February 28, 2007, Introduced by Senators KAHN and PAPPAGEORGE and referred to the Committee on Judiciary.
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 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 as follows:
(a) Except as otherwise provided in subdivisions (b) and (c),
imprisonment for not less than 2 years or more than 20 years.
(b) If the individual has 1 prior conviction for violating
this subsection, imprisonment for not less than 5 years or more
than 20 years.
(c) If the individual has 2 or more prior convictions for
violating this subsection, imprisonment for not less than 10 years
or more than 20 years.
(2) As used in this section, "gang" means a group of
individuals, including, but not limited to, individuals less than
18 years of age working to unlawful or antisocial ends.
(3) 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 ordered to
be served consecutively with and preceding any term of imprisonment
imposed for the conviction of the felony or attempt to commit the
felony.