Gang bills stir up debate

Consideration of a Senate bill that creates both a definition and punishment for the new crime of "gang loitering" incited extensive debate Thursday on the House floor as members raised issues of constitutionality and racial profiling.

The bill, SB16, proposes a class B misdemeanor charge for known gang members "failing to disperse" at the order of a law enforcement officer from a designated, "no gang member" area, or returning to that area within eight hours of being asked to disperse.

On Thursday, House Minority Leader David Litvack, D-West Valley, proposed a floor amendment to the bill that would have mandated that only officers with specific criminal gang and racial profiling training could enforce the statute and that the designation of "no gang member" areas be both opened to a public hearing before designation, and clearly defined and posed after designation.

"If you're not engaging in an illegal activity we're saying we can still ask you to leave, and if you come back in eight hours it's a criminal act," Litvack said.

Litvack's proposed changes were rejected in testimony by Rep. Paul Ray, R-Clearfield, who discounted Litvack's concerns over racial profiling.

"We've got to get out in front of this gang issue," Ray said. "I'm not concerned about racial profiling … it doesn't seem to be a big issue."

Litvack's proposed amendment failed in a 42-31 vote of the House before the body passed SB16 56-17. It now heads to Gov. Jon Huntsman Jr.

Two bills sponsored by Sen. Jon Greiner, R-Ogden, dealing with gangs also passed a House committee Thursday. The first proposal, SB28, would make it illegal for anyone convicted of a gang-related crime to have a gun, ammunition or anything that looks like a gun in their possession for five years. The other bill, SB19, creates stiffer penalties for crimes committed as a gang — which is defined as two or more people.Contributing: David Servatius

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