As of July 1, 2007 the criminal networks responsible for inflicting many of the personal and property crimes experienced by citizens of Beaufort County will have a new rival. Thanks to the new Criminal Gang Prevention Act signed into law on June 12th by the Governor, the Fourteenth Judicial Circuit and encompassed law enforcement agencies have been united to form a network to crack down on gang activity.
The new law (S.141) backs our network with the power of an enhanced Grand Jury. Prior to the enactment of this law, individual Grand Juries for each circuit did not have the investigative privileges of our State Grand Jury. When a pattern of multi-county gang activity would surface, only the State Grand Jury could initiate an investigation, and this was limited to drug-related cases. The new law recognizes more than just drug cases, expanding the scope of focus to include other criminal activities and violent crimes.
Here's a break down of the new law and how it empowers the Solicitor's Office and law enforcement agencies:
- According to the law, a “criminal gang” can be formal or informal and has 5 or more people.
- Among traditional criminal charges, a criminal gang member can also be charged with:
- Soliciting or coercing a person to join a gang.
- Penalty: 1st offense - carries fine of up to $1,000 and/or up to 2 years in prison. 2nd offense - FELONY and carries a maximum of a $5,000 fine and/or maximum of 5-year prison sentence.
- In addition, if the person who is being solicited or coerced is under 18 years old, 3 or more years can be added onto the offender's sentence.
- Threatening potential witnesses/victims to keep them from testifying.
- Penalty: FELONY - carries a fine of up to $10,000 and/or up to 10 years in prison
- Creating illegal graffiti and vandalism.
- Trying to prevent a person from leaving a gang.
- Firearms, weapons, ammunition, records, money, etc. belonging to gang members can be seized under this law.
- Sheriffs and police chiefs must be notified when a criminal gang member is released from SC Department of Corrections and must be given that gang member's address.
- Law enforcement agencies must keep a file of ongoing criminal gang members and must submit information on criminal gangs and gang members to SLED's statewide criminal gang activity databank.
Because of the new law's initiatives, law enforcement's approach to combating gangs will also change. The days of attempting to eliminate gang activity based solely on trying to identify gang members from their colors, signs, clothing, location, etc. are over. In the past, we have tried to discourage gang involvement by refusing to give them credit for the crimes they have perpetrated Law enforcement will now be concentrating on the actions of these groups. Instead of trying to discredit “wanna-be gangsters”, law enforcement will grant them their wish and will recognize them as full-fledged gang members. Those portraying themselves as a gangster will be treated as such, and the new gang colors will be the orange uniforms of the Beaufort County Detention Center. |
