2007 Senate Bill 291 / 2008 Public Act 564

Authorized enhanced sentence for gang crimes

Introduced in the Senate

Feb. 28, 2007

Introduced by Sen. Roger Kahn (R-32)

To authorize an enhanced sentence of up to an additional 20 years in prison for a felony that is committed by a youth gang member, and the individual's association with the gang provides the motive, means, or opportunity to commit the crime. The bill defines "gang" means a group of four or more individuals, including minors, working to unlawful or antisocial ends.

Referred to the Committee on Judiciary

Feb. 13, 2008

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Feb. 20, 2008

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Feb. 21, 2008

Passed in the Senate 38 to 0 (details)

Received in the House

Feb. 21, 2008

Referred to the Committee on Judiciary

Dec. 9, 2008

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 19, 2008

Substitute offered

To replace the previous version of the bill with one that revises the definition of a "gang".

The substitute passed by voice vote

Amendment offered by Rep. Mark Meadows (D-69)

To clarify that "gang" does not include a nonprofit organization.

The amendment passed by voice vote

Amendment offered by Rep. Mark Meadows (D-69)

To revise the definition of gang crime to establish that membership provides the motive and means to commit a crime but not the "opportunity".

The amendment failed by voice vote

Passed in the House 85 to 9 (details)

To authorize an enhanced sentence of up to an additional 20 years in prison for a felony that is committed by a youth gang member, and the individual's association with the gang provides the motive, means, or opportunity to commit the crime. The bill defines "gang" means a group of five or more individuals that identifies itself by “a unifying mark, manner, protocol, or method of expressing membership, including a common name, sign or symbol, means of recognition, geographical or territorial sites, or boundary or location; an established leadership or command structure; and defined membership criteria”.

Received in the Senate

Dec. 19, 2008

The bill defines "gang" means a group of five or more individuals that identifies itself by “a unifying mark, manner, protocol, or method of expressing membership, including a common name, sign or symbol, means of recognition, geographical or territorial sites, or boundary or location; an established leadership or command structure; and defined membership criteria”.

Passed in the Senate 33 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008