The bill amends the Anti-Organized Criminal Enterprise Act in West Virginia to address the growing threat of organized criminal activities and gang involvement. It expands the findings of the Legislature to explicitly include gangs and gang activity, recognizing the increasing incidence of such enterprises in the state. A new definition of "gang" is introduced, describing it as an organization of three or more individuals engaged in qualifying offenses. The bill also adds gang-related activities to the list of offenses punishable under the Act and clarifies that certain offenses are separate and distinct crimes, thereby enhancing the legal framework to combat organized crime.

Additionally, the bill establishes specific criminal penalties for individuals who become members of a gang or organized criminal enterprise and engage in qualifying offenses, as well as for those who recruit others into such organizations. Penalties include imprisonment for up to 10 years and fines up to $25,000 for promoting gang activities, and up to 5 years and fines up to $10,000 for soliciting new members. The legislation also addresses witness intimidation in prosecutions related to organized crime, imposing a felony charge for such actions. Overall, the bill aims to strengthen law enforcement's ability to tackle organized crime and protect the community.

Statutes affected:
Introduced Version: 61-13-2, 61-13-3
Committee Substitute: 61-13-1, 61-13-2, 61-13-3
Enrolled Committee Substitute: 61-13-1, 61-13-2, 61-13-3