RELATING TO CRIMINAL STREET GANGS.

HB1461

HOUSE OF REPRESENTATIVES

H.B. NO.

1461

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to criminal street gangs
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that it is the right of
every person to be secure and protected from fear, intimidation, and physical
harm caused by the activities of violent groups and individuals.
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While it is not the intent of this Act to
interfere with the exercise of the constitutionally protected rights of freedom
of expression and association, the legislature also finds that the State must
address criminal street gangs and the violence caused by their members.
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Between January and September of 2024, there
was at least one incident of gun violence per month in the State.
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Additionally, it has been reported that theft,
burglaries, drug offenses, and gambling offenses have been on the rise in
recent years throughout the State.

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According
to the Interagency Working Group on Youth Programs, composed of twenty-five federal
departments and agencies, communities with gang activity are disproportionately
affected by theft, vandalism, assault, gun violence, illegal drug trade, and
homicide.
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An increase in these types of
crime in the State are concerning in that it likely indicates a corresponding
rise in criminal street gang participation and violence.

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More than
forty other jurisdictions in the nation have laws that specifically define
criminal street gangs and other related terms and provide for enhanced
penalties related to participation in illegal activities as a part of a
criminal street gang.
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While the State
may have ways to prosecute the crimes committed by members of criminal street
gangs, the State does not have laws that define criminal street gangs or
related terms.
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Nor does the State have a
specific process to prosecute illegal acts as part of a criminal street gang's
activity, nor does it have the ability to apply enhanced penalties for criminal
street gang activities.

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Accordingly, the purpose of this Act
is to:

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(1)
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Establish the
offense of criminal street gang participation, solicitation, recruitment, or
retention;

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(2)
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Clearly define
criminal street gangs and related terms; and

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(3)
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Provide for
enhanced penalties for a conviction of any crime conducted by a defendant as a
member of, or in active participation with, a criminal street gang.

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SECTION 2.
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Chapter 711, Hawaii Revised Statutes, is
amended by adding two new sections to be appropriately designated and to read
as follows:

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"
�711-
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Criminal
street gang participation, solicitation, recruitment, or retention.
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(1)
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A person commits the offense of criminal
street gang participation, solicitation, recruitment, or retention when the
person:

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(a)
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Knowingly and
wilfully participates in a criminal act committed for the benefit of, at the
direction of, or in association with any criminal street gang;

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(b)
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Intentionally
coerces, solicits, recruits, employs, causes, encourages, or conspires to cause
another person to become or remain a member of a criminal street gang that
results in the other person's commission of a criminal act for the benefit of,
at the direction of, or in association with the criminal street gang; or

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(c)
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Intentionally
makes any communication, direct or indirect, that results in the commission of
a criminal act constituting a threat to:

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(i)
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A
person being solicited, recruited, or retained as a member of a criminal street
gang or the person's property; or

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(ii)
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Any
associate or relative of the person being solicited, recruited, or retained as
a member of a criminal street gang or the associate or relative's property.

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(2)
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Prosecution under this section shall not
require proof that a person devotes all or a substantial part of the person's
time or efforts to a criminal street gang to establish that the person is a
member of a criminal street gang.
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Active
participation in or association with the criminal street gang shall be
sufficient to establish that the person is a member of a criminal street gang.

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(3)
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Criminal street gang participation pursuant
to subsection (1)(a) is a class B felony.

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(4)
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Criminal street gang solicitation,
recruitment, or retention pursuant to subsection (1)(b) or (c) is a class C
felony.

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�711-
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Criminal acts committed as member of
criminal street gang; enhanced penalties.

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(1)
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Upon finding, by proof beyond a reasonable
doubt, that a defendant, who is eighteen years of age or older, committed a
criminal act as a member of a criminal street gang, or a defendant committed a
criminal act while actively participating in a criminal street gang, the
penalty shall be enhanced as follows:

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(a)
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A petty
misdemeanor shall be deemed to be and punished as a misdemeanor;

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(b)
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A misdemeanor
shall be deemed to be and punished as a class C felony;

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(c)
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A class C
felony shall be deemed to be and punished as a class B felony; and

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(d)
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A class B
felony shall be deemed to be and punished as a class A felony.
"

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SECTION 3.
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Section 711-1100, Hawaii Revised Statutes, is
amended by adding three new definitions to be appropriately inserted and to
read as follows:

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"
"Criminal act" means
conduct constituting any offense, or conspiracy or attempt to commit any
offense, under chapters 707, 708, 708A, 710, and 711.

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"Criminal street gang"
means any ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities the
commission of one or more criminal acts, having a common name or common
identifying sign or symbol, and whose members, individually or collectively,
engage in or have engaged in a pattern of criminal street gang activity.

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"Pattern of criminal street
gang activity" means the commission of, attempted commission of,
conspiracy to commit, or solicitation of a delinquent act, or conviction of two
or more enumerated criminal acts; provided that:

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(a)
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At least one of
these criminal acts occurred after the effective date of Act
, Session Laws of Hawaii 2025;

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(b)
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The last of
those criminal acts occurred within three years after a prior offense; and

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(c)
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The criminal
acts were committed on separate occasions or by two or more persons.
"

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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION
6.
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New statutory material is
underscored.

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SECTION 7.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Criminal
Street Gang; Criminal Activities; Penalties

Description:

Establishes
the offense of criminal street gang participation, solicitation, recruitment,
or retention.
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Provides for enhanced
penalties for crimes committed by a defendant while part of a criminal street
gang.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.