HI HB1461

Creates new criminal offense of "criminal street gang participation, solicitation, recruitment, or retention" for knowingly participating in gang criminal acts or coercing/recruiting others to join or remain in a gang

Classifies gang participation as a class B felony and gang solicitation/recruitment/retention as a class C felony

Defines "criminal street gang" as an ongoing group of three or more persons with a common name/symbol whose members engage in a pattern of criminal activity

Establishes enhanced penalties for crimes committed as a gang member or while actively participating in a gang: petty misdemeanors become misdemeanors, misdemeanors become class C felonies, class C felonies become class B felonies, and class B felonies become class A felonies

Enhanced penalties apply only to defendants 18 years of age or older; takes effect July 1, 2025