DRIVE-BY SHOOTING
Drive-by crimes, defined as illegal discharge of a firearm while utilizing a vehicle for concealment or transportation
Colorado 16-13-301. Definitions
As used in this part 3, unless the context otherwise requires:
(2.2) "Drive-by crime" means a first degree assault as defined in section 18-3-202, C.R.S., second degree assault as defined in section 18-3-203, C.R.S., attempted first degree or second degree assault, felony menacing as defined in section 18-3-206, C.R.S., or illegal discharge of a firearm as defined in section 18-12-107.5, C.R.S., any of which is committed while utilizing a vehicle for means of concealment or transportation.
Colorado 18-12-107.5. Illegal discharge of a firearm; penalty
(1) Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.
(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as defined in section 18-1-901 (3) (l) acting within the scope of such officer's authority and in the performance of such officer's duties.
(3) Illegal discharge of a firearm is a class 5 felony.
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GANG DATABASES
Colorado 24-33.5-401 - Colorado bureau of investigation.
(1) There is hereby created as a division of the department of public safety the Colorado bureau of investigation, referred to in this part 4 as the "bureau".
(2) The Colorado bureau of investigation and the office of the director shall exercise their powers and perform their duties and functions under the department of public safety and the executive director as transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.
24-33.5-412 - Functions of bureau - legislative review
(1) The bureau has the following authority:
(i) To develop and maintain a computerized data base for tracking gangs and gang members both within the state and among the various states;
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GANG PROSECUTION
Colorado 16-21-103. Information on offenders required; duties of law enforcement agencies; court
(2) (a) A law enforcement agency that requests the filing of any criminal case shall submit to the district attorney the arresting agency's name, the offender's full name and date of birth, the charge or charges being requested, the investigating agency's case number, and the date of arrest and the arrest number. In addition, the law enforcement agency shall submit to the district attorney any relevant information about the offender's affiliation or association with gangs or gang activities.
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GANG-RELATED DEFINITIONS
Colorado 18-23-101 - Definitions
As used in this article, unless the context otherwise requires:
(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal:
(a) Which has as one of its primary objectives or activities the commission of one or more predicate criminal acts; and
(b) Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(2) "Pattern of criminal gang activity" means the commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.
(3) "Predicate criminal acts" means the commission of or attempt, conspiracy, or solicitation to commit any of the following:
(a) Any conduct defined as racketeering activity in section 18-17-103 (5);
(b) Any violation of section 18-8-706 or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would violate section 18-8-706.
18-23-102 - Recruitment of juveniles for a criminal street gang
(1) A person commits recruitment of a juvenile for a criminal street gang if he or she is eighteen years of age or older and:
(a) Knowingly solicits, invites, recruits, encourages, coerces, or otherwise causes a person younger than eighteen years of age to actively participate in or become a member of a criminal street gang; or
(b) By use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, knowingly prevents a person younger than eighteen years of age from leaving a criminal street gang.
(2) Recruitment of a juvenile for a criminal street gang is a class 1 misdemeanor.
(3) Nothing in this section shall affect the ability to charge criminal offenses under article 17 of this title.
Colorado 19-1-103. Definitions
As used in this title or in the specified portion of this title, unless the context otherwise requires:
(52) "Gang", as used in sections 19-2-205 and 19-2-508, means a group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually.
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GANGS AND CORRECTIONAL FACILITIES
Colorado 17-1-109. Duties and functions of the superintendent
(1) The superintendent of each correctional facility shall exercise the powers and perform the duties and functions assigned to him by this article under the supervision and control of the director of the division of adult services in the department.
(2) (a) The superintendent of each correctional facility should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any person with known past or current affiliations or associations with any gang, as defined in paragraph (b) of this subsection (2), so as to prevent contact with other inmates at such facility. The superintendent should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population.
(b) For the purposes of this subsection (2), unless the context otherwise requires, "gang" means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct engaged in either collectively or individually.
Colorado 19-2-205. Facility directors - duties
(2) It is the duty of the director of each facility established by section 19-2-403 and sections 19-2-406 to 19-2-408:
(d) To take such measures as are necessary to prevent recruitment of new gang members from among the juveniles committed to the custody of the department of human services.
Colorado 19-2-508. Detention and shelter; hearing; time limits; confinement with adult offenders; restrictions
(4)(e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), "gang" is defined in section 19-1-103 (52).
