HEARING ALERT: Criminal Gang Offenses - Penalties, Procedure, And Elements

Important Legislation Assists Prosecutors To More Effectively Target Criminal Gang Enterprises

Note: Senate Judicial Proceedings Committee to Hold Hearing on SB 198 on January 30, 2018, 1:00 PM

“We will introduce emergency legislation to further strengthen Maryland’s gang statutes and RICO laws to allow Maryland prosecutors to more effectively build and prosecute cases against and to take down these criminal gang enterprises.” - Governor Larry Hogan, December 5, 2017

Governor Hogan’s Proposed Criminal Gang Offenses - Penalties, Procedures, And Elements Legislation Is Part Of His Statewide Violent Crimes Initiatives

In December 2017, Governor Hogan Announced A Series Of Bold Initiatives Aimed At Combating Criminal Gang Enterprises And Repeat Violent Offenders Across The State. “Governor Larry Hogan today joined with federal, state, and local law enforcement officers and officials to announce a series of initiatives to combat criminal gang enterprises and repeat violent offenders responsible for terrorizing Baltimore City and participating in violent crime throughout the state. The governor’s announcements include state and federal law enforcement assistance targeting the violent crime ravaging Baltimore City; legislation to ensure that violent criminals serve their full prison sentence; and a new, collaborative data-sharing network to help prosecutors and law enforcement bring down criminal networks across the state.” (Press Release, “Governor Larry Hogan Announces Statewide Violent Crime Initiatives,” Office Of The Governor, 12/5/17)
Governor Hogan: “Let me be crystal clear – I have absolutely no tolerance whatsoever for these repeat violent offenders or these criminal gangs causing lawlessness in our streets… Our focus is to give law enforcement officers, prosecutors, and judges the tools they need to get these violent criminals off the streets and into prison.” (Press Release, “Governor Larry Hogan Announces Statewide Violent Crime Initiatives,” Office Of The Governor, 12/5/17)

Governor Hogan Has Been Committed To Curbing Gang Activity In Maryland

In 2016, Governor Hogan Signed Legislation (Justice Reinvestment Act) Which Included An Amendment To Maryland’s Gang Statute To Be Better Modeled After The Federal Racketeer Influenced And Corrupt Organization Act (RICO); Maryland Became The 34th State To Adopt RICO Laws. “Governor Hogan is proposing legislation that would amend Maryland’s Gang Statute to better model it after the federal Racketeer Influenced and Corrupt Organization Act (RICO). The federal RICO Act, originally passed in 1970 to combat organized crime, has been expanded and used to go after a variety of organizations, from corrupt police departments to motorcycle gangs. Although 33 states have also adopted similar state RICO laws, Maryland has not.” “Additionally, the legislation models state law after the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to allow prosecutors to target high-level drug traffickers.” (Press Release, “Governor Larry Hogan Introduces Legislation To Combat Maryland’s Heroin And Opioid Epidemic,” Office Of The Governor, 1/26/16; Press Release, “Governor Larry Hogan Signs 144 Bills Into Law,” Office Of The Governor, 5/19/16)

In 2015, Governor Hogan Announced The Immediate Closure Of The Baltimore City Detention Center, Which Was Plagued By Gang Violence And Activity, And Unsafe Conditions For Inmates And Employees. “Governor Larry Hogan today announced that the notorious Baltimore City Detention Center (BCDC) – Men’s Detention Center will close immediately, bringing to an end the facility’s long history of corruption, appalling conditions, and waste of tax dollars. The closure of the Men’s Detention Center will dramatically improve staff, detainee, and public safety conditions, while also saving Maryland taxpayers millions of dollars per year… The Baltimore City Detention Center made national and international headlines in 2013 when it was revealed that a number of employees at the state-run facility had allegedly collaborated with a Baltimore jail gang, the Black Guerrilla Family, to smuggle drugs, cellphones, and other banned items into the jail.” (Press Release, “Governor Larry Hogan Announces Closure Of Baltimore City Detention Center,” Office Of The Governor, 7/30/15)

Criminal Gang Offenses - Penalties, Procedure, And Elements

Governor Hogan Proposed Legislation Further Strengthening Maryland’s Gang And RICO Statutes By Removing The State’s Requirement To Prove That The Defendant Engaged In The Pattern Of Criminal Activity (Two Or More Underlying Crimes). “[‘Pattern of criminal gang activity’ means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were part of the same incident.]... A person may not [: participate in a criminal gang knowing that the members of the gang engage in a pattern of criminal gang activity…” (“Senate Bill 198,” Maryland General Assembly, 1/17/18)