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ACT No. 210
Regular Session, 2012
HOUSE BILL NO. 790
BY REPRESENTATIVE LOPINTO AND SENATOR THOMPSON
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
within a three-year period, and the offenses are committed on separate occasions or20
by two or more persons: 21
* * *22
(9) Assault by drive-by shooting as defined in R.S. 14:37.1.23
(10) Rioting or inciting to riot as defined in R.S. 14:329.1 and 329.2.24 ENROLLEDHB NO. 790
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(11) Aggravated criminal damage to property as defined in R.S. 14:55.1
(12) Simple burglary as defined in R.S. 14:62.2
(13) Looting as defined in R.S. 14:62.5.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: