SB-0291, As Passed Senate, February 21, 2008

SUBSTITUTE FOR

SENATE BILL NO. 291

     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 an individual who is an associate or a

member of a gang commits a felony or attempts to commit a felony

and the individual's association or membership in the gang provides

the motive, means, or opportunity to commit the felony, the

individual 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 persons that identifies itself by all of the

following:

Senate Bill No. 291 as amended February 20, 2008

     (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 or who knowingly performs, aids, or abets the

gang in the commission of a felony or felonies.

     (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 shall 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 90 days

after the date it is enacted into law.