SB 102 RACKETEERING ACT CHANGES

Sen Craig Brandt

Actions: [1] SCC/SHPAC/SJC/SFC-SCC [2]germane-SHPAC [4] DP-SJC

Scheduled: Not Scheduled

 Senate Bill 102 (SB 102) amends the Racketeering Act by adding certain crimes to the definition of “racketeering” in the Racketeering Act, adding a definition of “criminal gang”, and creates new crimes for criminal gang activity.    

 Senate Bill 102 (SB 102) makes two changes to the Racketeering Act (Act).

First, the bill amends the Act by adding 11 crimes to the definition of “racketeering”: sexual exploitation of children, criminal sexual penetration, criminal sexual contact, dog and cockfighting, escape from jail or penitentiary, assisting escape, bringing contraband into jail or prison, tampering with public records, impersonating a peace officer and human trafficking. 

Second, the bill amends the definition of “enterprise” to include persons, including criminal gangs.  Therefore, the Racketeering Act applies to gang activity. A “criminal gang” is defined as three or more persons having a common identifying sign, symbol or leadership, who associate in the commission of criminal activities. 

The bill then creates the third degree felony crime of soliciting or coercing another person (including a minor) into becoming or continuing as a member of an enterprise or participating in the racketeering activity of an enterprise. It also creates the first-degree felony crime for a person in a leadership position within an enterprise to finance, supervise or conspire to commit racketeering activity.  A person who is convicted of either of these two new offenses forfeits certain property rights.