HB 1461 Summary

• Establishes criminal street gang participation, solicitation, recruitment, or retention as a Class B felony when knowingly participating in criminal acts for a gang's benefit, and Class C felony for coercing or communicating threats to recruit/retain members.

• Defines "criminal street gang" as any ongoing organization of three or more persons with a common name or identifying symbol whose members engage in a pattern of criminal acts.

• Provides enhanced penalties for crimes committed by defendants as criminal street gang members: petty misdemeanors become misdemeanors, misdemeanors become Class C felonies, Class C felonies become Class B felonies, and Class B felonies become Class A felonies.

• Applies only to defendants eighteen years of age or older and requires proof beyond reasonable doubt of gang membership or active participation at time of crime.

• Takes effect July 1, 2025.