Florida HB 429: Criteria for Determining Criminal Gang Membership

Bill Text

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An act relating to criteria for determining criminal 2
gang membership; amending s. 874.03, F.S.; revising 3
the definition of the term "criminal gang member"; 4
defining the term "gang-related language"; reenacting 5
ss. 823.05(2)(a), 921.141(6)(n), and 951.23(11), F.S., 6
all relating to the definition of the term "criminal 7
gang member", to incorporate the amendment made to s. 8
874.03, F.S., in references thereto; providing an 9
effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsections (6), (7), and (8) of section 14
874.03, Florida Statutes, are renumbered as subsections (7), 15
(8), and (9), respectively, subsection (3) of that section is 16
amended, and a new subsection (6) is added to that section, to 17
read: 18
874.03 Definitions.—As used in this chapter: 19
(3) "Criminal gang member" means is a person who meets two 20
or more of the following criteria: 21
(a) Admits in person or on an online platform or social 22
media that he or she is a criminal gang member. 23
(b)(a) Is identified or claimed by a Admits to criminal 24
gang as one of its members membership. 25

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(c)(b) Is identified as a criminal gang member by a 26
parent, or guardian, or spouse living with the person. 27
(d)(c) Is identified as a criminal gang member by a 28
documented reliable informant. 29
(e)(d) Adopts the style of dress of a criminal gang. 30
(f)(e) Adopts the use of a hand sign identified as used by 31
a criminal gang. 32
(g)(f) Has a tattoo identified as used by a criminal gang. 33
(h)(g) Associates with one or more known criminal gang 34
members. 35
(i)(h) Is identified as a criminal gang member by an 36
informant of previously untested reliability and such 37
identification is corroborated by independent information. 38
(j)(i) Is identified as a criminal gang member by physical 39
evidence. 40
(k)(j) Has been observed in the company of one or more 41
known criminal gang members two four or more times. Observation 42
in a custodial setting requires a willful association. It is the 43
intent of the Legislature to allow this criterion to be used to 44
identify gang members who recruit and organize in jails, 45
prisons, and other detention settings. 46
(l)(k) Has authored any communication indicating gang 47
affiliation or gang activity or accepting responsibility for the 48
commission of any crime by a the criminal gang member. 49
(m) Uses gang-related language in furtherance of criminal 50

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gang-related activity on an online platform or social media. 51
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Where a single act or factual transaction satisfies the 53
requirements of more than one of the criteria in this 54
subsection, each of those criteria has thereby been satisfied 55
for the purposes of this subsection the statute. 56
(6) "Gang-related language" means any verbal or written 57
statement that signals gang affiliation, supports gang activity, 58
or uses recognized gang codes, symbols, or terminology 59
associated with criminal organizations. Written statements 60
include any digital or electronic statements, including 61
statements made on any online platform or social media. 62
Section 2. For the purpose of incorporating the amendment 63
made by this act to section 874.03, Florida Statutes, in a 64
reference thereto, paragraph (a) of subsection (2) of section 65
823.05, Florida Statutes, is reenacted to read: 66
823.05 Places and groups engaged in certain activities 67
declared a nuisance; abatement and enjoinment.— 68
(2)(a) As used in this subsection, the terms "criminal 69
gang," "criminal gang member," "criminal gang associate," and 70
"criminal gang-related activity" have the same meanings as 71
provided in s. 874.03. 72
Section 3. For the purpose of incorporating the amendment 73
made by this act to section 874.03, Florida Statutes, in a 74
reference thereto, paragraph (n) of subsection (6) of section 75

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921.141, Florida Statutes, is reenacted to read: 76
921.141 Sentence of death or life imprisonment for capital 77
felonies; further proceedings to determine sentence.— 78
(6) AGGRAVATING FACTORS.—Aggravating factors shall be 79
limited to the following: 80
(n) The capital felony was committed by a criminal gang 81
member, as defined in s. 874.03.