We add these links because all too often motorcyclists are ‘grouped’ into the same legislation as that pertaining to street gangs. We must be ever viligent!
National Gang Threat Assessment 2009
PDF: 48 pages
Of special note:
Page Sec. 2:8
Outlaw Motorcycle Gangs
OMG-related criminal activity poses a threat to public safety in local communities in which these gangs operate because of their wide-ranging criminal activity, propensity to use violence, and ability to counter law enforcement efforts. OMGs are highly structured criminal organizations whose members engage in criminal activities such as violent crime, weapons trafficking, and drug trafficking.
OMGs maintain a strong centralized leadership that implements rules regulating membership, conduct, and criminal activity. As of June 2008 state and local law enforcement agencies estimate that between 280 and 520 OMGs are operating at the national, regional, and local levels. OMGs range in size from a single chapter to hundreds of chapters worldwide. Current law enforcement intelligence estimates indicate that more than 20,000 validated OMG members, divided among hundreds of OMGs, reside in the United States.
. National-level OMG criminal activity poses a serious national domestic threat. Nationallevel OMGs are a considerable concern to law enforcement because they are highly structured organizations with memberships ranging into the thousands, maintaining strong associations with transnational DTOs and other criminal organizations.
In addition, national-level OMGs
maintain criminal networks of regional and local motorcycle clubs, commonly referred to as “support,” “puppet,” or “duck” clubs, whose members conduct criminal activities in support of the larger OMGs, and who are a source for new members.4 Some members of support clubs have acquired employment with private businesses or government agencies, which enables them to provide national-level OMGs with business, government, and financial information that can be used to protect their criminal enterprises, according to open source and published law enforcement information.
. Regional-level OMGs are highly structured organizations that range in size from 50 to several hundred members. In the United States 109 regional-level OMGs have been identified by gang investigators; most support one of the national-level OMGs. Several regional-level OMGs maintain independent associations with transnational DTOs and other criminal organizations.
. Local-level OMGs typically operate in a single state or in a few neighboring states and have fewer than 50 members. They are often support clubs for regional- and national-level OMGs. Local-level OMGs usually have no ties to DTOs or to other criminal organizations.
Page Sec 2: 30: Appendix D. Outlaw Motorcycle Gangs
S.132 : Gang Abatement and Prevention Act of 2009
Title: A bill to increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect law-abiding citizens and communities from violent criminals, to revise and enhance criminal penalties for violent crimes, to expand and improve gang prevention programs, and for other purposes.
Senate Sponsor: Sen. Dianne Feinstein [CA]
COSPNSR: Sen Bayh, Evan [IN], Sen Cantwell, Maria [WA], Sen Hatch, Orrin G. [UT],Sen Kerry, John F. [MA], Sen Kyl, Jon [AZ], Sen Murray, Patty [WA], Sen Roberts, Pat [KS], Sen Schumer, Charles E. [NY] Sen Specter, Arlen [PA]
S.132 Status:
1/6/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
WORDING
SEC. 521. DEFINITIONS.
`In this chapter:
`(1) CRIMINAL STREET GANG- The term `criminal street gang’ means a formal or informal group, organization, or association of 5 or more individuals–
`(A) each of whom has committed at least 1 gang crime; and
`(B) who collectively commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2009, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).
`(2) GANG CRIME- The term `gang crime’ means an offense under Federal law punishable by imprisonment for more than 1 year, or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more in any of the following categories:
`(A) A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion.
`(B) A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.
`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
`(D) Any conduct punishable under–
`(i) section 844 (relating to explosive materials);
`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);
`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);
`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);
`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);
`(vi) sections 1028 and 1029 (relating to fraud, identity theft, and related activity in connection with identification documents or access devices);
`(vii) section 1084 (relating to transmission of wagering information);
`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);
`(ix) section 1956 (relating to the laundering of monetary instruments);
`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); or
`(xi) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).
`(E) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes) of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).
`(F) Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).
`(3) MINOR- The term `minor’ means an individual who is less than 18 years of age.
`(4) SERIOUS VIOLENT FELONY- The term `serious violent felony’ has the meaning given that term in section 3559.
`(5) STATE- The term `State’ means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
`SEC. 522. CRIMINAL STREET GANG PROSECUTIONS.
`(a) Street Gang Crime- It shall be unlawful for any person to knowingly commit, or conspire, threaten, or attempt to commit, a gang crime for the purpose of furthering the activities of a criminal street gang, or gaining entrance to or maintaining or increasing position in a criminal street gang, if the activities of that criminal street gang occur in or affect interstate or foreign commerce.
`(b) Penalty- Any person who violates subsection (a) shall be fined under this title and–
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, imprisonment for any term of years or for life;
`(2) for any other serious violent felony, by imprisonment for not more than 30 years;
`(3) for any crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; and
`(4) for any other offense, by imprisonment for not more than 10 years.
`SEC. 523. RECRUITMENT OF PERSONS TO PARTICIPATE IN A CRIMINAL STREET GANG.
`(a) Prohibited Acts- It shall be unlawful to knowingly recruit, employ, solicit, induce, command, coerce, or cause another person to be or remain as a member of a criminal street gang, or attempt or conspire to do so, with the intent to cause that person to participate in a gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the activities of that criminal street gang are in or affect interstate or foreign commerce.
`(b) Penalties- Whoever violates subsection (a) shall–
`(1) if the person recruited, employed, solicited, induced, commanded, coerced, or caused to participate or remain in a criminal street gang is a minor–
`(A) be fined under this title, imprisoned not more than 10 years, or both; and
`(B) at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the minor until the person attains the age of 18 years;
`(2) if the person who recruits, employs, solicits, induces, commands, coerces, or causes the participation or remaining in a criminal street gang is incarcerated at the time the offense takes place, be fined under this title, imprisoned not more than 10 years, or both; and
`(3) in any other case, be fined under this title, imprisoned not more than 5 years, or both.
`(c) Consecutive Nature of Penalties- Any term of imprisonment imposed under subsection (b)(2) shall be consecutive to any term imposed for any other offense.
`SEC. 524. VIOLENT CRIMES IN FURTHERANCE OF CRIMINAL STREET GANGS.
`(a) In General- It shall be unlawful for any person, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance of, or in association with, a criminal street gang, or as consideration for anything of pecuniary value to or from a criminal street gang, to knowingly commit or threaten to commit against any individual a crime of violence that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or attempt or conspire to do so, if the activities of the criminal street gang occur in or affect interstate or foreign commerce.
`(b) Penalty- Any person who violates subsection (a) shall be punished by a fine under this title and–
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;
`(2) for a serious violent felony other than one described in paragraph (1), by imprisonment for not more than 30 years; and
`(3) in any other case, by imprisonment for not more than 20 years.
`SEC. 525. FORFEITURE.
`(a) Criminal Forfeiture- A person who is convicted of a violation of this chapter shall forfeit to the United States–
`(1) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation; and
`(2) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation.
`(b) Procedures Applicable- Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsections (a) and (d) of that section, shall apply to the criminal forfeiture of property under this section.’.
(b) Amendment Relating to Priority of Forfeiture Over Orders for Restitution- Section 3663(c)(4) of title 18, United States Code, is amended by striking `chapter 46 or’ and inserting `chapter 26, chapter 46, or’.
(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `, section 522 (relating to criminal street gang prosecutions), 523 (relating to recruitment of persons to participate in a criminal street gang), and 524 (relating to violent crimes in furtherance of criminal street gangs)’ before `, section 541′.
(d) Amendment of Special Sentencing Provision Prohibiting Prisoner Communications- Section 3582(d) of title 18, United States Code, is amended–
(1) by inserting `chapter 26 (criminal street gangs),’ before `chapter 95′; and
(2) by inserting `a criminal street gang or’ before `an illegal enterprise’.
TITLE II–VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
Section 1959(a) of title 18, United States Code, is amended–
(1) in the matter preceding paragraph (1)–
(A) by inserting `or in furtherance or in aid of an enterprise engaged in racketeering activity,’ before `murders,’; and
(B) by inserting `engages in conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States,’ before `maims,’;
(2) in paragraph (1), by inserting `conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming,’ after `kidnapping,’;
(3) in paragraph (2), by striking `maiming’ and inserting `assault resulting in serious bodily injury’;
(4) in paragraph (3), by striking `or assault resulting in serious bodily injury’;
(5) in paragraph (4)–
(A) by striking `five years’ and inserting `10 years’; and
(B) by adding `and’ at the end; and
(6) by striking paragraphs (5) and (6) and inserting the following:
`(5) for attempting or conspiring to commit any offense under this section, by the same penalties (other than the death penalty) as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.’.
SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:
`SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
`(a) In General- Whoever, during and in relation to any drug trafficking crime, knowingly commits any crime of violence against any individual that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and–
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;
`(2) for a serious violent felony (as defined in section 3559 of title 18, United States Code) other than one described in paragraph (1) by imprisonment for not more than 30 years;
`(3) for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; and
`(4) in any other case by imprisonment for not more than 10 years.
`(b) Venue- A prosecution for a violation of this section may be brought in–
`(1) the judicial district in which the murder or other crime of violence occurred; or
`(2) any judicial district in which the drug trafficking crime may be prosecuted.
`(c) Definitions- In this section–
`(1) the term `crime of violence’ has the meaning given that term in section 16 of title 18, United States Code; and
`(2) the term `drug trafficking crime’ has the meaning given that term in section 924(c)(2) of title 18, United States Code.’.
(b) Clerical Amendment- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 423, the following:
`Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.’.
SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
Section 3142(e) of title 18, United States Code, is amended in the matter following paragraph (3), by inserting after `that the person committed’ the following: `an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime or crime of violence (as those terms are defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 922,’.
SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 3299A. Violent crime offenses
`No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.’.
(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:
`3299A. Violent crime offenses.’.
SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
The Judicial Conference of the United States shall study the necessity and desirability of amending section 804(b) of the Federal Rules of Evidence to permit the introduction of statements against a party by a witness who has been made unavailable where it is reasonably foreseeable by that party that wrongdoing would make the declarant unavailable.
SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General- Section 924(e) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following:
`(1) In the case of a person who violates section 922(g) of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall–
`(A) in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both;
`(B) in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; and
`(C) in the case of 3 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for any term of years not less than 15 years or for life and fined under this title, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).’.
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide for an appropriate increase in the offense level for violations of section 922(g) of title 18, United States Code, in accordance with section 924(e) of that title 18, as amended by subsection (a).
SEC. 207. CONFORMING AMENDMENT.
The matter preceding paragraph (1) in section 922(d) of title 18, United States Code, is amended by inserting `, transfer,’ after `sell’.
SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking- Section 2119 of title 18, United States Code, is amended–
(1) in the matter preceding paragraph (1), by striking `, with the intent’ and all that follows through `to do so, shall’ and inserting `knowingly takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person of another by force and violence or by intimidation, causing a reasonable apprehension of fear of death or serious bodily injury in an individual, or attempts or conspires to do so, shall’;
(2) in paragraph (1), by striking `15 years’ and inserting `20 years’;
(3) in paragraph (2), by striking `or imprisoned not more than 25 years, or both’ and inserting `and imprisoned for any term of years or for life’; and
(4) in paragraph (3), by inserting `the person takes or attempts to take the motor vehicle in violation of this section with intent to cause death or cause serious bodily injury, and’ before `death results’.
(b) Clarification and Strengthening of Prohibition on Illegal Gun Transfers To Commit Drug Trafficking Crime or Crime of Violence- Section 924(h) of title 18, United States Code, is amended to read as follows:
`(h) Whoever knowingly transfers a firearm that has moved in or that otherwise affects interstate or foreign commerce, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be fined under this title and imprisoned not more than 20 years.’.
(c) Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association- Section 3582(d) of title 18, United States Code, is amended–
(1) by inserting `chapter 26 of this title (criminal street gang prosecutions) or in’ after `felony set forth in’; and
(2) by inserting `a criminal street gang or’ before `an illegal enterprise’.
(d) Conspiracy Penalty- Section 371 of title 18, United States Code, is amended by striking `five years, or both.’ and inserting `10 years (unless the maximum penalty for the crime that served as the object of the conspiracy has a maximum penalty of imprisonment of less than 10 years, in which case the maximum penalty under this section shall be the penalty for such crime), or both.
