SB-0291, As Passed House, December 19, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 291

(As amended December 19, 2008)

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 411u.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 411u. (1) If a person who is an associate or a member of

a gang commits a felony or attempts to commit a felony and the

person's association or membership in the gang provides the motive,

means, or opportunity to commit the felony, the PERSON is

guilty of a felony punishable by imprisonment for not more than 20

years. As used in this section:

     (a) "Gang" means an ongoing organization, association, or

group of 5 or more people[, other than a nonprofit organization,] that

 identifies itself by all of the

following:

     (i) A unifying mark, manner, protocol, or method of expressing

membership, including a common name, sign or symbol, means of

recognition, geographical or territorial sites, or boundary or

location.

     (ii) An established leadership or command structure.

     (iii) Defined membership criteria.

     (b) "Gang member" or "member of a gang" means a person who

belongs to a gang.

     (2) A sentence imposed under this section is in addition to

the sentence imposed for the conviction of the underlying felony or

the attempt to commit the underlying felony and may be served

consecutively with and preceding any term of imprisonment imposed

for the conviction of the felony or attempt to commit the felony.

     Enacting section 1. This amendatory act takes effect April 1,

2009.