SB-0660, As Passed Senate, February 21, 2008

SUBSTITUTE FOR

SENATE BILL NO. 660

     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) A person shall not cause, encourage, recruit,

solicit, or coerce another to join, participate in, or assist a

gang in committing a felony. A person who violates this subsection

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

5 years or a fine of not more than $5,000.00, or both.

     (2) A person shall not communicate, directly or indirectly, to

another person a threat of injury or damage to the person or

property of that person or to an associate or relative of that

person with the intent to do either of the following:

     (a) Deter the other person from assisting a gang member or

associate of a gang to withdraw from the gang.

     (b) Punish or retaliate against the other person for having

withdrawn from a gang.

     (3) A person who violates subsection (2) is guilty of a felony

punishable for not more than 20 years or a fine of not more than

$20,000.00, or both.

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

sentence imposed for the conviction of another felony or attempt to

commit a felony arising out of the same transaction and may be

ordered to be served consecutively with and preceding a term of

imprisonment imposed for the conviction of that felony or attempt

to commit that felony.

     (5) As used in this section:

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

group of 5 or more people that identifies itself by all of the

following characteristics:

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

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

recognition, and geographical, territorial sites, boundary, or

location.

     (ii) An established leadership or command structure.

     (iii) Defined membership criteria.

     (b) "Gang member" means a person who belongs to a gang.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 661 of the 94th Legislature is enacted into

law.