[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4441 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4441

    To clarify that a reasonable suspicion, sufficient to support a 
 constitutional stop and frisk by a law enforcement officer, includes 
   membership in a criminal street gang that engages in a pattern of 
                        criminal gang activity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 1994

Mr. Portman (for himself and Mr. Condit) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To clarify that a reasonable suspicion, sufficient to support a 
 constitutional stop and frisk by a law enforcement officer, includes 
   membership in a criminal street gang that engages in a pattern of 
                        criminal gang activity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. GENERAL RULE.

    It shall constitute a reasonable suspicion, sufficient to support a 
constitutional stop and frisk by a law enforcement officer, that the 
officer knows or has reason to believe that the person who is subject 
to that stop and frisk--
            (1) actively participates in a criminal street gang; and
            (2) knows that such criminal street gang engages in a 
        pattern of criminal gang activity.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``criminal street gang'' means any ongoing 
        organization, association, or group of 3 or more persons, 
        whether formal or informal--
                    (A) having as one of its primary activities the 
                commission of one or more criminal acts described in 
                paragraph (2);
                    (B) having a common name or common identifying sign 
                or symbol; and
                    (C) whose members individually or collectively 
                engage in or have engaged in a pattern of criminal gang 
                activity; and
            (2) the term ``pattern of criminal gang activity'' means 
        the commission, attempted commission, or solicitation of 2 or 
        more criminal offenses that are committed on separate occasions 
        or by 2 or more persons and constitute one of the following 
        crimes:
                    (A) Assault with a deadly weapon or by means for 
                force likely to produce great bodily injury.
                    (B) Robbery.
                    (C) Unlawful homicide or manslaughter.
                    (D) The sale, possession for sale, transportation, 
                manufacture, offer for sale, or offer to manufacture of 
                a controlled substance.
                    (E) Shooting at an inhabited dwelling or occupied 
                motor vehicle.
                    (F) Arson.
                    (G) The intimidation of witnesses and victims.
                    (H) Grand theft of any vehicle, trailer, or vessel.
                    (I) Any other crime that is a crime of violence (as 
                defined for the purposes of title 18, United States 
                Code) that carries a risk of physical injury or death 
                of an individual.

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