77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 1842 House Bill 2679 Sponsored by Representatives BARKER, OLSON (Presession filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Creates crime of criminal gang activity. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. A BILL FOR AN ACT Relating to criminal gang activity. Be It Enacted by the People of the State of Oregon: SECTION 1. { + (1) As used in this section: (a) 'Criminal act' includes: (A) Assault in the fourth degree, as defined in ORS 163.160. (B) Criminal mischief in the second degree, as defined in ORS 164.354. (C) Disorderly conduct, as defined in ORS 166.023 or 166.025 (2)(b). (D) Forgery in the second degree, as defined in ORS 165.007. (E) Harassment, as described in ORS 166.065 (4). (F) Interfering with a peace officer or parole or probation officer, as described in ORS 162.247. (G) Interfering with public transportation, as described in ORS 166.116. (H) Intimidation in the second degree, as defined in ORS 166.155. (I) Prostitution, as defined in ORS 167.007. (J) Theft in the second degree, as defined in ORS 164.045. (K) Unlawful entry into a motor vehicle, as defined in ORS 164.272. (L) Unlawful possession of a firearm, as defined in ORS 166.250. (M) A violation of ORS 166.240. (N) A violation of ORS 166.270 (2). (b) 'Criminal street gang' means any ongoing formal or informal organization, association or group of three or more persons: (A) That has as one of its primary activities the commission of criminal acts; (B) That has a common name or common identifying sign or symbol; and (C) Whose members individually or collectively engage in or have engaged in a pattern of criminal acts. (2) A person commits the crime of criminal gang activity if the person commits a criminal act: (a) For the benefit of, at the direction of or in association with a criminal street gang; and (b) With the specific intent to promote, further or assist in the criminal act. (3) Criminal gang activity is a Class C felony. (4) A conviction of criminal gang activity shall be entered into the Law Enforcement Data System maintained by the Department of State Police as 'gang related. ' (5) If a person convicted of criminal gang activity is sentenced to probation, the court shall impose as conditions of probation that the person: (A) Have no contact with members of a criminal street gang or involvement in criminal acts; (B) Not wear clothing or display other personal items depicting a gang name, sign or symbol; (C) Not drink alcohol or use any controlled substances; (D) Submit to polygraph examinations as ordered by the court or the probation officer; and (E) Not possess a firearm or ammunition. (6) A court may consider the fact that a felony was committed by an individual for the benefit of, at the direction of or in association with a criminal street gang to be a substantial and compelling reason to impose a departure sentence authorized by rules of the Oregon Criminal Justice Commission. A conviction resulting in an enhanced sentence under this subsection shall be entered into the Law Enforcement Data System maintained by the Department of State Police as 'gang related.' + } ----------