HF 1844

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; providing for the 
  1.3             regulation of gang loitering; providing criminal 
  1.4             penalties; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.706] [GANG LOITERING.] 
  1.8      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.9   following terms have the meanings given them: 
  1.10     (a) "Criminal gang" has the meaning given under section 
  1.11  609.229, subdivision 1. 
  1.12     (b) "Gang crime area" means an area where gang loitering 
  1.13  has enabled a criminal gang to establish control over 
  1.14  identifiable areas, to intimidate others from entering those 
  1.15  areas, or to conceal illegal activities as evidenced by at least 
  1.16  two acts of criminal gang activity within five years. 
  1.17     (c) "Public place" means the public way and any other 
  1.18  location open to the public, whether publicly or privately owned.
  1.19     Subd. 2.  [DESIGNATING GANG CRIME AREAS.] (a) A sheriff or 
  1.20  police chief may designate an area of the city as a gang crime 
  1.21  area if it meets the criteria of subdivision 1, paragraph (b).  
  1.22  Prior to making a designation under this subdivision, the 
  1.23  sheriff or police chief must consult with persons who are 
  1.24  knowledgeable about the effects of gang activity in the area 
  1.25  under consideration.  Such persons may include, but need not be 
  2.1   limited to: 
  2.2      (1) members of law enforcement with special training, 
  2.3   experience, or knowledge related to criminal gangs or an area 
  2.4   under consideration; 
  2.5      (2) elected and appointed officials of the area; 
  2.6      (3) community-based organizations; and 
  2.7      (4) other interested government entities or citizen groups. 
  2.8      (b) The sheriff or police chief must develop and implement 
  2.9   written procedures for the periodic review and update of 
  2.10  designations made under this subdivision. 
  2.11     (c) The sheriff or police chief must develop and implement 
  2.12  written procedures to prevent the enforcement of this section 
  2.13  against persons who are engaged in collective advocacy 
  2.14  activities that are protected by the state or federal 
  2.15  constitution. 
  2.16     Subd. 3.  [ENFORCEMENT.] If a law enforcement officer 
  2.17  observes two or more convicted felons or criminal gang members 
  2.18  loitering in any public place designated as a gang crime area 
  2.19  under subdivision 2, the officer must, subject to all applicable 
  2.20  procedures adopted by the sheriff or police chief: 
  2.21     (1) inform the persons that they are engaged in gang 
  2.22  loitering within an area in which loitering by felons or 
  2.23  criminal gang members is prohibited; 
  2.24     (2) order the felons or criminal gang members to disperse 
  2.25  and remove themselves from within sight and hearing of the place 
  2.26  at which the order was issued; and 
  2.27     (3) inform the felons or criminal gang members that they 
  2.28  will be subject to arrest if they fail to obey the order 
  2.29  promptly or engage in further gang loitering within sight or 
  2.30  hearing of the place at which the order was issued during the 
  2.31  next three hours. 
  2.32     Subd. 4.  [VIOLATION; PENALTY.] (a) A felon or criminal 
  2.33  gang member who fails to promptly obey an order issued under 
  2.34  subdivision 3, or who engages in further gang loitering within 
  2.35  sight or hearing of the place at which the order was issued 
  2.36  during the three-hour period following the time the order was 
  3.1   issued, is guilty of a misdemeanor. 
  3.2      (b) If the offense occurs within one year of a previous 
  3.3   offense, the court must sentence a person convicted under 
  3.4   paragraph (a) to a minimum of five days of incarceration, which 
  3.5   must be served consecutively. 
  3.6      (c) In addition to or instead of the penalties in paragraph 
  3.7   (b), any person who violates this section may be required to 
  3.8   perform up to 120 hours of community service. 
  3.9      Sec. 2.  [EFFECTIVE DATE.] 
  3.10     Section 1 is effective August 1, 2001, and applies to 
  3.11  crimes committed on or after that date.