By Dan Kane, Mark Johnson
McClatchy Newspapers
RALEIGH, N.C. — If you belong to a gang, this could be a good time to get out.
People could soon face tough penalties for participating in the hundreds of street gangs that state officials say are committing crimes across North Carolina.
The state House and Senate on Tuesday overwhelmingly approved sweeping legislation that defines gang activity and creates several felonies for those who take part in it.
At the same time, the legislation gives a break to youthful offenders. Those under age 16 could not be charged with the gang-related felonies, and first-time offenders of some of the lesser felonies could get their convictions expunged if they stayed out of trouble.
“We are going after those individuals who are kingpins, who are leaders and organizers of the gang, but we are also showing some sensitivity to those first-time offenders,” said state Sen. Malcolm Graham, a Charlotte Democrat and a chief sponsor of anti-gang legislation.
Since 2005, lawmakers have been trying to get tough on gangs. The most recent report from the Governor’s Crime Commission found more than 550 gangs in the state and nearly 15,000 members.
But some are concerned about the expansiveness of the legislation, as well as its emphasis on punishment. The Rev. Melvin Whitley is the outreach minister for Ebenezer Baptist Church in Durham and serves on the city’s anti-gang task force. He said police and judges need to get gang members off the streets but also need to keep youths from joining.
“We’re finding more ways to lock them up than we’re finding ways to educate them, or to provide resources for them when they come out,” Whitley said.
The Senate approved the bill 45-0, while the House vote was 110-1. As the bill moved quickly through the House and Senate on Tuesday, the sole complaint was that it cut too much of a break for offenders under 16.
“Those provisions ought to allow us to capture some of the younger individuals who, quite frankly, are at the root of these problems,” said Senate Minority Leader Phil Berger, a Rockingham County Republican.
Attorney General Roy Cooper withheld comment on the measure, which emerged from negotiations among House and Senate members Monday evening. His staff said he had not reviewed it.
Money for prevention
The legislation is the punitive part of a carrot and stick approach. Last month, lawmakers passed legislation to steer money to communities for intervention and prevention.
The state budget bill includes $10 million for those programs, but the money would not have been released if the gang penalty legislation languished.
Gastonia Police Chief Terry Sult said the legislation could prevent a “funneling” of gangs to North Carolina because surrounding states have statutes to combat gang activity. Charlotte-Mecklenburg Police Chief Rodney Monroe said the new law will expand his officers’ ability to combat crime.
“A lot of kids go into gangs based on fear and intimidation,” Monroe said. The new law “allows us in those cases in which we clearly see kids being intimidated to correct some of that.”
Easley has signed the prevention legislation but has not signed the budget bill. The gang penalty legislation now also goes to his desk.
One question is how the anti-gang push will affect prisons.
Estimates for an earlier version of the bill show gang-related penalties alone could cost the prison system more than $26 million for space and $5 million in operating costs in the first year.
The penalties were expected to add nearly 180 inmates in the first year and then 370 or more in successive years.
CANDIDATES SPEAK
CHARLOTTE MAYOR PAT McCRORY, REPUBLICAN NOMINEE FOR GOVERNOR:
“It’s late and not a perfect bill, but it’s a positive first step ... I’m pleased there is finally some urgency” to a problem that small towns and cities have been wrestling with. “We’re looking for more tools for our police officers and judges.”
LT. GOV. BEVERLY PERDUE, DEMOCRATIC NOMINEE FOR GOVERNOR:
“It’s a first big step ... It’s tough and it’s smart, which is what you want.” She praised the tougher penalties and focus on gang leaders but also the money for community programs to prevent gang membership and keep kids off the street. She’d like to see even harsher penalties for gang leaders.
(Charlotte Observer staff writer Greg Lacour contributed to this report.)
Charlotte Observer staff writer Greg Lacour contributed to this report.
WHAT GANG BILL COVERS, CHANGES
House Bill 274 defines a street gang, adds penalties for gang crime and gives young offenders an opportunity to clear their names.
It identifies a gang as an “ongoing organization, association, or group of three or more persons, whether formal or informal” that primarily commits felonies or delinquent acts that would be considered felonies if committed by adults and may have a common name, identifying sign or symbol.
IT CREATES NEW FELONIES RELATED TO GANG ACTIVITY:
- Discharging firearms from a building or vehicle toward people would be a felony.
- Those belonging to or associated with a gang that takes part in criminal gang activity or acquires property through criminal gang activity would face a felony charge. Gang leaders would face a more serious felony charge.
- Those who solicit or coerce someone age 16 or older to join a gang face a felony. If they solicit or coerce someone younger it’s a harsher penalty.
- Those who threaten a member who wants to leave a gang, or someone who helps a member leave a gang, face a felony. Those who make threats to retaliate after a member has left a gang also face a felony.
The new felonies do not apply to those under age 16, but someone 15 or older who is convicted of a misdemeanor gang related crime could face an enhanced penalty.
Property derived from or used for gang activity can be seized under forfeiture laws.
First-time offenders of lesser felonies can win a conditional discharge and later seek an expunging of the conviction if they stay out of trouble for two years.
The News & Observer