Senate Bill No. 123
(By Senator Buckalew)
[Originating in the Committee on the Judiciary;
reported March 5, 1998.]
A BILL to amend chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-f, relating
to legislative findings; creating a crime of engaging in
illegal conduct in concert with members of certain ongoing
criminal organizations; defining the essential elements of
the crime; and creating penalties.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-f, to read
ARTICLE 3F. CRIMINAL STREET GANGS.
§61-3F-1. Legislative findings.
The Legislature finds that nationally there has been an
increase in crimes committed by highly organized groups of
persons commonly referred to as "street gangs". The Legislature
also finds that it is sound public policy to authorize law
enforcement to deal with such problems in advance rather than
after the fact.
§61-3F-2. Criminal street gangs; prohibitions; penalties.
Any person who, with one or more other persons, agrees or
conspires to commit felony violations of the provisions of
chapter sixty-a of this code or engages in the illegal
trafficking in firearms in violation of the laws of this state or
the United States on two or more occasions, shall be guilty of a
felony and, upon conviction thereof, shall be confined in a state
correctional facility for not less than one nor more than five
years or fined not more than five thousand dollars, or both.