
Actual Bill In: http://www.theorator.com/bills108/s2358.html
Here is a short commentary by a writer known as Gunny:
"This bill was sponsored by Senators Durbin (D-IL), Leahy (D-VT), Feingold (D-WI) and Kennedy (D- MA), read twice on the US Senate Floor and sent to the Judiciary Committee.
The bill's stated purpose: ”To allow for the prosecution of members of street gangs, and for other purposes.”
What should scare you here is "and for other purposes." That pretty much gives law enforcement an open ended ticket.
Section 1 gives S.2358 the name “American Neighborhoods Taking the Initiative Guarding Against Neighborhood Gangs Act 2004”
That sounds pretty good and something most Americans could go for. After all, no one wants their children growing up in a gang infested neighborhood. The example these Senators used was the Blood and Cripps of Los Angeles and what they do to terrorize a neighborhood.
There are already plenty of laws on the books to take care of these problems. What is scary here is the broad brush this bill paints across all organizations and clubs. The only group excluded from this bill is the Indian Tribes.
Weather you are an MRO such as ABATE, or an association like CMA, TMRA, GWRA, or HOG, or a Motorcycle Club considered Ma & Pa, 1% 'er or other, you may well fall into this definition.
Critical here is the way Section 101 of this bill defines street gangs. In short the main determining factor of a qualifying to be considered a street gang is:
1) a common name, insignia, flag, means of recognition, secret signal or code.
2) a common creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty.
3) Membership, age or other qualifications, initiation rites, geographical or territorial sites, boundary, or location or other unifying mark, manner, protocol, or method of expressing or indicating membership.
What this bill calls a Predicate Gang Crime is any act or threat, or attempted act or threat, which is chargeable under Federal or State Law and punishable by imprisonment for more than 1 year, involving so many laws I would be here all day just listing them. So, basically it doesn't take a lot to be considered a
street gang involved in street gang crime.
If you are considered a street gang under section 522 you are prohibited from: recruiting, soliciting, commanding, employing, persuade, induce, entice, or coerce any person to become a member of or participate in, any criminal street gang with the intent that the person recruited will do any act to effect the criminal
activities of a criminal street gang.
Remember the definition of a street gang and how it applies.
(If your club falls into this definition and is identified as such, your employer will be forced to terminate your employment and NO Business will be allowed to employ you as long as you and your club carry this label.)"
Actual Bill In: http://www.theorator.com/bills108/s2358.html