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.' + }
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