Signed by Governor Matt Bevin

Vote Smart's Synopsis:

A vote to pass a bill that amends the definitions of language pertaining to gang violence.

Highlights:

• Defines “criminal gang” as any alliance, network, conspiracy, or group that (Sec. 1):

• Consists of three or more persons who have any of the following in common:

• Name;

• Identifying hand signal or sign;

• Symbols;

• Geographical location; or

• Leader;

• Has been identified or prosecuted as a gang by the Commonwealth, or another state or any federal law enforcement agency; and

• Has two or more members who, individually or collectively, through its members or actions of its members engage in or have engaged in a pattern of criminal activity.

• Defines “pattern of criminal gang activity” as acts performed on separate occasions within a five year period by any member or members of a criminal gang for the commission, attempt, or solicitation of, or conspiracy to commit (Sec. 1):

• Two or more felony offenses;

• Three or more of the misdemeanor offenses enumerated in Section 5 of this Act; or

• A combination of at least one felony offense and one of the misdemeanor offenses enumerated in Section 5 of this Act.

• Specifies that any individual eighteen years old or older is guilty of criminal gang recruitment in the first degree if they solicit or entice any individual under fifteen to join a criminal gang, and require the commission of a crime as a condition of gang membership (Sec. 2).

• Classifies criminal gang recruitment in the first degree as a Class C felony for the first offense and a Class B felony for a second or following offense (Sec. 2).

• Specifies that any individual over eighteen years old is guilty of criminal gang recruitment in the second degree if they solicit or entice any individual to join a criminal gang or intimidates or threatens another individual because this individual (Sec. 2):

• Refuses to join a criminal gang;

• Leaves or tries to leave a criminal gang; or

• Does not carry out orders or demands made by a criminal gang.

• Classifies criminal gang recruitment in the second degree as a Class D felony for the first offense and a Class C felony for a second or following offense (Sec. 2).

• Specifies that any individual under eighteen is guilty of criminal gang recruitment in the third degree if they intentionally solicit or encourage any individual to join a criminal gang (Sec. 2).

• Classifies criminal gang recruitment in the third degree as a Class A misdemeanor for the first offense and a Class D felony for a second or following offense (Sec. 2).

• Amends the definition of “criminal syndicate” to mean three or more individuals, or, in the case of selling stolen merchandise, two or more individuals, collaborating to promote or engage in any of the criminal acts mentioned in the following highlight on a continual basis (Sec. 2).

• Defines “criminal gang syndicate” as three or more individuals acting as a part of or members of a criminal gang and collaborating to promote or engage in any of the following on a continual basis (Sec. 2):

• Extortion or coercion in violation;

• Engaging in, promoting, or permitting prostitution or human trafficking;

• Any theft offense as defined in KRS Chapter 514;

• Any gambling offense as defined in KRS 411.090, KRS Chapter 528, Section 226 of the Constitution;

• Illegal trafficking in controlled substances, in intoxicating or spirituous liquor, or in destructive devices or booby traps; or

• Lending at usurious interest, and enforcing repayment by illegal means.

• Prohibits any individual that has been found to be a member of a criminal gang syndicate while committing any of the criminal acts listed in the preceding highlight, from being released on probation or parole until they have served at least 85 percent of their sentence (Sec. 2).

• Expands the types of evidence that can be used to establish the existence of and membership in a “criminal gang” to include (Sec. 4):

• Common identifying graffiti;

• Participation, whether present or under direction, in an initiation ritual;

• Directing or ordering participation in an initiation ritual;

• Identification as a gang member by a reliable informant;

• Identification as a criminal gang member by the alleged gang member's parent or guardian;

• Self-proclamation of association, whether for business or enjoyment, with criminal gang members;

• Identification through criminal gang publications, rosters, or bylaws;

• Participation in some form of verbal or written communication indicating the commission of a crime by the criminal gang;

• Participation in photos or social media interaction with criminal gang members promoting or furthering criminal activity; or

• Having committed or planning to commit a crime or a criminal activity to target a rival criminal gang.

• Requires that there be a separate proceeding from the proceeding that resulted in the defendant’s conviction of gang membership if that defendant was convicted of (Sec. 5):

• Assault in the fourth degree;

• Menacing;

• Wanton endangerment in the second degree;

• Terroristic threatening in the third degree;

• Stalking in the second degree;

• Unlawful imprisonment in the second degree;

• Criminal coercion;

• Criminal mischief in the second degree;

• Criminal mischief in the third degree;

• Obstructing governmental operations;

• Resisting arrest;

• Riot in the second degree;

• Inciting to riot;

• Harassment;

• Harassing communications;

• The misdemeanor offense of carrying a concealed deadly weapon; or

• Possession of a handgun by a minor as a first offense.

• Requires individuals convicted of being or having been in a criminal gang, acting for the purpose of benefitting, promoting, or furthering the interests of a criminal gang at the time they committed the offense, to serve at least 76 to 90 days of their sentence if their conviction is classified as a Class B misdemeanor, or at least 311 to 365 days if their offense is classified as a Class A misdemeanor (Sec. 5).

• Exempts juveniles from the conditions of this section unless they have been transferred to Circuit Court as a youthful offender pursuant to KRS 640.010 and have been adjudicated a public offender for a felony offense on a previous and separate occasion (Sec. 5).

• Requires an individual to be penalized one class more severely than provided in the penalty provision pertaining to their felony offense, except in the case of the reclassification of that offense to a capital offense, and prohibits release on parole until they have served at least 85 percent of their sentence, if that individual (Sec. 6):

• Is found guilty of a felony qualifying offense under any provision of the Kentucky Revised Statutes and could have or did put a member of the public at risk of physical injury, serious physical injury, or death; and

• Is found guilty of criminal gang membership and acts for the purpose of benefitting, promoting, or furthering the interests of a criminal gang or any individual member of a criminal gang.

• Exempts juveniles from the conditions of this section unless they have been transferred to Circuit Court as a youthful offender pursuant to KRS 640.010 and have been adjudicated a public offender for a felony offense on a previous and separate occasion (Sec. 6).

• Authorizes an individual to bring a cause of action for damages against a criminal gang or a member of the criminal gang (Sec. 7).

Full Bill Text