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SB 602 - This act shall be known as the "Missouri Criminal Street Gangs Prevention Act". The act modifies the definition of a "criminal street gang" by defining such an organization to have as one of its motivating, rather than primary, activities the commission of one or more criminal acts. The definition of "pattern of criminal street gang activity" is modified to include "dangerous felony" as one of the offenses that would constitute a pattern. Currently, any person who actively participates in any criminal street gang with knowledge that its members engage in a pattern of criminal street gang activity and who willfully promotes such criminal conduct shall be punished by one year in the county jail or one to three years of imprisonment in a state correctional facility. This act provides that such a person who actively participates in any criminal street gang that engages in a pattern of criminal conduct shall be guilty of a Class B felony. Further, this act changes the mental state and penalty for any person who is convicted of a felony or misdemeanor which is committed for the benefit of, at the direction of, or in association with, a criminal street gang. This act provides that such action must be with the purpose, rather than specific intent, to promote, further, or assist in any criminal conduct by gang members. The act repeals the applicability of this provision to a misdemeanor and provides that for a felony, the person shall receive an additional three years of imprisonment, rather than one to three years. If the felony occurs near a school, the additional term shall be four years, rather than two to four years. Upon receiving a referral from a law enforcement agency alleging a violation of criminal provisions involving street gangs, this act requires a prosecuting attorney of any county with more than 600,000 inhabitants or the St. Louis Circuit Attorney to either, within sixty days, commence a prosecution or decline prosecution. If such a prosecuting or circuit attorney fails to commence a prosecution within 60 days or declines prosecution, the law enforcement agency may request a reconsideration of the decision. If the prosecuting or circuit attorney fails to commence a prosecution within 15 days of the request to reconsider, then the Attorney General shall have authority to commence such a prosecution. MARY GRACE BRUNTRAGER
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