House of Representatives

SB 1141

crimes; assault; drugs; gangs

Sponsors: Senator Richardson; Representatives Voss, Giffords

 

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Committee on Judiciary

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Committee on Retirement and Government Operations

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

SB 1141 classifies the crime of assisting a criminal street gang and allows a judicial officer to inquire into the source of the property offered by a defendant for bail.

 

Current Status

SB 1198 passed the Judiciary Committee unamended.

History

Assault is defined as intentionally, knowingly or recklessly causing physical injury to another person.  A person commits aggravated assault if the person commits assault and certain circumstances exist, such as the use of a deadly weapon during the commission of the assault or if the victim of the assault is a child.

 

Assisting a criminal syndicate in association with a criminal street gang, which is the commission of any felony offense while involved with a criminal street gang with the intent to promote, further or assist the criminal conduct of the gang, is a Class 3 felony (3.5 years prison/up to $150,000 fine).

 

Provisions

§         Classifies assault committed against a person in violation of an order of protection or emergency order of protection issued in another jurisdiction as aggravated assault.

§         Separates the crime of assisting a criminal street gang from its current grouping in the criminal syndicate statute, and places it in a new section of law, retaining its current penalty of a Class 3 felony.

§         Specifies that assisting a criminal street gang consists of a felony preparatory or completed offense. [d1] 

§         SSSSStipulates that a judicial officer may inquire into the source of the property offered as collateral to secure a bond and may decline property offered as collateral if the property would not reasonably assure the defendant’s appearance.

§         Makes technical and conforming changes.

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§         45th Legislature                 

§         Second Regular Session      2          April 10, 2002

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 [d1]since this is already in current law I don’t know if this is necessary – if you think it is important, let’s keep it but let everyone know that we are just moving it along with the crime to a new section of law.