The new anti-gang bill works on a "guilty-by-association" philosophy. The mainstream media has already labelled the straight-edge movement as a violent youth subculture because of the violent actions of a few brainless straight-edge kids scattered throughout the country. The law enforcement community has followed suit by labelling straight-edge kids as violent gangsters (see the June 5th News). A friend of mine told me that law enforcement officials in Cincinatti, OH have gone so far as to disallow straight edge kids from wearing X's on their hands in public because they believe it marks a gang-affiliation. Now the law-makers of our country are getting in on the action. The bill they have proposed could threaten straight-edge youths everywhere with jail-time, simply for labelling themselves straight-edge. Read on...

ANOTHER SLEEPER IN JUVENILE JUSTICE BILL

The juvenile justice bill working its way through Congress, S254, already cited here for its assault on the decent handling of juvenile justice cases, also provides mandatory four year jail sentences for children who are members of a gang even if they have not committed any crime. This extraordinary assault on the Constitution is even worse than it sounds because of the murky definition of a gang. For example local police have labeled teen animal rights and environmental action groups as "gangs." Louisville Anti-Racist Action, Straight Edgers, and the bicyclist group, Critical Mass, have also been targeted by police gang squads.

LOUISVILLE ANTI-RACIST ACTION

BRAT MAGAZINE

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Here is the pertinent section of S254, the Senate bill that would get you a minimum of four years in the big house for recruiting a minor into a "criminal street gang." Look below for the official definition of a "criminal street gang."

You can find the bill by going to http://www.senate.gov and typing in the key words "juvenile, "crime," and "gang."

`Sec. 522. Recruitment of persons to participate in criminal street gang activity

`(a) PROHIBITED ACT- It shall be unlawful for any person, to use any facility in, or travel in, interstate or foreign commerce, or cause another to do so, to recruit, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent that the person being recruited, solicited, induced, commanded or caused to be or remain a member of such gang participate in an offense described in section 521(c) of this title.

`(b) PENALTIES- Any person who violates subsection (a) shall--

`(1) if the person recruited, solicited, induced, commanded, or caused--

`(A) is a minor, be imprisoned not less than 4 years and not more than 10 years, fined in accordance with this title, or both; or

`(B) is not a minor, be imprisoned not less than 1 year and not more than 10 years, fined in accordance with this title, or both; and

`(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor attains the age of 18 years.

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The quickest way to check on a bill is to go directly to http://www.thomas.loc.gov. You can check the status of the bill there to see how far along it has progressed.

TITLE II--JUVENILE GANGS

SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG ACTIVITY.

(a) PROHIBITED ACTS- Chapter 26 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 522. Recruitment of persons to participate in criminal street gang activity

`(a) PROHIBITED ACT- It shall be unlawful for any person, to use any facility in, or travel in, interstate or foreign commerce, or cause another to do so, to recruit, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent that the person being recruited, solicited, induced, commanded or caused to be or remain a member of such gang participate in an offense described in section 521(c) of this title.

`(b) PENALTIES- Any person who violates subsection (a) shall--

`(1) if the person recruited, solicited, induced, commanded, or caused--

`(A) is a minor, be imprisoned not less than 4 years and not more than 10 years, fined in accordance with this title, or both; or

`(B) is not a minor, be imprisoned not less than 1 year and not more than 10 years, fined in accordance with this title, or both; and

`(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor attains the age of 18 years.

`(c) DEFINITIONS- In this section:

`(1) CRIMINAL STREET GANG- The term `criminal street gang' has the meaning given the term in section 521.

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Here is the official definition of "criminal street gangs."

PART I - CRIMES

CHAPTER 26 - CRIMINAL STREET GANGS

-HEAD-

Sec. 521. Criminal street gangs

-STATUTE-

(a) Definitions. - ''conviction'' includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony. ''criminal street gang'' means an ongoing group, club, organization, or association of 5 or more persons -

(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);

(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and

(C) the activities of which affect interstate or foreign commerce.

''State'' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(b) Penalty. - The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).

(c) Offenses. - The offenses described in this section are -

(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;

(2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and

(3) a conspiracy to commit an offense described in paragraph (1) or (2).

(d) Circumstances. - The circumstances described in this section are that the offense described in subsection (c) was committed by a person who -

(1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);

(2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and

(3) has been convicted within the past 5 years for -

(A) an offense described in subsection (c);

(B) a State offense -

(i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years' imprisonment; or

(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;

(C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or

(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).

-SOURCE-

(Added Pub. L. 103-322, title XV, Sec. 150001(a), Sept. 13, 1994, 108 Stat. 2034; amended Pub. L. 104-294, title VI, Sec. 607(q), Oct. 11, 1996, 110 Stat. 3513.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 inserted at end '' 'State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''