S.Amdt. 4833

SA 4833. Mr. KIRK submitted an amendment intended to be proposed to
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski)
to the bill H.R. 2578, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2016, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place in title V, insert the following:

SEC. 5__. CRIMINAL STREET GANG RICO PROSECUTION ACT.

Section 1961 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``(a)'' before ``As used'';
(2) in paragraph (4), by inserting ``any criminal street
gang,'' after ``other legal entity,'';
(3) in paragraph (9), by striking ``and'' at the end;
(4) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(5) by inserting after paragraph (10) the following:
``(11) `criminal street gang'--
``(A) means any organization, association, or group of 3 or
more individuals associated in fact, whether formal or
informal, that engages in criminal gang activity; and
``(B) does not include 3 or more individuals, associated in
fact, whether formal or informal, who are not engaged in
criminal gang activity; and
``(12) `criminal gang activity' means the commission,
attempted commission, conspiracy to commit, or solicitation,
coercion, or intimidation of another person to commit a
racketeering activity.''; and
(6) by adding at the end the following:
``(b) For purposes of this chapter, the existence of a
criminal street gang may be established by 1 or more
identifying characteristics, including--
``(1) evidence of a common name or common identifying
signs, symbols, tattoos, graffiti, attire, aliases,
nicknames, or social media posts; and
``(2) other distinguishing characteristics, including,
common activities, rules, codes, customs, or behaviors.''.
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