The Senate Corrections and Criminal Law Committee heard SB 141 concerning criminal gang activity authored by Sen. R. Michael Young. The author explained that this bill changes the term “criminal gang” to “criminal organization” and provides that a criminal organization is a group organized to commit a crime. Under current law, a criminal gang is a group organized to commit a felony. The legislation increases the penalty for assisting a criminal to a Level 6 felony if the person who commits the offense or the person assisted is a member of a criminal organization. It makes criminal organization activity a Class A misdemeanor, increases the penalty to a Level 6 felony if the person has a prior unrelated conviction for the offense, and increases the penalty to a Level 5 felony if the person commits an offense involving the unlawful use of a firearm. The bill specifies certain additional evidence that the trier-of-fact may consider in determining whether a person has committed specified offenses involving criminal organization.
Testimony supporting the bill was received from the Marion County Prosecutor who also stated support as a member of the Indiana Prosecuting Attorneys Council, as well as a member from the Indiana Retail Council. The Executive Director of the Indiana Public Defender Council, testified raising concern that changing the terminology from “a criminal organization to commit a crime” instead of a felony was too broad and supported a proposed amendment by Sen. Tallian to read “a criminal organization to commit a felony.” Sen. Tallian’s amendment was adopted by consent. The bill passed as amended 9-0.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/141