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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 427
BY SENATOR KOSTELKA
CRIME/PUNISHMENT. Revises the definition of "pattern of criminal gang activity".
(gov sig)
AN ACT1
To amend and reenact R.S. 15:1404(A) and the introductory paragraph of (B) and to enact2
R.S. 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 the introductory paragraph of (B) are hereby6
amended and reenacted and R.S. 15:1404(B)(9) through (13) are hereby enacted to read as7
follows:8
ยง1404. Definitions 9
A. As used in this Chapter, "criminal street gang" means any ongoing10
organization, association, or group of three or more persons, whether formal or11
informal, which has as one of its primary activities the commission of one or more12
of the criminal acts enumerated in Paragraphs (1) through (8) (13) of Subsection B13
of this Section or which has a common name or common identifying sign or symbol,14
whose members individually or collectively engage in or have engaged in a pattern15
of criminal gang activity.16
B. As used in this Chapter, "pattern of criminal gang activity" means the17 SB NO. 427
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
commission or attempted commission of two or more of the following offenses,1
provided at least one of those offenses occurred after September 7, 1990 and the last2
of those offenses occurred within three years after a prior that the offenses occurred3
within a three-year period, and the offenses are committed on separate occasions4
or by two or more persons:5
* * *6
(9) Assault by drive-by shooting as defined in R.S. 14:37.1.7
(10) Riot or inciting to riot as defined in R.S. 14:329.1 and 329.2.8
(11) Aggravated criminal damage to property as defined in R.S. 14:55.9
(12) Simple burglary as defined in R.S. 14:62.10
(13) Looting as defined in R.S. 14:62.5.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Danielle Doiron.
DIGEST
Kostelka (SB 427)
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 9/7/90, 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. SB NO. 427
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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.
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 9/7/90.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:1404(A) and (B)(intro para); adds R.S. 15:1404(B)(9)-(13))