New Gang Law Passes House and Senate

None by Elizabeth Ziegler

(KCPW News) Gang members who entice juveniles to commit crimes could soon face criminal charges themselves. Gang activity is an increasing problem in Utah, says Davis County Representative Curtis Oda. He's co-sponsoring SB 65, which makes it a Class B misdemeanor offense for gang members to persuade a minor to commit a crime, punishable with a $1,000 fine and up to six months of jail-time.

"I think this is a critical bill that needs to go through immediately," Oda says. "Gangs are alive and well. They are growing at a very fast rate, and many of them have gone underground, and that makes them even more dangerous."

While the bill cleared the House floor Wednesday by a unanimous vote, some lawmakers questioned how the new law would work. For instance, how will police enforce the law, if it relies on youth involved in a criminal act to come forward to report it? Oda says while the bill does not have a safe-harbor provision to protect youth who commit a crime, it gives them a chance to levy criminal charges against the gang member who persuaded them to break the law. Also, some question the bill's definition of a gang member. Here's Representative Neil Hansen, from Ogden, with an extreme example.

"As I look at the bill, to me it's kind of broad language," Hansen says. "How do you define what really is a criminal street gang. Because I look at Boy Scouts,  maybe, as being street gangs. You know, just by... they're wearing the same uniforms."

Oda says the bill only applies to individuals with a history of gang-related offenses.  These include drug offenses, homicide, kidnapping, sexual offenses, graffiti, burglary and weapons violations. Click here for a link to the full text of the bill.

Email to a friendPosted in KCPW Newsroom. Copyright 2009 KCPW