House
Study
Bill
522
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
criminal
gang
participation.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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5119HC
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H.F.
_____
Section
1.
Section
723A.2,
Code
2014,
is
amended
to
read
as
1
follows:
2
723A.2
Criminal
gang
participation.
3
A
person
who
actively
participates
in
or
is
a
member
of
4
a
criminal
street
gang
and
who
willfully
aids
and
abets
any
5
criminal
act
commits
or
aids
and
abets
any
public
offense
6
punishable
by
a
term
of
imprisonment
of
one
year
or
more,
7
committed
for
the
benefit
of,
at
the
direction
of,
or
in
8
association
with
any
criminal
street
gang,
commits
a
class
“D”
9
felony.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
changes
the
requirements
for
an
individual
to
be
14
charged
with
a
class
“D”
felony
for
participating
in
or
being
a
15
member
of
a
criminal
street
gang.
To
be
charged
with
a
class
16
“D”
felony,
the
bill
requires
that
an
individual
participates
17
in
or
is
a
member
of
a
criminal
street
gang
and
commits,
or
18
aids
and
abets,
a
public
offense
that
is
punishable
by
a
term
19
of
imprisonment
of
one
year
or
more.
The
bill
removes
the
20
criminal
culpability
requirement
of
“willfully”
aiding
or
21
abetting
a
criminal
act.
The
bill
also
changes
what
act
an
22
individual
must
commit,
or
aid
and
abet,
to
be
charged
under
23
this
section
from
“criminal
act”
as
defined
in
Code
chapter
24
723A
to
any
public
offense
(see
Code
section
701.2)
that
is
25
punished
by
a
term
of
incarceration
of
one
year
or
more.
26
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