Brief ⁽¹⁾

HB 2775 would expand the list of unlawful activities that constitute common nuisances to include certain criminal street gang activities defined as any felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any way criminal conduct by gang members. Criminal street gang is defined as any organization, association, or group of three or more persons, formal or informal, having as one of its primary activities the commission of one or more person felonies or felony violations of the Uniform Controlled Substances Act, which has a common name or common identifying sign or symbol. Included in the definition is the commission, attempted commission, conspiracy to commit, or solicitation of these felonies. Also included in the definition would be a similar offense from another state.

The penalty for the felony offense is that the property where such offenses occurred may be seized or destroyed.

Background

A conferee representing the City of Garden City appeared in favor of the bill.

The fiscal note indicates that the impact on the Juvenile Justice Authority would be minimal. The Office of Judicial Administration expects an increase in criminal filings; however, without experience, the fiscal impact would be difficult to estimate. The Sentencing Commission does not expect any effect on prison admissions and population levels.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html