District Court Update

March 2009

The legislature has recently passed two new bills addressing gang violence. Senate Bill No. 291, sponsored by Senator Kahn, makes it a felony for a gang member to commit a felony where the "...person’s association or membership in the gang provides the motive, means or opportunity to commit the felony". MCL 750.411u. Senate Bill No. 660 makes it a felony for a person to recruit another to become a gang member. MCL 750.411v. There was no companion bill making gang membership itself a crime.

Both laws were approved by the Governor and take effect on Aril 1, 2009. Recruiting a gang member carries a 5 year or $5,000.00 maximum, and committing a felony as a gang member carries a maximum of 20 years. In addition a person threatens to injure another, or damage their property, to coerce another not to withdraw from a gang faces a 20 year and/or $20,000.00 maximum.

There are two points of interest in these new laws. First, the penalties mentioned may be imposed consecutively and preceding any other term of imprisonment. Second, and of more interest, is the definition of a gang. A "gang" is composed of a group of 5 or more people with a common name or symbol with an established leadership or command structure and a defined membership criteria. Nonprofit organizations are exempted.

Quite clearly the definition is broad enough to include many governmental organizations, such as the Board of Commissioners or Township Boards, which interestingly enough were not exempted. Many other organizations would arguably meet the definition. There does not appear to be any requirement that the "gang" or "gang member" have any illegal intent or history. So my intention when joining a new community group is to make sure that they have 501(C)(3) status before joining.

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