or more persons, which has as one of its primary objectives or activities the commission of criminal activity, whose members share a common name, identifying sign, symbol, physical marking, style of dress, or use of hand sign, and whose members individually or collectively have engaged in the commission, attempted commission, solicitation to commit, or conspiracy to commit 2 or more the following offenses, or a reasonably equivalent offense in another jurisdiction, on separate occasions within the preceding 3 years:
(1) Violent crimes, as defined in RSA 651:5, XIII;
(2) Distribution, sale, or manufacture of a controlled drug in violation of RSA 318-B:2;
(3) Class A felony theft;
(4) Unlawful sale of a pistol or revolver; or
(5) Witness tampering.
379:3 New Section; Breach of Peace and Other Offenses; Criminal Street Gangs. Amend RSA 644 by inserting after section 19 the following new section:
644:20 Criminal Street Gang; Solicitation. Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.
379:4 Commission Established. There is established a commission to study the scope of criminal street gang violence in New Hampshire and methods of addressing such violence.
379:5 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, one of whom shall be from the criminal justice and public safety committee and one of whom shall be from the finance committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The governor, or designee.
(d) The attorney general, or designee.
(e) The commissioner of the department of corrections, or designee.
(f) An individual responsible for enforcing the liquor laws in New Hampshire, appointed by the governor.
(g) The director of the division for juvenile justice services, department of health and human services, or designee.
(h) A representative from Child and Family Services of New Hampshire, appointed by the governor.
(i) The director of the division of state police, department of safety, or designee.
(j) The chief of police for the city of Manchester, or designee.
(k) The chief of police for the city of Nashua, or designee.
(l) The chief of police for the city of Rochester, or designee.
(m) The chief of police for a town with a population of less than 10,000, appointed by the governor.
(n) The president of the New Hampshire Association of Chiefs of Police, or designee.
(o) The president of the New Hampshire Sheriffs Association, or designee.
(p) The head of the Rockingham County Gang Task Force, or designee.
(q) A representative of the New Hampshire Civil Liberties Union, appointed by the governor.
(r) A representative of the New Hampshire Association of Criminal Defense Lawyers, appointed by the governor.
(s) The United States Attorney for the District of New Hampshire, or designee.
(t) The United States Marshal for the District of New Hampshire, or designee.
(u) The head of the United States Drug Enforcement Agency task force in New Hampshire, or designee.
(v) The head of the United States Department of Homeland Security in New Hampshire, or designee.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
379:6 Duties. The commission shall:
I. Study the scope of criminal street gang violence in New Hampshire.
II. Study the methods other states have used to address criminal street gang violence.
III. Study the feasibility of establishing a unified statewide task force to respond to criminal street gang violence in New Hampshire.
IV. Solicit the advice and expertise of any individual or organization with information relevant to the issue of criminal street gang violence.
V. Study any other issues related to addressing criminal street gang violence that the commission deems necessary.
379:7 Chairperson; Quorum. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 30 days of the effective date of this section. Seven members of the commission shall constitute a quorum.
379:8 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2009.
379:9 Effective Date.
I. Sections 1-3 of this act shall take effect March 31, 2009.
II. The remainder of this act shall take effect upon its passage.
Approved: July 11, 2008
Effective Date: I. Sections 1-3 shall take effect March 31, 2009.
II. Remainder shall take effect July 11, 2008.