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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 427
BY SENATOR KOSTELKA
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
commission or attempted commission of two or more of the following offenses,18
provided at least one of those offenses occurred after September 7, 1990 and the last19
of those offenses occurred within three years after a prior that the offenses occurred20
within a three-year period, and the offenses are committed on separate occasions21
or by two or more persons:22
* * *23
(9) Assault by drive-by shooting as defined in R.S. 14:37.1.24
(10) Riot or inciting to riot as defined in R.S. 14:329.1 and 329.2.25
(11) Aggravated criminal damage to property as defined in R.S. 14:55.26
(12) Simple burglary as defined in R.S. 14:62.27
ACT No. 556 SB NO. 427 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(13) Looting as defined in R.S. 14:62.5.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: