Legal Issues
This one is Scary
From Big Kid:
US Senate Bill S.2358
This Bill is sponsored by 4 Democrat Senators :
Durbin (D-IL), Leahy (D-VT), Feingold (D-WI) and Kennedy (D- MA
This Bill has been read twice on the US Senate Floor and the Bill has been
sent to the Judiciary Committee.
The bills stated purpose:
"Quote" To allow for the prosecution of members of street gangs, and
for other purposes.
What should scare you here is "and for other purposes."
That pretty much gives Law Enforcement an open ended ticket.
Section 1 gives S.2358 the name
American Neighborhoods Taking the Initiative
Guarding Against Neighborhood Gangs Act 2004
That sounds pretty good and something most Americans could go for. After all,
no one wants their children growing up in a gang infested neighborhood. The
example these Senators used was the Blood and Cripps of Los Angeles and what
they do to terrorize a neighborhood.
There are already plenty of laws on the books to take care of these problems.
What is scary here is the broad brush this bill paints across all
organizations and clubs.
The only group excluded from any of this bill, are the Indian Tribes.
Weather you are an MRO such as ABATE or TMRA 2, or an association like CMA,
TMRA, GWRA, HOG or COC, or a Motorcycle Club considered Ma & Pa, 1%er or
other, you may well fall into this definition.
Critical here is the way Section 101 of this bill defines street gangs.In
short the main determining factor of a qualifying to be considered a street
gang is:
1) a common name, insignia, flag, means of recognition, secret signal or code.
2) a common creed, belief, structure, leadership or command structure,
method of operation or criminal enterprise, concentration or specialty.
3) Membership, age or other qualifications, initiation rites,
geographical or territorial sites, boundary, or location or other unifying
mark, manner, protocol, or method of expressing or indicating membership.
What this bill calls a Predicate Gang Crime is any act or threat, or attempted
act or threat, which is chargeable under Federal or State Law and punishable
by imprisonment for more than 1 year, involving so many laws I would be here
all day just listing them. So basically it doesnâ?Tt take a lot to be
considered a street gang involved in street gang crime.
If you are considered a street gang under section 522 you are prohibited from:
recruiting, soliciting, commanding, employing, persuade, induce, entice, or
coerce any person to become a member of or participate in, any criminal street
gang with the intent that the person recruited will do any act to effect the
criminal activities of a criminal street gang.
Remember the definition of a street gang and how it applies.
(If your club falls into this definition and identified as such, your employer
will be forced to terminate your employment and NO Business will be allowed to
employ you as long as you and your club carry this
label.)
Forfeiture under this section in general is a person who violates any
provision of this section and that person shall in addition to any other
penalty and irrespective of any provision of State Law, forfeit to the
United States :
1) any property constituting, or derived from, any proceeds the person
obtained, directly or indirectly, as a result of the violation 2) includes all
forfeitures under the Controlled Substance Act.
Section 104 of senate bill S.2358 gives the authorization of interception of
wire, oral, and electronic communication pretty much on line with the Patriot
Act. Also this gives the attorney generals office the go ahead to provide all
necessary funding for the operation of the street gang enforcement team. This
team will be made up of the whoâ?Ts who of law enforcement. Just to name a
few: ATF, Dept of Homeland Security, Dept of Housing and Urban Development,
DEA, IRS, FBI, US Marshalâ?Ts Service, US Post Office, all State and Local
Law Enforcement and Federal and State Prosecutors.
Here is the funding for local governments excluding the funding at the
discretion of the Attorney Generalâ?Ts Office.
$40 million dollars for each of the next five years for a total of $200
million dollars.
$1 million dollar grant may be given by the Department of Justice to local law
informant for training and to increase accurate identification of gang
members. And yes, the bill actually uses the term
To Increase Identification of Gang Members
Again, please:
Remember the definition of Gang Members and How It May Apply To You
Section 108 the Project Safe Neighborhoods Initiative give the Attorney
Generalâ?Ts Office the ability to add 94 assistant US Attorneys to carry out
this bill when it becomes law.
It also gives $7.5 million over 5 years for them to carry out their duties for
a total of $37.5 million.
To promote crime prevention, research, and intervention activities there is
another
$20 million over 5 years for a total of another $200 million.
The FBI is given $5 million for each year for Safe Street Programs for a total
of $25 million dollars.
Now for some Big Bucks.
$60 million over the next five years for witness protection and relocation.
That is a total of $300 Million more Dollars.
To try and win support for this bill S.2358, they have attached a tuition
reimbursement for any Lawyer who becomes a prosecutor or public defender for
the Government for 3 years after finishing Law School and becoming a Lawyer.
This program is funded by $25 million a year indefinitely.
In Closing, I know all this information and dollar amounts may sound a little
confusing but I think it is very important that we call, e-mail or write our
Senators to Kill this in Committee and not let it get rolling and put our
Right For Free Assembly and our Right to be a patch holding member of a
motorcycle club at risk.
Just remember what the definitions of a:
Street Gang, Criminal Street Gang and the more than $762.5 Million.
That is over a Quarter Billion Dollars aimed directly at everyone that falls
under the umbrella of Street Gang Definitions!
Thank You For Your Time Reading This and Please Call, E-Mail and Wright Your
Senators and All Senators On The Senate Judiciary Committee.
Big Kid
e-mail: bigkid@airmail.net
