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LegislationLEGISLATION | Detail


S. 132: Gang Abatement and Prevention Act of 2009

Sponsor: Feinstein (D - CA)

Official Title: A bill to increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect law-abiding citizens and communities from violent criminals, to revise and enhance criminal penalties for violent crimes, to expand and improve gang prevention programs, and for other purposes.

Status:
1/6/2009: Introduced
1/6/2009: Referred to Senate Judiciary Committee

Commentary:
This bill, similar in many respects to H.R. 2815 and H.R. 2822, contains two titles containing criminal offenses. This first creates a new criminal offense, “Street Gang Crime,” consisting of knowingly committing gang crimes for purposes of furthering the activities of a criminal street gang. Violations would be punishable by criminal fines and various terms of imprisonment depending on the nature of the violation (e.g., up to 20 years for crimes of violence that are not serious felonies). The bill would also prohibit recruitment of persons to participate in a criminal street gang. Violations would be punishable by criminal fines and imprisonment of up to 5 years, or 10 years if the recruit was a minor or the recruiter is already imprisoned. The bill would also allow criminal forfeiture of any property used in, or resulting from, the commission of gang crimes. The second title of the bill creates a new criminal offense, “Murder and Other Violent Crimes Committed During and in Relation to a Drug Trafficking Crime,” that consists of knowing commission of a violent felony (whether under state or federal law) during any drug trafficking crime. Violations would be punishable by criminal fines and various terms of imprisonment depending on the nature of the felony. The bill would also unify and (generally) lengthen the statute of limitations for noncapital violent felonies to 10 years. In addition, the bill would double the imprisonment penalty for conspiracy to commit an offense to 10 years. The bill would also create a new criminal offense for tampering with or retaliating against a witness or victim in a state criminal proceeding. Violations would be punishable by criminal fines and imprisonment of up to 20 years, or life if the offense results in death, kidnapping, or serious bodily injury.

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