Legislature(1995 - 1996)

02/28/1996 01:30 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  SB 194 GANG RELATED CRIMES                                 
 SENATOR TAYLOR moved and asked unanimous consent that CSSB 194                
 (2/23/96, Chenoweth) be adopted.  SENATOR ADAMS objected, noting              
 his opposition to the dress code contained in the definition in               
 CSSB 194.  He questioned how a group, such as girl scouts, would be           
 treated under this bill if the group committed a misdemeanor.                 
 Number 294                                                                    
 SENATOR TAYLOR commented the committee has anguished over the                 
 definition of a gang, and asked Ms. Carpeneti to respond to Senator           
 Adams' concerns.  MS. CARPENETI agreed the "or" in between the                
 identifying markers in the definition does provide that any one of            
 those markers can be used, however the word "and" at the end of               
 line 16 requires that the group must have committed two or more               
 specific offenses in the past.  The definition has been tested and            
 upheld by the California courts and is considered to be the best              
 definition found so far.  Additionally, participation in a gang is            
 not a criminal act under CSSB 194; participation in a crime in                
 connection with a gang is.                                                    
 SENATOR TAYLOR commented the girl scouts in Senator Adams' analogy            
 would receive an enhanced penalty under CSSB 194 if they had                  
 committed two or more other offenses while dressed as girl scouts             
 during the past three years.  MS. CARPENETI noted the sentence                
 enhancement under CSSB 194 would apply when they committed the                
 third offense.                                                                
 SENATOR ADAMS removed his objection to the motion to adopt CSSB               
 194, therefore the motion carried.  For purposes of clarification,            
 SENATOR TAYLOR moved adoption of Version W (Chenoweth) of CSSB 194.           
 SENATOR ADAMS objected and requested additional time to review                
 Version W.                                                                    
 SHERMAN ERNOUF, legislative aide to Senator Kelly, sponsor of SB              
 194, explained the only change to Version W was the addition of               
 (JUD) after CS for SENATE BILL 194, to identify the committee's               
 sponsorship.  Otherwise Version W is identical to Version U which             
 was previously adopted.                                                       
 SENATOR GREEN moved Version W of CSSB 194 out of committee with               
 individual recommendations.  SENATOR ADAMS objected.  The motion              
 carried with Senators Taylor, Green, and Miller voting "yea," and             
 Senator Adams voting "nay."                                                   

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