1995-02-27                     House Journal                      Page 0498
HB 205                                                                       
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"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              
activities.                                                                    
                                                                               
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.