Legislature(1995 - 1996)

1995-02-27 House Journal

Full Journal pdf

1995-02-27                     House Journal                      Page 0497
HB 205                                                                       
HOUSE BILL NO. 205 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
"An Act relating to a claim based on criminal street gang activity;           
relating to offenses related to criminal street gang activities;               
relating to the crime of recruitment for, sentencing for, and                  
forfeiture of property relating to criminal street gang activities;            
restricting criminal street gang offenders from obtaining a permit             
to carry a concealed handgun; amending Alaska Rule of Civil                    
Procedure 82; and providing for an effective date."                            
was read the first time and referred to the Health, Education & Social         
Services, State Affairs and Judiciary Committees.                              
The following fiscal notes apply:                                              
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95              
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              

1995-02-27                     House Journal                      Page 0498
HB 205                                                                       
The Governor's transmittal letter, dated February 27, 1995, appears            
"Dear Speaker Phillips:                                                        
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the prevention of criminal activities by       
street gangs.  These crimes have become a distressing part of life in          
Anchorage and other urban areas of the state.  Gangs have been                 
responsible for drive-by shootings, random brutal violence, and a major        
increase in drug trafficking.  If we cannot control the criminal acts of       
gangs, we cannot control crime as a whole in this state.                       
This bill will allow us to crack down on criminal activities of gangs in       
this state in several different ways.  First, it creates a civil cause of      
action for victims against gang members, affording treble damages and          
full reasonable attorney fees, for harm resulting from the member's            
participation in the criminal street gang.  If the gang member is an           
unemancipated minor, the parent of the minor is liable, as well.               
Next, the bill makes it a crime (a class C felony) for a person to use         
or threaten to use force to induce another person to participate in, or        
commit a crime on behalf of, a criminal street gang.  The bill also            
makes it a crime (a class A misdemeanor) for an adult to encourage or          
recruit a minor to participate in a criminal street gang, even if force or     
the threat of force is not used.                                               
The bill allows the court to impose criminal forfeiture to the state of        
certain property used in or obtained through criminal street gang              
This bill also makes it an aggravator for presumptive sentencing               
purposes in felony cases for a person to commit an offense for the             
benefit of, at the direction of, or in association with a street gang.  If     
the offense is not a felony, this bill will increase the level of the          
offense, so that a class B misdemeanor that is related to criminal street      
gang activities will be a class A misdemeanor and a class A                    
misdemeanor that is related to criminal street gang activities will be a       
class C felony.  Crimes committed in association with gang activity            
generally result in more serious injury or damage than other offenses,         
and it is appropriate that they be treated more seriously.                     

1995-02-27                     House Journal                      Page 0499
HB 205                                                                       
Finally, the bill amends concealed handgun permit statutes in AS18.65          
to prohibit those who have committed or are charged with committing            
certain misdemeanor offenses related to criminal street gang activities        
from being eligible for a concealed handgun permit.  Under existing            
AS18.65.705(2), a felony charge or conviction, whether or not related          
to criminal street gang activities, would make a person ineligible for         
a permit.                                                                      
We need to free our communities from the fear created by criminal              
activities of street gangs.  We can do this by stopping the recruitment        
of minors into gangs for these activities and by increasing the penalties      
for those who commit crimes as part of a gang or on behalf of a gang.          
This bill does both.  I urge your favorable action on it.                      
		Tony Knowles