Bill > S1369

Introduced Session

This bill upgrades certain penalties for criminal street gang recruitment and criminality, requires a court to impose a mandatory minimum sentence for certain offenses of criminal street gang recruitment of minors, establishes accomplice liability and imposes residency, employment, and hiring restrictions for certain recruiters. Current law provides that a defendant is guilty of an offense if it is committed by the defendant's own conduct, or by the conduct of another person for which the defendant is legally accountable. This bill provides that a defendant will be held accountable for the conduct of another person for a criminal act as an accomplice if the act is committed by a person that the defendant has caused, encouraged, intimidated, coerced, or solicited to commit the act while soliciting or recruiting the person to join or actively participate in a criminal street gang. Currently, it is a crime of the second degree to solicit, recruit, coerce, or threaten a minor to join or actively participate in a criminal street gang. A person who commits this crime on school property commits a crime of the third degree. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. The bill requires a person who is convicted of soliciting or recruiting a minor to be sentenced to a mandatory minimum term of imprisonment of seven years during which time the defendant will be ineligible for parole. A person who is convicted of soliciting or recruiting a minor under 14 years of age will be sentenced to a mandatory minimum term of imprisonment of 10 years during which time the defendant will be ineligible for parole. The court is not permitted to suspend the sentence or make any other non-custodial disposition of a defendant sentenced pursuant to these provisions. The bill's provisions also require a defendant who inflicts significant bodily injury upon another while soliciting or recruiting a person to join or actively participate in a criminal street gang to be sentenced to a mandatory minimum term of imprisonment of five years during which time the defendant will be ineligible for parole. The bill also amends the law related to gang criminality. Under current law, a defendant is guilty of the crime of gang criminality if the defendant, whether as a principal or an accomplice, commits certain specified crimes if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang. The bill provides that a defendant will also be guilty of the crime of gang criminality if the crime was committed while causing, encouraging, intimidating, coercing, soliciting, or recruiting another to join or actively participate in a criminal street gang. The bill further provides that a defendant convicted as an accomplice for a crime committed by a person under 18 years of age who was solicited by the defendant to join a criminal street gang, commits a crime of the first degree and will be sentenced to a mandatory minimum term of imprisonment of 15 years during which time the defendant shall be ineligible for parole. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. The bill also provides that a person convicted of soliciting or recruiting a minor to join a criminal street gang, or who is convicted of the offense while on school property, commits a crime of the fourth degree if the person resides within 500 feet of an elementary or secondary school or playground. A person is not subject to these residency restrictions if: the person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility which is located within 500 feet of an elementary or secondary school or playground; the person is receiving treatment at a mental health facility located within 500 feet of an elementary or secondary school, child care center, or playground; the person established the residence prior to the effective date of the bill; an elementary or secondary school, child care center, or playground is built or established within 500 feet of the person's existing residence; or the parole board, after considering an individual's housing options, determines that a needs-based exception is required. The provisions of the bill also provide that a person convicted of soliciting or recruiting a minor, or convicted of doing so on school property, who volunteers or is employed at a job which primarily consists of contact with children commits a crime of the fourth degree. "Primarily consists of contact with children" is defined under the bill to mean that 80 percent or more of the actual or official duties or responsibilities include contact with a child. It also is a crime of the fourth degree under the bill for a person to knowingly hire or provide a volunteer position which primarily consists of contact with children to a person convicted of soliciting or recruiting a minor on school property. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

Committee Categories

Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document