CRIMES AND OFFENSES: Street Gang Terrorism and Prevention: Enact the Georgia Street Gangs Act of 1998; Change Provisions Relating to Designated Felonies in Juvenile Court; Provide Procedures to Appoint Additional Assistant District Attorneys; Make Acts Designed to Prevent Information About Criminal Activities from Being Reported to Law Enforcement Unlawful; Make Certain Conduct Intended to Obstruct Justice Unlawful; Provide Enhanced Penalties for Terroristic Acts and Threats Done in Retaliation for Persons Having Cooperated with Law Enforcement; Change Definition for "Racketeering Activity" Under the Georgia RICO Act; Revise Comprehensively the Georgia Street Gang Terrorism and Prevention Act; Make Certain Activities Relating to Criminal Street Gangs Unlawful; Provide for Abatement of Certain Nuisances; Provide for Injunctions and Damages Through Civil Actions; Provide Additional Conditions of Bail Under Certain Circumstances; Provide for Restraining Orders and Protective Orders; Provide Procedures Related to Temporary Restraining Orders; Require Certain Educational Facilities to Report Criminal Gang Activities; Expand Required Peace Officer Training; Request and Encourage State and Local Officials to Develop Policies and Procedures Relating to Incarceration of Criminal Street Gangs Members Skip over navigation
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Copyright (c) 1998 Georgia State University
Georgia State University Law Review

CRIMES AND OFFENSES: Street Gang Terrorism and Prevention: Enact the Georgia Street Gangs Act of 1998; Change Provisions Relating to Designated Felonies in Juvenile Court; Provide Procedures to Appoint Additional Assistant District Attorneys; Make Acts Designed to Prevent Information About Criminal Activities from Being Reported to Law Enforcement Unlawful; Make Certain Conduct Intended to Obstruct Justice Unlawful; Provide Enhanced Penalties for Terroristic Acts and Threats Done in Retaliation for Persons Having Cooperated with Law Enforcement; Change Definition for "Racketeering Activity" Under the Georgia RICO Act; Revise Comprehensively the Georgia Street Gang Terrorism and Prevention Act; Make Certain Activities Relating to Criminal Street Gangs Unlawful; Provide for Abatement of Certain Nuisances; Provide for Injunctions and Damages Through Civil Actions; Provide Additional Conditions of Bail Under Certain Circumstances; Provide for Restraining Orders and Protective Orders; Provide Procedures Related to Temporary Restraining Orders; Require Certain Educational Facilities to Report Criminal Gang Activities; Expand Required Peace Officer Training; Request and Encourage State and Local Officials to Develop Policies and Procedures Relating to Incarceration of Criminal Street Gangs Members

Fall, 1998

15 Ga. St. U.L. Rev. 80

Author

Adam P. Princenthal

Excerpt



Code Sections: O.C.G.A.



15-11-37, 15-18-14 (amended), 16-10-32 (new), - 93, 16-11-37, 16-14-3, 16-15-1 to -8, 17-6-1, 17-17-16 (amended), 20-8-6 (new), 35-8- 7 (amended)



Bill Number: HB 1391



Act Number: 696



Georgia Laws: 1998 Ga. Laws 270



Summary: The Act is intended to provide law enforcement and prosecutors with new tools to combat criminal gang activity. The Act approaches the problem of gang activity from multiple fronts. The anchor of the Act is section 8, which revises the "Georgia Street Gang Terrorism and Prevention Act." The new Act focuses on gang activity, rather than gang membership. This new approach is intended to produce a more effective statute, while raising fewer constitutional concerns. Other sections of the Act deal with juveniles who violate the Street Gangs Act, bail for gang-related offenses, witness intimidation laws, and victims' rights laws.



Effective Date: April 1, 1998 1



History



In 1992, the Georgia General Assembly enacted the Georgia Street Gang Terrorism and Prevention Act. 2 The 1992 Act was modeled after a California statute, 3 and was intended to prevent the increase of gang activity in Georgia. 4 At that time, law enforcement officials did not view gang activity in Georgia as a crisis, and the legislation was intended to prevent a "worsening" of the gang situation. 5



Despite the 1992 Act, criminal gang activity in Georgia has increased, "spreading to every corner of Georgia." 6 A 1995 Georgia Bureau of Investigation report showed increased gang activity in the state. 7
 
 
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