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7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill amends the Criminal Code by creating the offense of failure to disperse from
12 loitering in a public place by groups that include gang members.
13 Highlighted Provisions:
14 This bill:
15 . provides that a peace officer may order a group to disperse if the group includes
16 persons an officer reasonably believes to be gang members and is in an area where
17 loitering of groups that include gang members is prohibited by the local law
18 enforcement agency;
19 . requires that the officer warn the group that failure to disperse is subject to arrest;
20 . requires municipal and county legislative bodies to designate areas in their
21 jurisdictions where police officers may require groups that include gang members to
23 . provides that failure to disperse upon the order of an officer is a class B
24 misdemeanor, and a subsequent failure to disperse is a class B misdemeanor subject
25 to a fine of $100;
26 . provides that if, after being ordered to disperse, a member of the group loiters again
27 within specified times and at specified places, the person is guilty of a class B
28 misdemeanor and is subject to a fine of $100;
29 . requires that officers receive training to ensure protection of the constitutional right
30 of collective advocacy;
31 . requires that officers receive training on identification of gang members and
32 criminal street gangs; and
33 . provides definitions.
34 Monies Appropriated in this Bill:
36 Other Special Clauses:
38 Utah Code Sections Affected:
40 76-9-901, Utah Code Annotated 1953
41 76-9-902, Utah Code Annotated 1953
42 76-9-903, Utah Code Annotated 1953
43 76-9-904, Utah Code Annotated 1953
44 76-9-905, Utah Code Annotated 1953
45 76-9-906, Utah Code Annotated 1953
46 76-9-907, Utah Code Annotated 1953
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 76-9-901 is enacted to read:
51 76-9-901. Title.
52 This part is known as "Prohibition of Gang Activity."
53 Section 2. Section 76-9-902 is enacted to read:
54 76-9-902. Definitions.
55 As used in this part:
56 (1) "Criminal street gang" means an organization, association in fact, or group of three
57 or more persons, whether operated formally or informally:
58 (a) that is currently in operation;
59 (b) that has as one of its substantial activities the commission of one or more predicate
60 gang crimes;
61 (c) that has, as a group, an identifying name or an identifying sign or symbol, or both;
63 (d) whose members, acting individually or in concert with other members, engage in or
64 have engaged in a pattern of criminal gang activity.
65 (2) "Gang loitering" means a person remains in one place under circumstances that
66 would cause a reasonable person to believe that the purpose or effect of that behavior is to
67 enable or facilitate a criminal street gang to:
68 (a) establish control over one or more identifiable areas;
69 (b) intimidate others from entering those areas; or
70 (c) conceal illegal activities.
71 (3) "Pattern of criminal gang activity" means committing, attempting to commit,
72 conspiring to commit, or soliciting the commission of two or more predicate gang crimes
73 within five years, if the predicate gang crimes are committed:
74 (a) (i) by two or more persons; or
75 (ii) by an individual at the direction of or in association with a criminal street gang; and
76 (b) with the specific intent to promote, further, or assist in any criminal conduct by
77 members of a criminal street gang.
78 (4) (a) "Predicate gang crime" means any of the following offenses:
79 (i) any criminal violation of:
80 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
81 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
82 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
83 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
84 (ii) Sections 76-5-102 through 76-5-103.5 , which address assault offenses;
85 (iii) Title 76, Chapter 5, Part 2, Criminal Homicide;
86 (iv) Sections 76-5-301 through 76-5-304 , which address kidnapping and related
88 (v) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
89 (vi) Title 76, Chapter 6, Part 1, Property Destruction;
90 (vii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
91 (viii) Title 76, Chapter 6, Part 3, Robbery;
92 (ix) any felony offense under Title 76, Chapter 6, Part 4, Theft, except Sections
93 76-6-404.5 , 76-6-405 , 76-6-407 , 76-6-408 , 76-6-409 , 76-6-409.1 , 76-6-409.3 , 76-6-409.6 ,
94 76-6-409.7 , 76-6-409.8 , 76-6-409.9 , 76-6-410 , and 76-6-410.5 ;
95 (x) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504 , 76-6-505 , 76-6-507 ,
96 76-6-508 , 76-6-509 , 76-6-510 , 76-6-511 , 76-6-512 , 76-6-513 , 76-6-514 , 76-6-516 , 76-6-517 ,
97 76-6-518 , and 76-6-520 ;
98 (xi) Title 76, Chapter 6, Part 11, Identity Fraud Act;
99 (xii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections
100 76-8-302 , 76-8-303 , 76-8-304 , 76-8-307 , 76-8-308 , and 76-8-312 ;
101 (xiii) Section 76-8-508 , which includes tampering with a witness;
102 (xiv) Section 76-8-508.3 , which includes retaliation against a witness or victim;
103 (xv) Section 76-8-509 , which includes extortion or bribery to dismiss a criminal
105 (xvi) Title 76, Chapter 10, Part 3, Explosives;
106 (xvii) Title 76, Chapter 10, Part 5, Weapons;
107 (xviii) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
108 (xix) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
109 (xx) Section 76-10-1801 , which addresses communications fraud;
110 (xxi) Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction
111 Reporting Act;
112 (xxii) Section 76-10-2002 , which addresses burglary of a research facility; and
113 (xxiii) Title 41, Chapter 1a, Motor Vehicle Act:
114 (A) Section 41-1a-1313 , regarding possession of a motor vehicle without an
115 identification number;
116 (B) Section 41-1a-1315 , regarding false evidence of title and registration;
117 (C) Section 41-1a-1316 , regarding receiving or transferring stolen vehicles;
118 (D) Section 41-1a-1317 , regarding selling or buying a vehicle without an identification
119 number; and
120 (E) Section 41-1a-1318 , regarding the fraudulent alteration of an identification number.
121 (b) "Predicate gang crime" also includes:
122 (i) any state or federal criminal offense that by its nature involves a substantial risk that
123 physical force may be used against another in the course of committing the offense; and
124 (ii) any felony violation of a criminal statute of any other state, the United States, or
125 any district, possession, or territory of the United States which would constitute any offense in
126 Subsection (4)(a) if committed in this state.
127 (5) (a) "Public place" means any location or structure to which the public or a
128 substantial group of the public has access, and includes:
129 (i) a sidewalk, street, or highway;
130 (ii) a public park, public recreation facility, or any other area open to the public;
131 (iii) a shopping mall, sports facility, stadium, arena, theater, movie house, or
132 playhouse, or the parking lot or structure adjacent to any of these; and
133 (iv) the common areas of schools, hospitals, apartment houses, office buildings,
134 transport facilities, and businesses.
135 (b) "Public place" includes the lobbies, hallways, elevators, restaurants and other
136 dining areas, and restrooms of any of the locations or structures under Subsection (5)(a).
137 Section 3. Section 76-9-903 is enacted to read:
138 76-9-903. Gang loitering -- Failure to disperse -- Penalties.
139 (1) When a law enforcement officer observes a person whom the officer reasonably
140 believes to be a member of a criminal street gang engaging in gang loitering in the presence of
141 one or more other persons in any public place where gang loitering is prohibited under Section
142 76-9-905 , the police officer shall:
143 (a) inform all the persons that they are within an area in which loitering by a group
144 containing one or more criminal street gang members is prohibited;
145 (b) order all the persons in the group to disperse and remove themselves from within
146 sight and hearing of the location where the officer issues the order to disperse; and
147 (c) inform the persons that any person in the group will be subject to being charged
148 with a criminal offense and will also be subject to arrest if the person fails to promptly obey the
149 order to disperse.
150 (2) The officer under Subsection (1) shall also advise the persons the officer is
151 directing to disperse that each of the persons directed to disperse is subject to being charged
152 with a criminal offense and will also be subject to arrest if the person is again, within eight
153 hours after the current order to disperse is made:
154 (a) present in a public place with a group that includes one or more persons a peace
155 officer reasonably believes to be a member of a criminal street gang; and
156 (b) within sight or hearing of the location where the law enforcement officer is
157 currently issuing the order to disperse.
158 Section 4. Section 76-9-904 is enacted to read:
159 76-9-904. Failure to disperse -- Penalties.
160 (1) (a) Failure to comply with an order issued under Subsection 76-9-903 (1)(b) to
161 disperse is a class B misdemeanor of failure to disperse.
162 (b) Any second and subsequent violation of Subsection (1)(a) is a class B misdemeanor
163 of failure to disperse and is subject to a fine of not less than $100, unless the court finds
164 mitigating circumstances justifying a lesser punishment and makes that finding a part of the
165 court record.
166 (2) (a) A person is guilty of a class B misdemeanor of subsequent failure to disperse
168 (i) is present in a public place with or as part of a group of two or more persons, and
169 that group includes one or more persons a peace officer reasonably believes to be a member of
170 a criminal street gang; and
171 (ii) is within sight or hearing of a location where a law enforcement officer issued an
172 order to the person to disperse under Section 76-9-903 within the prior eight hours.
173 (b) A violation of Subsection (2)(a) is subject to a fine of not less than $100, unless the
174 court finds mitigating circumstances justifying a lesser punishment and makes that finding a
175 part of the court record.
176 Section 5. Section 76-9-905 is enacted to read:
177 76-9-905. Designation of areas where orders to disperse are authorized and gang
178 loitering is prohibited.
179 (1) Municipal and county legislative bodies shall, within their respective jurisdictions,
180 designate the areas within their jurisdictions that they have determined are subject to the
181 enforcement of Section 76-9-903 because criminal street gangs have been able to or are
182 attempting to:
183 (a) establish control over these identifiable areas;
184 (b) intimidate others from entering those areas; or
185 (c) conceal illegal activities conducted in those areas.
186 (2) (a) Prior to designating areas subject to enforcement under Section 76-9-903 , the
187 legislative body shall 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.
189 (b) Persons consulted under Subsection (2)(a) may include:
190 (i) members of local law enforcement agencies who have training or experience related
191 to criminal street gangs;
192 (ii) other agency personnel with particular knowledge of gang activities in the proposed
193 designated area;
194 (iii) elected and appointed officials of the area where the proposed designated area is
195 located; and
196 (iv) representatives of community-based organizations.
197 (3) The municipal or county legislative body shall develop and implement procedures
198 for periodic review and update of area designations it makes under Subsection (1).
199 Section 6. Section 76-9-906 is enacted to read:
200 76-9-906. Protection of constitutional rights.
201 (1) This section does not affect or limit any individual's constitutional right to engage
202 in collective advocacy activities that are protected by the constitution or laws of this state or by
203 the constitution or laws of the United States.
204 (2) The sheriff or chief of police shall issue a written directive to all agency employees
205 that provides information on preventing the enforcement of Section 76-9-903 against persons
206 who are engaged in constitutionally protected collective advocacy activities.
207 Section 7. Section 76-9-907 is enacted to read:
208 76-9-907. Training for participating law enforcement officers.
209 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.
Legislative Review Note
as of 11-19-08 1:30 PM