Bill Summary for H 138 (2017-2018)

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Summary date: 

Jun 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 138 (Public) Filed Monday, February 20, 2017
AN ACT TO STANDARDIZE CRITERIA FOR CLASSIFICATION OF CRIMINAL GANG MEMBERSHIP, CREATE A SENTENCING ENHANCEMENT FOR CERTAIN CRIMES PERPETRATED BY GANG MEMBERS, AND INCREASE THE PENALTIES FOR CERTAIN GANG-RELATED OFFENSES.
Intro. by McNeill, Faircloth, Hurley, R. Turner.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 14-50.19. Amends the caption to read "Intimidation to deter from gang withdrawal." Creates a new Class F felony under this statute for persons who injure a person with the intent to deter a person from assisting another to withdraw from membership in a criminal gang. Makes the existing felony (to communicate a threat of injury or to damage another's property with intent to deter a person from assisting another to withdraw from membership in a criminal gang) a Class G felony (currently, Class H felony; 2d edition, Class F felony).

amends GS 14-50.20. Amends the caption to read "Punishment or retaliation for gang withdrawal." Creates a new Class F felony under this statute for persons who injure a person as punishment or retaliation against a person for having withdrawn from a criminal gang. Makes the existing felony (to communicate a threat of injury or to damage another's property as punishment or retaliation against a person for having withdrawn from a criminal gang) a Class G felony (currently, Class H felony; 2d edition, Class F felony).

Amends GS 14-50.42 (Real property used by criminal gangs declared a public nuisance: abatement). Declares that proof that criminal gang activity by a criminal gang member committed at least five times in a period of not more than 12 months at any real property, or proof that the real property is used for engaging in criminal gang activity by a criminal gang member at the same rate of frequency, is prima facie evidence that the owner or person in legal possession of the real property knowingly permitted the act. Provides that evidence that the defendant knew, or by the exercise of due diligence should have known, of the criminal gang activity constitutes proof of actual knowledge.