Senate Study Bill 3114 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to criminal gang participation. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5119XC (2) 85 jb/rj
S.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 -1- LSB 5119XC (2) 85 jb/rj 1/ 1