Bill Summary for H 138 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Jun 27 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.

View: All Summaries for BillTracking:

Bill summary

Senate amendment #1 makes the following changes to the 3rd edition.

Modifies and adds to the proposed changes to GS 14-50.42. Makes organizational and clarifying changes to subsection (b). Provides that the provisions of the statute do not apply to real property used for criminal gang activity where the owner or person who has legal possession of the real property (previously, only provides for the owner) is being coerced into allowing the property to be used for criminal gang activity. Adds a new exemption, providing that the statute does not apply to real property used for criminal gang activity where the owner or person who has legal possession of the real property is making or has made a good faith attempt to terminate the criminal gang activity or remove criminal gang members from the property through legal means, including trespass or summary ejectment. Makes conforming changes to the new provisions set out in subsection (a), providing that the new provision establishing that proof of real property being used for criminal gang activity is prima facie evidence that the owner or person who has legal possession of the real property knowingly permitted the act, to except from the provision owners or persons who have legal possession of the real property who are making or have made a good faith attempt to terminate the criminal gang activity or remove criminal gang members from the property through legal means, including trespass or summary ejectment.