Simpson: “Gang” Bills May Effect Local Minorities Disproportionately

From Omar J. Simpson, Esq:

How can one easily identify a “gang member” or “gang activity”? I am reviewing the 20 “gang” bills entered this legislative session and will have more detailed comments soon, but I am worried these bills will affect minority populations and impoverished communities disproportionately. I’m worried that unconstitutional means of tagging someone as a gang member due to their race, friends or where they live will be used. Why worry you say? Because minorities and impoverished people have a history of being singled out for unequal treatment in the South…including Maryland. Are the folks that hang out at our local barbershops “gang members”? What about the kids that hang around the high schools wearing sweats, baseball caps and baggy pants…are they gang members? Who is going to make that call? The Sheriff…head of the Harford County Sheriff’s Office where recently 2 minorities have died after being tasered?

These bills need careful examination by the community at large…especially by those in Edgewood, Aberdeen and Joppa…places with large numbers of people that would be affected by these bills. I have reviewed them already. You should too because they will concern you and your children! Please pass this information to anyone you think would be concerned by or interested in reviewing these bills. You can simply click on the bill number below and it should take you to that particular bill.

We all want safe streets and safe communities, but throwing out the Constitution and singling out a group of people based on their race, where they live or their socio-economic status is not only wrong, it’s Unconstitutional! Instead of pre-judging entire groups of people as “gangbangers” andentire communities as “gang havens”, let’s focus on the illegal activitieswe want to stop and their root causes…poverty, desperation and communities that are stressed and overburdened. Let’s work together to find real solutions…like education, job training, youth mentoring and “gang” intervention efforts. If we do so, we can solve our problems and make our entire community safer and more prosperous.

HB 227
Status as of January 26, 2010: Bill is in the House – First Reading Judiciary
Heard FEBRUARY 9 1:00 p.m.
Sponsored By Delegate James
Entitled
Criminal Law – Gangs – Definition, Underlying Crimes, and Sentencing
Committee Assignments
House: Judiciary

HB 609
Status as of February 3, 2010: Bill is in the House – First Reading Judiciary
Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Love, Beidle, Costa, Dwyer, George, James, King, Kipke, McConkey, Schuh, and Sophocleus
Entitled
Criminal Law – Gang Activity – Jurisdiction over Juvenile Offenders Committee Assignments
House: Judiciary

HB 756
Status as of February 5, 2010: Bill is in the House – First Reading Judiciary
Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Levi, James, Anderson, Beidle, Bohanan, Dumais, Dwyer, Feldman, Frank,Jameson, Jennings, Kelly, Kramer, Mathias, McComas, McHale, Morhaim, Rice, Riley, Tarrant, Valderrama, Vaughn, and Walker
Entitled
Maryland Gang Prosecution Act of 2010
Committee Assignments
House: Judiciary

HB 1160
Status as of March 15, 2010: Bill is in the House – Favorable with Amendments Ways and Means
Sponsored By Delegates Busch, Dumais, Gilchrist, Heller, Hixson, Ivey, Kaiser, Kramer, Manno,Myers, Olszewski, and Rice
Entitled
Safe Schools Act of 2010
Committee Assignments
House: Ways and Means

HB 1165
Status as of February 22, 2010: Bill is in the House – First Reading Ways and Means
Heard MARCH 3 1:00 p.m.
Sponsored By Delegates Love, Beidle, Costa, Dwyer, George, James, King, Kipke, McConkey, Schuh, and Sophocleus
Entitled
Education – Offenses Reportable to School Authorities
Committee Assignments
House: Ways and Means

HB 1181
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary
Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Kipke, Beidle, Dwyer, Love, Schuh, and Sophocleus
Entitled
Forfeiture of Property – Criminal Gang Offenses Committee Assignments House: Judiciary

HB 1211
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Schuh, Beidle, Dwyer, George, Kipke, Love, and Sophocleus
Entitled Criminal Gang Activity – Gang Solicitation
Committee Assignments
House: Judiciary

HB 1229
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary
Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Beidle, Dwyer, Kipke, Love, Schuh, and Sophocleus
Entitled Truth in Sentencing – Criminal Gangs and Gun Crimes Committee Assignments
House: Judiciary

HB 1235
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary
Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Waldstreicher, Simmons, Barnes, Carter, Dumais, Gutierrez, Lee, and McConkey
Entitled
Criminal Law – Criminal Gangs – Underlying Crimes, Sentencing, and Gang Leaders
Committee Assignments
House: Judiciary

HB 1237
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Schuh, Beidle, Dwyer, George, Kipke, Love, and Sophocleus
Entitled
Criminal Procedure – Restrictions on Pretrial Release – Criminal Gang Offenses – Repeat Offenders
Committee Assignments
House: Judiciary

HB 1259
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Sophocleus, Beidle, Dwyer, Kipke, Love, and Schuh
Entitled Criminal Law – Definition of “Criminal Gang”
Committee Assignments
House: Judiciary

HB 1260
Status as of February 17, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Sophocleus, Beidle, Dwyer, Kipke, Love, and Schuh
Entitled Criminal Law – Gang Activity – Jurisdiction over Juvenile Offenders
Committee Assignments
House: Judiciary

HB 1265
Status as of February 18, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Sophocleus, Beidle, Dwyer, Kipke, Love, and Schuh
Entitled Criminal Law – Criminal Gangs – Underlying Crime
Committee Assignments
House: Judiciary

HB 1269
Status as of February 18, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00
Sponsored By Delegates Sophocleus, Beidle, Dwyer, Kipke, Love, and Schuh
EntitledCriminal Law – Criminal Gang Participation – Sentencing
Committee Assignments
House: Judiciary

HB 1307
Status as of February 18, 2010: Bill is in the House – First Reading Judiciary Heard MARCH 2 1:00 p.m.
Sponsored By Delegates Dwyer, Beidle, Kipke, Love, Schuh, and Sophocleus
Entitled Criminal Law – Statewide Definition of Criminal Gang Member
Committee Assignments
House: Judiciary

HB 1312
Status as of February 22, 2010: Bill is in the House – First Reading Ways and Means Heard MARCH 3 1:00 p.m.
Sponsored By Delegates Walker, Olszewski, Rice, and Stukes
Entitled Education – Maryland Center for School Safety
Committee Assignments
House: Ways and Means

HB 1371
Status as of March 8, 2010: Bill is in the House – Withdrawn Ways and Means
Sponsored By Delegates George, Bartlett, Boteler, Cardin, Doory, Howard, Kaiser, Murphy, Myers,Shank, Stukes, and F. Turner
Entitled Public Schools – Student Gang Activity – Records and Reporting
Committee Assignments
House: Ways and Means

SB 360
Status as of February 3, 2010: Bill is in the Senate – First Reading Education Health and Environmental Affairs Heard FEBRUARY17 1:00 p.m.
Sponsored By Senators Astle and DeGrange
Entitled Education – Offenses Reportable to School Authorities
Committee Assignments
Senate: Education Health and Environmental Affairs

SB 365
Status as of February 12, 2010: Bill is in the Senate – First Reading Judicial Proceedings Hearing MARCH 18 1:00 p.m.
Sponsored By Senators Astle, DeGrange, Reilly, and Simonaire
Entitled Criminal Law – Gang Activity – Jurisdiction over Juvenile Offenders
Committee Assignments
Senate: Judicial Proceedings

SB 517
Status as of February 12, 2010: Bill is in the Senate – First Reading Judicial Proceedings Hearing MARCH 18 1:00 p.m.
Sponsored By Senators Stone and Jacobs
Entitled Criminal Law – Criminal Gangs – Offenses and Membership
Committee Assignments
Senate: Judicial Proceedings