ALBUQUERQUE, NEW MEXICO
CHAPTER 11, ARTICLE 9: ANTI-GANG RECRUITMENT
§ 11-9-1. INTENT
The purpose of this article is to empower police officers with legal authority to cite persons who are found to be recruiting juveniles to participate in criminal gang activities.
(Ord. 35-1996)
§ 11-9-2. SHORT TITLE
This article may be cited as the "Anti-Gang Recruitment Ordinance."
(Ord. 35-1996)
11-9-3. LEGISLATIVE FINDINGS
(A) The City Council hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or disability to be secure and protected from fear, intimidation and physical harm caused by the activities of violent groups and individuals. It is not the intent of this article to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(B) The City Council finds, however, that neighborhoods and schools throughout the city are being terrorized and plundered by street gangs.
(C) The Council further finds that it is prudent to institute reasonable laws so as to make it a violation of a city ordinance to solicit or recruit; conspire to solicit or recruit a juvenile as a member of a criminal street gang or to deter a juvenile from leaving a criminal street gang. (Ord. 35-1996)
11-9-4. DEFINITIONS
CRIMINAL STREET GANG. Any ongoing organization, association in fact, or group of three or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity for a one-year period.
PATTERN OF CRIMINAL GANG ACTIVITY. The commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang within a one-year period.
PREDICATE GANG CRIME.
1) A state offense:
(a) Involving a controlled substance (as defined in Section 30-31-2 NMSA 1978, as amended, and/or Section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is imprisonment for not less than five years.
(b) That is a felony crime of violence that has an element the use or attempted use of physical force against the person on another; or
(2) 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, including:
a) Assault with a deadly weapon;
(b) Aggravated battery;
(c) Intimidation;
(d) Compelling organizational membership;
(e) Homicide or manslaughter;
(f) Shooting at an occupied dwelling or motor vehicle;
(g) Kidnapping;
(h) Car jacking;
(i) Robbery;
(j) Residential burglary;
(k) Drive-by shooting;
(l) Unlawful use or possession of weapons;
(m) Bribery;
(n) Tampering with or retaliating against a witness, victim, informant, or juror;
(o) Rape;
(p) Torture; and
(q) Arson; or
(3) Any federal or state offense involving:
(a) Money laundering;
(b) Felony vandalism;
(c) Unlawful sale of a firearm; or
(d) Obstruction of justice.
(Ord. 35-1996)
§ 11-9-5. PROHIBITION
A) A person who solicits, recruits, entices, or intimidates a minor to join a criminal street gang commits a violation of this article.
(B) A person who conspires to solicit, recruit, entice or intimidate a minor to join a criminal street gang commits a violation of this article.
(C) A person who solicits, recruits, entices or intimidates a minor to join a criminal street gang or conspires to do so repeatedly from the same location commits a violation of this article.
(D) A person who expressly or impliedly threatens to do bodily harm to a minor or to that minor's family or use any other criminally unlawful means to deter any person from leaving a criminal street gang commits a violation of this article.
(Ord. 35-1996) Penalty, see § 11-9-99
§ 11-9-6. FORFEITURE PENALTY
Any vehicle used for the purpose of recruiting or conspiring to recruit a minor to join a criminal street gang is declared a public nuisance and subject to forfeiture pursuant to the following procedures:
(A) Motor vehicles subject to forfeiture under this article may be seized by any police officer of the city upon an order issued by the District Court.
(B) Seizure without such an order may be made if seizure is incident to an arrest of the driver of the vehicle for criminal gang recruitment.
(C) A vehicle taken or detained under this article shall not be subject to replevin, but is deemed to be in the custody of the Police Department seizing it subject only to the orders and decrees of the District Court. The police officer may take custody of the vehicle and remove it to an appropriate and official location within the District Court's jurisdiction for disposition in accordance with this article.
(D) In the event of seizure pursuant to division (B) of this section, proceedings for an order for forfeiture shall be instituted promptly and not later than 30 days after seizure. Any person who, pursuant to the records of the Motor Vehicle Division of the State Taxation and Revenue Department, has an ownership or security interest in the subject motor vehicle shall be served with notice of the forfeiture proceedings.
(E) When property is forfeited pursuant to this article, the Albuquerque Police Department shall sell the motor vehicle and the proceeds shall revert to the general fund of the city.
(Ord. 35-1996) Penalty, see § 11-9-99
(Ord. 35-1996)
§ 11-9-99. PENALTY
(A) Any person convicted of violating this article shall, upon conviction, be sentenced as follows:
(1) A first conviction under this article shall be punished by a fine of not more than $500 or by imprisonment not exceeding 90 days, or both.
(2) A second conviction under this article shall be punished by a mandatory fine of not less than $100 but not more than $500 or by mandatory imprisonment for not less than ten days but not exceeding 90 days, or both.
(3) A third or subsequent conviction under this article shall be punished by a mandatory fine of not less than $250 but not more than $500, or by mandatory imprisonment for not less than 25 days but not exceeding 90 days, or both.
(B) Each separate violation shall constitute a separate offense.
(Ord. 35-1996)
