An Act concerning criminal street gangs and amending N.J.S.2C:41-1.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:41-1 is amended to read as follows:

2C:41-1. For purposes of this section and N.J.S.2C:41-2 through N.J.S.2C:41-6:

a. "Racketeering activity" means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:

(a) murder

(b) kidnapping

(d) promoting prostitution

(e) obscenity

(f) robbery

(g) bribery

(h) extortion

(i) criminal usury

(j) violations of Title 33 of the Revised Statutes

(k) violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes

(l) arson

(m) burglary

(n) theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes

(o) forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes

(p) fraud in the offering, sale or purchase of securities

(q) alteration of motor vehicle identification numbers

(r) unlawful manufacture, purchase, use or transfer of firearms

(s) unlawful possession or use of destructive devices or explosives

(t) violation of sections 112 through 116 inclusive of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116)

(u) violation of N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana

(v) violation of subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.

(w) violation of section 1 of P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network

(x) violation of section 1 of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities

(y) violation of section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism

(z) violation of section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking

(aa) violation of N.J.S.2C:12-1 requiring purposeful or knowing conduct

(bb) violation of N.J.S.2C:12-3, terroristic threats

(cc) violation of section 1 of P.L.1999, c.160 (C.2C:33-28), solicitation or recruitment to join criminal street gang

(dd) violation of section 1 of P.L.2007, c.341 (C.2C:33-29), gang criminality

(ee) violation of section 2 of P.L.2007, c,341 (C.2C:33-30), promoting organized street crime.

(2) any conduct defined as "racketeering activity" under Title 18, U.S.C.s.1961(1)(A), (B) and (D).

b. "Person" includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.

c. "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.

d. "Pattern of racketeering activity" requires:

(1) Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and

(2) A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.

e. "Unlawful debt" means a debt:

(1) Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or

(2) Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.

f. "Documentary material" includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.

g. "Attorney General" includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.

h. "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.

(cf: P.L.2007, c.341, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill would add certain crimes involving criminal street gangs to the list of predicate offenses which are considered "racketeering activity" under New Jersey's anti-racketeering law, (also known as "RICO") set out in N.J.S.2C:41-1. The following crimes would be added to the definition of "racketeering activity": (1) solicitation or recruitment of another to join a criminal street gang; (2) gang criminality; and (3) promoting organized street crime.

Solicitation or recruitment of another to join a criminal street gang: Under the provisions of P.L.1999, c. 160 (C.2C:33-28), it is a crime of the fourth degree to solicit or recruit another to join a criminal street gang. A person who, in the act of soliciting or recruiting another to join a criminal street gang, threatens bodily injury on two or more separate occasions within a 30-day period, commits a crime of the third degree. A person who, in the act of soliciting or recruiting another to join a criminal street gang inflicts significant bodily injury, commits a crime of the second degree. A person who solicits or recruits a person under 18 years of age to join a criminal street gang commits a crime of the second degree. A person who solicits or recruits another while under detention also commits a crime of the second degree.

Gang criminality: Under the provisions of section 1 of P.L.2007, c.341 (C.2C:33-29), a person is guilty of gang criminality if, while knowingly involved in criminal street gang activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice any of the crimes enumerated in the statute, such as assault, sexual offenses, robbery, prostitution, burglary or certain gun-related crimes. Gang criminality is graded one degree higher than the most serious underlying crime.

Promoting organized street crime: Under the provisions of section 2 of P.L.2007, c.341 (C.2C:33-30), a person is guilty of promoting organized street crime if he conspires with others as an organizer, supervisor, financier or manager to commit any of the crimes enumerated in the statute, such as assault, sexual offenses, robbery, prostitution, burglary or certain gun-related crimes. Promotion of organized street crime is graded one degree higher than the most serious underlying crime.

Under RICO, in addition to increased criminal penalties, certain civil remedies are available including the restitution of any monies or property unlawfully obtained or retained and the imposition of civil monetary penalties up to three times the amount of the gain.