Untitled document
CITY of ALBUQUERQUE
SEVENTEENTH COUNCIL
COUNCIL BILL NO. C/S 0-07-90 ENACTMENT NO. ________________________
SPONSORED BY: Ken Sanchez
ORDINANCE
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C/S Adopting Provisions to Enhance Penalties for Crimes Committed in Furtherance of Criminal Street Gang Activity (Sanchez)
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ADOPTING PROVISIONS TO ENHANCE PENALTIES FOR CRIMES COMMITTED IN FURTHERANCE OF CRIMINAL STREET GANG ACTIVITY.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. FINDINGS AND INTENT.
City Council finds that criminal street gang activity presents a serious public safety problem requiring the City to use every available resource to quell such activity and make the City safer for our inhabitants. This Ordinance includes criminal penalties and civil remedial measures.
Section 2. SHORT TITLE. This Ordinance shall be referred to as the "Anti-Gang Ordinance" and may sometimes be referred to herein as "this Ordinance."
Section 3. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL STREET GANG. Any ongoing organization, association in fact, or group of three or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity for a one-year period.
GANG RELATED CRIME. A crime committed for the benefit of, at the direction of, or in association with a criminal street gang and with a specific intent to promote, further or assist in criminal conduct by gang members.
PERSON. Any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision, or agency or any other legal entity or legal representative, agent, or assign.
VIOLATION or OFFENSE. A violation of this Ordinance.
Section 4. VIOLATION.
It is a Violation for any Person to commit any Gang Related Crime that by its nature involves a substantial risk that physical force against the person of another may be used in committing the offense including, without limitation, a Predicate Gang Crime under the Anti Gang Recruitment Ordinance, ROA 1994 §§ 11-9-1 et seq. or a conviction for one of the following crimes:
(A) murder, pursuant to Section 30-2-1 NMSA 1978;
(B) voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;
(C) aggravated assault, pursuant to Section 30-3-2 NMSA 1978;
(D) assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;
(E) aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;
(F) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8.1 NMSA 1978;
(G) aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;
(H) kidnapping, pursuant to Section 30-4-1 NMSA 1978;
(I) sexual exploitation of children by prostitution, pursuant to Section 30-A-4 NMSA 1978;
(J) dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;
(K) possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;
(L) criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;
(M) criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;
(N) robbery, pursuant to Section 30-16-2 NMSA 1978;
(O) burglary, pursuant to Section 30-16-3 NMSA 1978;
(P) aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;
(Q) extortion, pursuant to Section 30-16-9 NMSA 1978;
(R) aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;
(S) harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;
(T) aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;
(U) assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;
(V) aggravated battery upon a peace officer, pursuant to Section 30-22-25 NMSA 1978;
(W) bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;
(X) trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;
(Y) unlawful taking of a motor vehicle, pursuant to Section 66-3-504 NMSA 1978;
(Z) money laundering, pursuant to the Money Laundering Act; and
(AA) an attempt to commit any of the above felonies, pursuant to Section 30-28-1 NMSA 1978.
Section 5. PENALTY.
Any person who violates this Ordinance is subject to the registration requirements of the Anti Gang Member Registration Ordinance.
Section 6. SEVERABILITY CLAUSE.
If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
Section 7. COMPILATION. This Ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
Section 8. EFFECTIVE DATE. Unless otherwise provided herein, this Ordinance shall take effect five days after publication in general summary.
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