HB 1461: RELATING TO CRIMINAL STREET GANGS.

A BILL FOR AN ACT

relating to criminal street gangs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals.  While it is not the intent of this Act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association, the legislature also finds that the State must address criminal street gangs and the violence caused by their members.  Between January and September of 2024, there was at least one incident of gun violence per month in the State.  Additionally, it has been reported that theft, burglaries, drug offenses, and gambling offenses have been on the rise in recent years throughout the State.

     According to the Interagency Working Group on Youth Programs, composed of twenty-five federal departments and agencies, communities with gang activity are disproportionately affected by theft, vandalism, assault, gun violence, illegal drug trade, and homicide.  An increase in these types of crime in the State are concerning in that it likely indicates a corresponding rise in criminal street gang participation and violence.

     More than forty other jurisdictions in the nation have laws that specifically define criminal street gangs and other related terms and provide for enhanced penalties related to participation in illegal activities as a part of a criminal street gang.  While the State may have ways to prosecute the crimes committed by members of criminal street gangs, the State does not have laws that define criminal street gangs or related terms.  Nor does the State have a specific process to prosecute illegal acts as part of a criminal street gang's activity, nor does it have the ability to apply enhanced penalties for criminal street gang activities.

     Accordingly, the purpose of this Act is to:

     (1)  Establish the offense of criminal street gang participation, solicitation, recruitment, or retention;

     (2)  Clearly define criminal street gangs and related terms; and

     (3)  Provide for enhanced penalties for a conviction of any crime conducted by a defendant as a member of, or in active participation with, a criminal street gang.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§711-     Criminal street gang participation, solicitation, recruitment, or retention.  (1)  A person commits the offense of criminal street gang participation, solicitation, recruitment, or retention when the person:

     (a)  Knowingly and wilfully participates in a criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang;

     (b)  Intentionally coerces, solicits, recruits, employs, causes, encourages, or conspires to cause another person to become or remain a member of a criminal street gang that results in the other person's commission of a criminal act for the benefit of, at the direction of, or in association with the criminal street gang; or

     (c)  Intentionally makes any communication, direct or indirect, that results in the commission of a criminal act constituting a threat to:

          (i)  A person being solicited, recruited, or retained as a member of a criminal street gang or the person's property; or

         (ii)  Any associate or relative of the person being solicited, recruited, or retained as a member of a criminal street gang or the associate or relative's property.

     (2)  Prosecution under this section shall not require proof that a person devotes all or a substantial part of the person's time or efforts to a criminal street gang to establish that the person is a member of a criminal street gang.  Active participation in or association with the criminal street gang shall be sufficient to establish that the person is a member of a criminal street gang.

     (3)  Criminal street gang participation pursuant to subsection (1)(a) is a class B felony.

     (4)  Criminal street gang solicitation, recruitment, or retention pursuant to subsection (1)(b) or (c) is a class C felony.

     §711-     Criminal acts committed as member of criminal street gang; enhanced penalties.

     (1)  Upon finding, by proof beyond a reasonable doubt, that a defendant, who is eighteen years of age or older, committed a criminal act as a member of a criminal street gang, or a defendant committed a criminal act while actively participating in a criminal street gang, the penalty shall be enhanced as follows:

     (a)  A petty misdemeanor shall be deemed to be and punished as a misdemeanor;

     (b)  A misdemeanor shall be deemed to be and punished as a class C felony;

     (c)  A class C felony shall be deemed to be and punished as a class B felony; and

     (d)  A class B felony shall be deemed to be and punished as a class A felony."

     SECTION 3.  Section 711-1100, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Criminal act" means conduct constituting any offense, or conspiracy or attempt to commit any offense, under chapters 707, 708, 708A, 710, and 711.

     "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, having a common name or common identifying sign or symbol, and whose members, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.

     "Pattern of criminal street gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of a delinquent act, or conviction of two or more enumerated criminal acts; provided that:

     (a)  At least one of these criminal acts occurred after the effective date of Act    , Session Laws of Hawaii 2025;

     (b)  The last of those criminal acts occurred within three years after a prior offense; and

     (c)  The criminal acts were committed on separate occasions or by two or more persons."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2025.

Report Title:

Criminal Street Gang; Criminal Activities; Penalties

Description:

Establishes the offense of criminal street gang participation, solicitation, recruitment, or retention.  Provides for enhanced penalties for crimes committed by a defendant while part of a criminal street gang.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.