S.B.
16
PROHIBITED GANG ACTIVITY
house floor
Amendments
Amendment 1 February 5, 2009 10:09 am
Representative David Litvack proposes the following amendments:
1. Page 1, Line 15 :
15 . provides that a peace officer may order
those members of
a group
who are engaged in
gang loitering
to disperse if the group includes
2. Page 1, Lines 19 through 20 :
. requires that only officers who have been trained regarding criminal gang issues and racial
profiling enforce the provision of this bill;
19 . requires that the officer warn the
members of the group subject to being
dispersed
{
group
}
that failure to disperse is subject to arrest;
20 . requires municipal and county legislative bodies
{
to
}
that
designate areas in their
3. Page 1, Lines 22 through 23 :
22 disperse
:
. to consult with persons who have experience regarding criminal gangs; and
. provide for a public hearing on the proposed designated areas
;
23 . provides that failure to disperse upon the order of an officer is a class B
4. Page 3, Line 70 :
70 (c) conceal illegal activities.
(3) "Law enforcement officer" or "officer" means an officer who has successfully completed training
under Section 76-9-907.
5. Page 5, Lines 141 through 143 :
141 one or more other persons
who are also engaging in gang loitering
in any public place where gang
loitering is prohibited under Section
142 76-9-905 , the police officer shall
, regarding the persons engaging in gang loitering under this
Subsection (1)
:
143 (a) inform
{
all the
}
these
persons that they are within an area in which loitering by a group
6. Page 5, Line 143 : 44
143 (a) inform all the persons
engaging in gang loitering
that they are within an area in which loitering
by a group
7. Page 5, Line 145 :
145 (b) order
{
all the
}
these
persons
{
in the group
}
to disperse and remove themselves from
within
8. Page 5, Line 147 :
147 (c) inform
{
the
}
these
persons that any person
{
in the group
}
ordered to disperse
will be subject to being charged
9. Page 5, Line 150 :
150 (2) The officer under Subsection (1) shall also advise the persons
under Subsection (1) whom
the
officer is
10. Page 7, Lines 187 through 188 :
187 legislative body shall
:
(i)
consult, as appropriate, with persons who are knowledgeable about the
188 effects of gang activity in areas where Section 76-9-903 may be enforced
; and
(ii) place each proposed designated area on the agenda of a public meeting of the legislative body and allow public comment at the meeting regarding each area
.
11. Page 7, Line 198 :
198 for periodic review and update of area designations it makes under Subsection (1).
(4) The legislative body shall include as a part of each designation of an area under this part a description of the area included in the designation, including a description of the borders of the area.
(5) Each area designated under this section shall be posted in a manner that is legible and that the reasonable person can understand, and that:
(a) advises that the area is subject to enforcement under this part;
(b) provides a description of the area included in the designation, including its borders; and
(c) provide a brief description of enforcement actions a person may be subject to while within the designated area.
12. Page , Lines 209 through 211 :
209
(1)
The sheriff or chief of police implementing this part shall ensure that all officers
210 charged with enforcing this part successfully complete appropriate training on identification of
211 gang members and criminal street gangs
and the departmental policy regarding racial profiling
.
(2) As used in this section, "racial profiling" means the practice of including racial or ethnic characteristics in determining whether a person is considered likely to commit a particular type of criminal offense.
(2) As used in this section, "racial profiling" means the practice of including racial or ethnic characteristics in determining whether a person is considered likely to commit a particular type of criminal offense.
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sb0016.hfa.01.wpd LRGC Sallred Sallred