MI HB5682

Replaces existing gang-related felony provisions with new language criminalizing active gang participation, acting as a gang agent or accessory, or promoting criminal conduct by gang members as a felony punishable by up to 10 years imprisonment or a $10,000 fine.

Redefines "gang" as a formal or informal organization of 3 or more persons with primary activities including commission of felonies, having a common name/identifying sign/symbol, whose members engage in a pattern of criminal activity constituting one or more felonies.

Defines "gang member" as a person meeting at least 3 of 14 criteria including verbal admission of membership, identification by parent/guardian or informant, gang-style dress, hand signs, tattoos, association with known members, social media posts, arrests with gang members, or communications claiming gang crime responsibility.

Allows courts to impose gang participation sentences consecutively with sentences for underlying felonies committed during gang activity.

Specifies that "pattern of criminal activity" requires conviction of at least 2 felony or violent misdemeanor offenses by one or more gang members, including assaultive offenses, weapon-related crimes, domestic abuse, or criminal sexual conduct offenses.