July 26, 2007, Introduced by Senators JANSEN, BARCIA, BIRKHOLZ, ANDERSON, GLEASON, PAPPAGEORGE, HARDIMAN, KUIPERS, RICHARDVILLE and GILBERT 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) A person shall not cause, encourage, recruit,
solicit, or coerce another to join, participate in, or assist a
gang. 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 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withdrawn from a gang.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) "Course or pattern of criminal activity" means 2 or more
gang-related criminal offenses committed in whole or in part within
this state to which both of the following apply:
(i) One or more gang-related criminal offenses were committed
after the effective date of the amendatory act that added this
section.
(ii) Two gang-related criminal offenses were committed within a
5-year period.
(b) "Gang" means a combination, confederation, alliance,
network, conspiracy, understanding, or other similar conjoining of
3 or more persons with an established hierarchy that, through its
membership or through the agency of a member, engages in a course
or pattern of criminal activity.
(c) "Gang member or member of a gang" means 1 or more of the
following:
(i) A person who belongs to a gang.
(ii) A person who knowingly acts in the capacity of an agent
for or accessory to, is legally accountable for, or voluntarily
associates himself or herself with a course or pattern of gang-
related criminal activity, whether in a preparatory, executory, or
cover-up phase of an activity.
(iii) A person who knowingly performs, aids, or abets a gang-
related activity.
(d) "Gang-related" means a criminal activity, enterprise,
pursuit, or undertaking directed, ordered, authorized or requested
by, consented or agreed to, acquiesced in, or ratified by a gang
leader, officer, or governing or policy-making person or authority,
or by an agent, representative, or deputy of another officer,
person, or authority described in this subdivision, with the intent
to do 1 or more of the following:
(i) Increase the gang's size, membership, prestige, dominance,
or control of a geographical area.
(ii) Involve the gang in criminal activity.
(iii) Exact revenge or retribution for the gang or a member of
the gang.
(iv) Obstruct justice or intimidate or eliminate a witness
against the gang or a member of the gang.
(v) Otherwise directly or indirectly cause a benefit,
aggrandizement, gain, profit, or other advantage to or for the gang
or its reputation, influence, or membership.
(6) In a prosecution under this section, it is not necessary
to prove that a particular conspiracy, combination, or conjoining
of persons possesses, acknowledges, or is known by a common name,
belief, structure, leadership or command structure, method of
operation or criminal enterprise, concentration or specialty,
membership, age, or other qualifications, initiation rites,
geographical or territorial sites or boundary or location, or other
unifying mark, manner, protocol, or method of expressing or
indicating membership with the conspiracy's existence. However,
evidence reasonably tending to show or demonstrate the existence of
or membership in a conspiracy, confederation, or other association
described in this subsection or probative of the existence of or
membership in a conspiracy, confederation, or other association
described in this subsection is admissible in an action or
proceeding brought under this section.