ANNAPOLIS – The Maryland House of Delegates passed sweeping legislation on Tuesday to crack down on gang activity by toughening up sentencing and facilitating prosecution.
The bill, which passed 111-28, builds on legislation passed in 2007 that police and state prosecutors say was largely ineffective.
The new legislation defines “criminal gangs” and “criminal gang members,” broadens the types of crime considered gang activity, and aims to make it easier for the state to prosecute known gang members. The bill now goes to the Senate for consideration.
Under current law, nearly every jurisdiction has a different definition for gang members, making census counts and data sharing nearly impossible, said Patricia Jessamy, state’s attorney for Baltimore.
Prosecution is also a difficult feat under the current system, Jessamy said.
“The state has not successfully prosecuted one single gang member under the 2007 legislation,” she said.
The bill adds crimes such as witness intimidation, carrying a handgun and second-degree assault to the types of activities considered gang-related. The measure also enables judges to order additional prison time — up to 10 years — for members who commit second offenses or engage in any crime resulting in a victim’s death.
A kingpin statute included in the bill makes organizers or managers of gangs eligible for a 20-year prison sentence.
Opponents say the bill will lead to the arrest and prosecution of juveniles who are guilty only by association.
“You cannot take every child and throw them away because of the crimes committed by some,” said Kinji Scott, chairman of the Maryland Juvenile Justice Coalition.
Representatives from the National Association for the Advancement of Colored People and the public defender’s office have opposed the bill.
Maryland State Police estimate that about 600 gangs with a total of 9,000 members operate in Maryland.
In Montgomery County, about 147 inmates a day tell police they are involved in a gang, according to John McCarthy, state’s attorney for the county.
“They are allying themselves in these correction facilities,” he said.
But Christian Bailey, a Baltimore public high school student and former gang member, said that’s exactly why youth should be given a second chance instead of thrown in jail.
“I have a hard time understanding what’s the good thing about sending a juvenile gang member to somewhere where a majority of our gangs are going,” he told the House Judiciary Committee last month.
