Gangs: Legislation
Legislation Passed by the 2006 Virginia General Assembly
Aimed at Combating Gangs and Gang Violence
I. Attorney General’s Legislative Package
Gang Definitions (Virginia Code § 18.2-46.1)
- Adds the following offenses to the definition of “predicate criminal act:”
- Receiving money for procuring prostitution (§ 18.2-356; Class 4 felony)
- Threats to bomb or damage buildings (§ 18.2-83; Class 5 felony)
Restrictions on Gang Association (Virginia Code § 19.2-303)
- Clarifies that the court may, as a condition for a suspended sentence or probation, prohibit a gang member from having contact with anyone he knows to be a member of a criminal street gang.
- The new law will help prevent the recidivism and violence that often occurs when a gang leader is released from prison and attempts to re-establish his presence in the area. This provision will provide law enforcement with a tool that will enable them to remove the gang member from the street for a probation violation before that gang member commits a serious criminal act.
Manufacture / Use of False Identification (Virginia Code § 18.2-204.2)
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Allows for a prosecution under § 18.2-172 when a person forges or utters a forged identification included in § 18.2-204.2 (driver’s licenses, etc.).
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The existence of the current statute, which specifically applies to false identification, precludes a prosecution under the more general § 18.2-172 for forging and uttering.
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While the penalty for a violation of § 18.2-172 is a Class 5 felony, the penalty for a violation of § 18.2-204.2 constitutes either a Class 1 or 2 misdemeanor.
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The amendment creates an exception for the forging and uttering of such identification as proof of age. This ensures that persons who commit such an act in furtherance of underage drinking will not be prosecuted under § 18.2-172.
II. Additional Gang-Related Legislation
Brandishing a machete (Virginia Code § 18.2-282.1)
- Creates a new law that makes it illegal to point, hold or brandish a machete or any weapon with an exposed blade 12 inches or longer with intent to intimidate. The punishment is a Class 1 misdemeanor unless the offense occurs on or within 1000 feet of school property, in which case it is a Class 6 felony.
- Adds this new offense to those included in the definition of “predicate criminal act.”
Release of information regarding juvenile gang members (Virginia Code § 16.1-309.1)
- Provides that where the consideration of public safety requires, gang-related information pertaining to others, obtained from an investigation or supervision of a juvenile affiliated with a criminal street gang can be released by the Department of Juvenile Justice or a court service unit to a law-enforcement agency investigating criminal street gang activity.
“Predicate Criminal Act” Exchange (Virginia Code §§ 2.22618, 16.1-300, 53.1-10, 66-3.2)
- Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as criminal gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth.
- Specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest.
- Provides that the information may be provided to a criminal justice agency that is conducting research.
