November 12, 2009
TO: THE CITIZENS OF LEGISLATIVE DISTRICT 32
MAKING GANG LAW TOUGHER SHOULD BE PRIORITY IN 2010

During the 2007 session, I was a co-sponsor of the Maryland Gang Protection Act of 2007. The measure, which became law with overwhelming Assembly approval, had the support of the Governor, law enforcement officials and the Attorney General.

The law prohibits a person from participating in a criminal gang while knowing that the members of the gang engage in an ongoing pattern of criminal gang activity. It also prohibits a person from directing or participating in the commission of a certain crime for the benefit of, at the direction of, or in association with a criminal gang. The law defines a “criminal gang” as a group of three or more persons who collectively engage in a pattern of criminal activity, whose primary objective or activity is committing certain crimes, and who have an identifying sign, symbol, name, leader or purpose.

The Governor’s Office on Crime Control and Prevention warned that criminal gangs were becoming a problem throughout the State. The FBI places the number of gangs in Maryland at 350 with about 7,700 members. There are at least three national gangs, Bloods, Crips and MS 13 organized in Maryland. Anne Arundel County has about 25 criminal gangs with about 100 members. When Christopher Jones, a 14-year old Crofton youth, was killed last May by youths, identified as gang members by police, many came to the realization that gang violence was not just a city problem. Schools have become breeding grounds for gang recruitment, with the average age for recruitment being 13.

As with most legislation, the Maryland Gang Protection Act of 2007, has been a good starting point but has left room for improvement. Prosecutors have discovered that the law’s vague language, weak penalties and cumbersome burden of proof made it hard to convict and impose strong penalties on those who commit or aid gang violence. In addition, gang related penalties can run concurrently with other penalties. When a 10-year sentence for a gang related crime runs concurrently with a 30-year sentence for armed robbery, the gang penalty is nullified. Sentences should run consecutively, so that the gang related penalty means something.

Prosecutors and legislative representatives are working to rewrite the current law to make it stronger and more effective. Hopefully, legislation to this effect will be introduced during the 2010 legislative session. Please do not hesitate to contact me on this or any other legislative issue of concern to you. As always, I encourage and welcome your input.

Sincerely,

James E. DeGrange, Sr.
State Senator, District 32
James Senate Office Building
11 Bladen Street, Room 101
Annapolis, Maryland 21401

(410)-841-3593
(410)-841-3589 (fax)
James.DeGrange@senate.state.md.us