Adopted

AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  240

BY: Senator(s) Bryan, Wiggins

     AMEND by striking lines 214 through 254 in their entirety, inserting the following in lieu thereof:

          (d) * * *"Streetgang related" or "gang‑related" "Criminal gang activity" or "streetgang-related activity" or "gang-related activity" or "criminal gang activity" means * * * any criminal activity, enterprise, pursuit or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer or governing or policymaking person or authority, or by any agent, representative or deputy of any such officer, person or authority:

(i)  The commission, attempted commission or conspiracy to commit, or the solicitation, coercion, encouragement or intimidation of another person to commit an act or acts in this or another state that would constitute a felony offense in this state, another state, or the United States with intent to:

1.  Increase * * * the a gang's size, membership, prestige, dominance or control in any geographical area; or

2.  * * *(ii)  With intent to  Exact revenge or retribution for * * * the a gang or any gang member * * * of the gang; or

3.  * * *(iii)  With intent to  Provide * * * the a gang with any advantage in, or any control or dominance over, any criminal market sector, including, but not limited to, the unlawful manufacture, delivery, possession or sale of controlled substances; arson; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity or pornography; or that involves * * * robbery, armed robbery, burglary * * * or, larceny or any crime of violence as defined in Section 97-3-2; or

4. * * *(iv)  With intent to  Obstruct justice, or harass, intimidate or eliminate any witness reasonably expected to testify in a legal proceeding against * * *the a gang or any gang member * * * of the gang; or

5. * * *(v)  With intent to  Otherwise, directly or indirectly, cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence or membership * * *.; or

6.   Obtain or earn membership or maintain or increase the person's status or position in a criminal gang;