New Federal Bills Target Bikers

If you think these bills will only apply to the 1% ‘ers, think again. We’re all patch holders. ABATE, CMA, HOG and all you other club members, watch your backs.

In 1991, ABATE nationwide, worked successfully to eliminate "motorcycle and motorcyclist" references from U.S. Senate Bill 339, “The Outlaw Street & Motorcycle Gang Control Act” sponsored by Senator Dennis DeConcini.

Here we go again in 2004:

S.2358 (Introduced by Senator Richard J. Durbin, [IL] in Senate 4/28/04)
Official Title: ” A Bill to Allow for the Prosecution of Members of Criminal Street Gangs, and for Other Purposes”

Other purposes? What other purposes? This is a dangerous bill, with language so broad that it could give carte blanche to law enforcement officials, similar to the Patriot Act, which can best be described as patriotism on steroids.

Short? Titles:
”American Neighborhoods Taking the Initiative-Guarding Against Neighborhood Gangs Act of 2004”

Sounds good. Who wouldn’t want to protect their neighborhood?

”Anti-Gang Act”: The only group excluded from this legislation is American Indian Tribes.

“Prosecutors and Defenders Incentive Act”: (a tuition reimbursement is attached for any Lawyer who becomes a prosecutor or public defender for the Government for 3 years after finishing Law School and becoming a Lawyer.

This Bill has been read twice on the US Senate Floor and has been sent to the Judiciary Committee.

Critical here is the way Section 101 of this bill defines street gangs. In short the main determining factors are:

1) A common name, insignia, flag, means of recognition, secret signal or code.

2) A common creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty.

3) Membership, age or other qualifications, initiation rites, geographical or territorial sites, boundary, or location or other unifying mark, manner, protocol, or method of expressing or indicating membership.

S.1735 “Gang Prevention and Effective Deterrence Act of 2003” (Introduced in Senate by Senator Orrin Hatch, R-UT, (10/15/2003):

This bill, also known as “The Criminal Street Gang Abatement Act”, redefines “street gangs” with language identical to S.2358

”(1) CRIMINAL STREET GANG - (A) IN GENERAL - The term `criminal street gang' means an ongoing formal or informal group, club, organization, or association of 3 or more persons through or for which they individually, jointly, or in combination, have committed or attempted to commit, for the direct or indirect benefit of, at the direction of, or in association with the group, club, organization, or association, 3 or more unrelated predicate gang crimes, provided that (III) Membership, age or other qualifications, initiation rites, geographical or territorial sites, boundary, or location, or other unifying mark, manner, protocol, or method of expressing or indicating membership”…

Listed by law enforcement as criminal gangs are: Hells Angels, Bloods, Crypts, Latin Kings, and Gangsters for Life (GFL), Little Harlem (LH), skin heads and others.
If passed, this bill creates a new law making it illegal for the Hells Angels to recruit new members that would be punishable by up to 10 years in jail.

If you think these bills will only apply to the 1% ‘ers, think again. We’re all patch holders. ABATE, CMA, HOG and all you other club members, watch your backs.