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Regular Session, 2012
HOUSE BILL NO. 790
BY REPRESENTATIVE LOPINTO
CRIME: Amends provisions of law regarding criminal street gangs
AN ACT1
To amend and reenact R.S. 15:1404(A) and (B)(introductory paragraph) and to enact R.S.2
15:1404(B)(9) through (13), relative to criminal gang activity; to provide for the3
definition of "pattern of criminal gang activity"; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:1404(A) and (B)(introductory paragraph) are hereby amended and6
reenacted and R.S. 15:1404(B)(9) through (13) are hereby enacted to read as follows:7
ยง1404. Definitions 8
A. As used in this Chapter, "criminal street gang" means any ongoing9
organization, association, or group of three or more persons, whether formal or10
informal, which has as one of its primary activities the commission of one or more11
of the criminal acts enumerated in Paragraphs (1) through (8) (13) of Subsection B12
of this Section or which has a common name or common identifying sign or symbol,13
whose members individually or collectively engage in or have engaged in a pattern14
of criminal gang activity. 15
B. As used in this Chapter, "pattern of criminal gang activity" means the16
commission or attempted commission of two or more of the following offenses,17
provided at least one of those offenses occurred after September 7, 1990 and the last18
of those offenses occurred within three years after a prior that the offenses occurred19 HLS 12RS-551 ENGROSSED
HB NO. 790
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within a three-year period, and the offenses are committed on separate occasions or1
by two or more persons: 2
* * *3
(9) Assault by drive-by shooting as defined in R.S. 14:37.1.4
(10) Rioting or inciting to riot as defined in R.S. 14:329.1 and 329.2.5
(11) Aggravated criminal damage to property as defined in R.S. 14:55.6
(12) Simple burglary as defined in R.S. 14:62.7
(13) Looting as defined in R.S. 14:62.5.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 790
Abstract: Adds offenses to the definition of criminal gang activity.
Present law provides enhanced penalties for the commission of crimes while associated with
or participating in criminal gang activity.
Present law defines a "pattern of criminal gang activity" as the commission or attempted
commission of two or more of the following offenses, provided at least one of those offenses
occurred after Sept. 7, 1990, and the last of those offenses occurred within three years after
a prior offense, and the offenses are committed on separate occasions or by two or more
persons:
(1)Aggravated battery or second degree battery.
(2)Armed robbery.
(3)First or second degree murder or manslaughter.
(4)The sale, possession for sale, transportation, manufacture, offer for sale, or offer to
manufacture controlled substances.
(5) Illegal use of weapons or dangerous instrumentalities.
(6)Aggravated arson.
(7)Intimidating, impeding, or injuring witnesses; or injuring officers.
(8)Theft of any vehicle, trailer, or vessel.
Proposed law retains present law and adds the following offenses to the definition of "pattern
of criminal gang activity":
(9)Assault by drive-by shooting. HLS 12RS-551 ENGROSSED
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(10)Rioting or inciting to riot.
(11)Aggravated criminal damage to property.
(12)Simple burglary.
(13)Looting.
Proposed law changes the definition of "pattern of criminal gang activity" to remove the
reference to offenses which occurred after Sept. 7, 1990.
(Amends R.S. 15:1404(A) and (B)(intro. para.); Adds R.S. 15:1404(B)(9)-(13))