MI HB4083

Repeals the existing gang felony statute that imposed up to 20 years imprisonment for gang members committing felonies where gang membership provided motive, means, or opportunity.

Creates new offense for persons who actively participate in a gang, act as agents or accessories for a gang, or promote criminal conduct by gang members that constitutes a felony, punishable by up to 10 years imprisonment or $10,000 fine.

Redefines "gang" as a formal or informal organization of 3 or more persons having as a primary activity the commission of criminal acts that are felonies, with a common name or identifying sign or symbol, or engaged in a pattern of criminal activity.

Establishes "gang member" criteria requiring a person to meet at least 3 of 14 specified indicators, including verbal admission, identification by reliable informants, gang tattoos or dress, association with known members, social media posts, and police stops or arrests with gang members.

Permits consecutive sentencing for gang participation offenses imposed in addition to sentences for underlying felonies committed during gang activity.