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James T. Smith, Jr.
Senate Bill 632 Testimony

March 7, 2007

I appreciate the opportunity today to testify on behalf of the citizens of Baltimore County in support of Senate Bill 632, the Maryland Gang Prosecution Act of 2007.

Throughout the country, and even within our own state, we have seen the tragic costs to communities that result from gang activity. The statistics that describe the scope of this problem are startling and revealing.  In 2004, the National Youth Gang Survey estimated that, across the nation, there were 760,000 gang members in 24,000 gangs which were active in 2,900 city and county law enforcement jurisdictions. These gangs commit violent crimes ranging from vandalism, assaults, and robberies to murder.

New Definition of Gang

The bill before you today will give the Attorney General and prosecutors throughout the state a new tool in their important mission to eliminate gang activity in Maryland. Senate Bill 632 redefines a gang as a formal or informal association of 3 or more people “whose members individually or collectively” engage in a pattern of criminal activity. This pattern of criminal behavior is classified to mean commission or attempted commission, solicitation, or conspiracy of two or more of the crimes that are enumerated in this bill.

This new definition of gangs is broad enough to encompass the many different kinds of gangs that operate within our state, including motorcycle gangs, small local gangs, national gangs (such as the Crips or the Bloods), and anything in between.

Helps Prosecutors

By redefining gangs and what constitutes criminal gang activity, this bill will allow prosecutors to introduce evidence to juries that individual crimes—such as assaults, rapes, and murders—were orchestrated by gang leaders. As a result, prosecutors will be authorized to bring charges, not just against the alleged perpetrator, but also against suspected accomplices in the gang who helped plan, carry out, or cover up the crime.

It is worth noting that this bill will not change State’s Attorneys’ current option to prosecute members of gangs as individuals. Any punishment for gang activity may still be in addition to and/or consecutive to any sentence for crimes committed as an individual. In addition, this bill permits the Attorney General to work with local prosecutors, and with their consent, to assist in both investigation and prosecution. That provision will be extremely important in cases which involve gang activities that take place across multiple jurisdictions.

Increased Penalty

Furthermore, by supporting police and prosecutors as they investigate, charge, and dismantle these criminal gangs, the bill will act as a disincentive to gang activity by increasing the penalty for these crimes. Judges will be authorized to impose stiffer sentences of up to 30 years and/or a $100,000 fine for gang crimes.

Gang activity is no longer confined to urban settings.  Baltimore County is largely suburban, and we alone are home to approximately 35 criminal gangs, and that problem is mirrored in many of our fellow jurisdictions. Our Gang Reduction Initiative is an aggressive strategic plan designed to reduce violent crime and gang membership in targeted areas as well as to increase parental and community knowledge and engagement in gang prevention.  This bill would support our Police Department and State’s Attorney Scott Shellenberger, because it would support their efforts to prosecute gang crimes.

This legislation is important if we are going to win this fight against increasing gang activity in Maryland. Baltimore County supports Senate Bill 632, and we look forward to seeing it signed into law.


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