A host of local law enforcement and prosecutors said Monday they "are on the same page" when it comes to suppressing local gangs that have brought a spate of violence and death in Chattanooga.

Boyd Patterson, the city's new gang czar, said gang members need to know that agencies are cooperating "from the Housing Authority to the FBI and if you commit crimes as a gang member you may die in federal prison."

At a press conference at City Hall, U.S. Attorney Bill Killian said he is prepared to accept gang cases in federal court, where sentences are much stiffer than in state court.

He said, "No longer can gang members count on law enforcement not working together to allow them to ply their trade."

District Attorney Bill Cox said four bills are being introduced into the Legislature to try to stiffen penalties against gangs in state court as well.

One bill would enhance punishment for felons in possession of guns and another would give mandatory time to convicted gang members.

Another bill would amend the state RICO statute to make it apply to gangs, and a fourth would create a new offense related to being a gang member.

Mayor Ron Littlefield said, "There is no magic solution" to the gang problem. But he said the city is stepping up to make a substantial investment toward dealing with gangs, including hiring of Mr. Patterson and associate gang czar Fred Houser and paying for a gang assessment.

He said seeking to intervene in the lives of young people and trying to keep them from joining gangs is a part of the solution.

On the cost issue, the mayor said it is projected that the Christmas Day shooting downtown involving rival gangs in which nine people were shot had a price tag to the community of about half a million dollars.

Mr. Houser said he will be leading a community-wide program to find help for young people to seek to divert them from joining gangs and to give them alternate opportunities.

He said, "We are doing all we can to make this thing work for our children."

An ATF official said that agency is tracking guns that end up in the hands of gang members. He said those who supply the weapons can be federally prosecuted.

Mayor Littlefield said the gang problem here involves "black on black crime." He said he noted that statement brought some raised eyebrows, but he said it's true.

A man in the audience said at his church on Sunday there was dismay over a statement by Sheriff Jim Hammond about sending gang members "to the funeral home."

Sheriff Hammond said he is "deeply concerned that we are losing the talents of a generation of young people." He said he is working to develop elementary school programs to deter gang membership.

He said, "I am not for going out here and shooting anybody. I am for saving a generation."

Here are the proposed bills:

HOUSE BILL ____

By____

AN ACT AN ACT to amend Tennessee Code Annotated,
Title 39, Chapter 17 [criminal gangs]

SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding the following language as a new, appropriately designated part thereto:
39–17–1901
(a) It shall be unlawful for any person to actively participate in any criminal street gang as defined by T.C.A. § 40-35-121(A)(1) with knowledge that its members engage in or have engaged in a pattern of criminal gang activity as defined by in T.C.A. § 40-35-121(A)(4), and to willfully promote, further, or assist in any felonious criminal conduct by members of that gang.
(b) A violation of this section is a Class E Felony.

39–17–1902

In order to secure a conviction or sustain a juvenile petition, pursuant to this Part, it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required.

SECTION 3. This act shall take effect July 1, 2012, the public welfare requiring it, and shall apply to prohibited acts occurring on or after the effective date of this Act.

Gang Related Felony Legislation

Amending T.C.A. 39-17-1901

The suggested language (amendment) creates an additional felony for gang members committing felonies. This will increase potential length of sentences by possibly allowing the additional crime to be run consecutively to the underlying felony. The additional felony can also be used to increase future sentences, as well as an additional conviction used to enhance within the range.

RICO Amendment

HOUSE BILL ____

By____

AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 12, Sections 203 and 204, relative to racketeering activities [criminal gangs]

SECTION 1. Tennessee Code Annotated, Section 39-12-203, is amended by deleting Section Nine (9) in its entirety and by substituting instead the following:
“Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact, although not a legal entity, and it includes illicit as well as licit enterprises and governmental, as well as other, entities including criminal gangs, as defined in 40-35-121(1).

SECTION 2. Tennessee Code Annotated, Section 39-12-203, is amended by deleting Section Nine (9) in its entirety and by substituting instead the following:
“Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit an act for financial gain that is a criminal offense involving controlled substances, and the amount of controlled substances involved in the offense is included under the provisions of § 39-17-417(i) and (j) and its subparts, involving aggravated sexual exploitation of a minor or especially aggravated sexual exploitation of a minor under §§ 39-17-1004(b)(1)(A) and 39-17-1005(a)(1) or to commit, attempt to commit, conspire to commit, or to solicit, coerce, or intimidate another person to commit a criminal gang offense as defined in 40-35-121(a)(3).

SECTION 3. This act shall take effect July 1, 2012, the public welfare requiring it, and shall apply to prohibited acts occurring on or after the effective date of this Act.

Tennessee RICO Amendment Information and Summary

What Does RICO stand for?

Racketeer Influenced and Corrupt Organization

The History of RICO

The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

What Changes Does the City of Chattanooga Wish to Accomplish?

Racketeering activity is defined under T.C.A. 39-12-203 of the Tennessee Code Annotated. Racketeering is defined as:

“Racketeering Activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit an act for financial gain that is a criminal offense involving controlled substances, and the amount of controlled substances involved in the offense is included under the provisions of 39-17-417 (i) and (j) and its subparts or involving aggravated sexual exploitation of a minor or especially aggravated sexual exploitation of a minor under 39-17-1005 (a)(1).”

The City of Chattanooga would like to expand and amend this definition to include “Criminal Street Gangs” by doing the following:

After sexual exploitation of a minor: “or to commit, attempt to commit, conspire to commit, or to solicit, coerce, or intimidate another person to commit a criminal gang offense, as defined in 40-35-121(a)(3)”

39-12-203, Enterprise. After entities: “including criminal gangs, as defined in 40-35-121(1)”

What Will These Changes Do?

Reference Re: T.C.A. 39-12-203

The suggested amendments will allow local District Attorneys and local governments to dismantle street gangs by allowing “group prosecutions” against several gang members at once. Coupled with the B-Felony level of the offense, not only can RICO take out gang members by the dozen, but this would send a dramatic and clear message to every non-hardened gang member for them to get out while they can.

Fred Houser and Boyd Patterson are leading effort dealing with gangs