[Boston-print] We NEED to cover this!

[Pete Stidman]

BOSTON CITY COUNCIL PUBLIC HEARING ON I I I dont have
the details yet but I would suggest calling Councillor
Turner as a first step.   Before anybody on the
website or print group takes this story please call me
to claim it so I can coordinate if more than one wants
it.  ( and so we dont make ten call to councillor
turner)  This is going to be a big issue for certain
neighborhoods in boston...

NOV. 4, 2004 -- (11:00 AM)
Boston City Council's Committee on Government
Operations will hold a public hearing: 
(Fifth Floor of Boston City Hall)  Christopher A.
Iannella Chamber 

**Docket #1310:     ((((((((((((( (ANTI-LOITERING
ORDINANCE) )))))))))
PETITION FOR A SPECIAL LAW REGARDING PUBLIC SAFETY IN
THE CITY OF BOSTON.

This matter was sponsored by Councillor Paul J.
Scapicchio and was referred to the Committee on
Government Operations.  The Boston City Council is
considering a petition that gives unprecedented powers
to the Boston Police on the premise that the
neighborhoods of Boston must be secured against our
children. 

This petition is entitled the "Home Rule Petition" but
is, in reality a framework for marshal law.

 The Public Hearing is scheduled on THURSDAY November
4th at 11:00 a.m.

 This does not give us much time to organize.  Please
circulate a copy of this petition and organize to fill
the chamber.    --Jamie Bissonnette

________________________________________________________________________________

This is the language of the Councillor Paul
Scapicchio's 

HOME RULEPETITION 

CITY OF BOSTON
IN CITY COUNCIL
HOME RULE PETITION

 


WHEREAS, In many neigl]lborhoods throughout the City,
the burgeoning presence of criminal street gang
members in public places threatens the safety of
law-abiding persons; and


WHEREAS, One of the methods by which gangs establish
control over public spaces is by loitering in thpse
spaces and creating a climate of intimidation that
discourages law-abiding citizens from entering those
areas; and


WHEREAS, Loitering in public places by criminal street
gang members imperils the safety of I persons and
property in the area because of the drug-dealing,
violent assaults, robberies, an4 vandalism that
accompany the established presence of such groups; and
!


Members of gangs avoid arrest by committing no offense
punishable under existing laws when they know police
are present, while maintaining control over public
areas ~ough their. continued loitering; and

WHEREAS,
WHEREAS, Current laws~0 not effectively deal with
problems posed by gang loitering as their enforce ent
is predicated on the willingness of residents to
testify against gang member and drug dealers. Faced
with comparable circumstances, the City of Somervillel
responded with the passage of an anti-loitering law
granting the Somerville Pqlice Department the
authority to more effectively address criminal gang
activity; and


The Boston ity Council seeks to protect the safety and
welfare of the residents of, and visito s to, Boston's
vibrant and diverse neighborhoods and endeavors to
provide the B ston Police Department with the
legislative authority needed to preserve the ity's
streets and other public places so that Boston's
residents and
visitors may se such places without fear. THEREFORE BE
IT


WHEREAS,
ORDERED, That a petitio~ to the General Court,
accompanied by a bill for a special law relating to
th~ City of Boston to be filed with an attested copy
of this order be, and hereby is, apriroved under
Clause 1 of Section 8 of Article II, as amended, of
the Articles of ~endment to the Constitution of the
Commonwealth of Massachusett~, to the end that
legislation be adopted precisely as follows, except
for clerical o~ editorial changes of form only:


PETITION FOR A SPECIAL LAW RE: PUBLIC SAFETY IN THE
CITY OF BOSTON
Section 1. Purpose.
The burgeoning presence of street gang members in
public places has alarmed, intimidated, and scared
many law-abiding persons. Loitering in public places
by criminal street gang members, a method for
intimidating lawlabiding persons and asserting control
over identifiable areas, creates fear for the safety
of persons! and property in the area because of the
violence, including unacceptably high rates of
dIjive-by shootings, drug-dealing, and vandalism often
associated with such activity. Members of ctiminal
street gangs avoid arrest by committing no offense
punishable under existing laws when they know police
are present, while maintaining control over
identifiable areas by continued loitering for criminal
activity when they know police are absent. 

This Act provides the Boston Police Department with
the legislative authority that it needs to protect the
public safety and re-open and preserve the City's
streets and other public places so that Boston's
residents and visitors may use such places without
fear.


Section 2. Definitions.
Unless specifically indicated otherwise, the following
definitions shall apply and control in this Act.


"Criminal gang activity" sha~l mean an adjudication by
reason of or a conviction for one (1) or more of the
following offens~s if the offense was committed by two
(2) or more persons or by an individual at the
direction of) or in association with, any criminal
street gang, with the specific intent to promote,
further, on assist in any criminal conduct by gang
members: murder; manslaughter; assault; assault and
battery; indecent assault and battery on a child under
fourteen (14) years of age; assault and battery to
collect a loan; assault and battery upon a public
employee; indecent assault and battery on a mentally
retarded person; commission of a felony for hire;
indecent assault and battery on a person fourteen (14)
years of age or older; assault or assault and battery
on an emergency medical technician, ambulance
operator, or ambulance attendant; assault and battery
upon a child; assault and battery upon an elderly or
disabled person; mayhem; assault with the intent to
murder or maim; assault and battery with a dangerous
weapon; assault and battery with a dangerous weapon on
a victim sixty (60) years of age or older; assault
with a dangerous weapon on a victim sixty (60) years
of age or older; attempt to murder; armed robbery;
assault with intent to rob or murder; assault with a
dangerous weapon in a dwelling house; use of firearms
while committing a felony; entry of a dwelling place
with persons present within; robbery by unarmed
person; assault with intent to rob; stealing by
confining or putting in fear; assault or confinement
of a person for the purpose of stealing a motor
vehicle; rape; rape of a child; rape or abuse of a
child; assault with the intent to commit rape; assault
of a child with the intent to commit rape; attempted
extortion; kidnapping; kidnapping of a minor or
incompetent by a relative; drugging persons by
kidnapping; use of poison with intent to injure;
assault with intent to commit a felony; assault or
battery for purpose of intimidation by using weapons;
coercion of child under eighteen (18) years of age
into criminal conspiracy; burning or aiding in burning
of a dwelling house; burning or aiding in burning of a
meeting house; burglary; armed burglary; assaulting
occupants while committing burglary or armed burglary;
unarmed burglary; breaking and entering; breaking and
entering at night; breaking and entering iin the day
time; breaking and entering with the use of or
possession of weapons; breaking and entering into a
dwelling house; larceny by stealing from a victim
sixtyfive (65) years of age or older; larceny;
carrying dangerous weapons; possession of a machine
gun or sawed-off shotgun; possession of a large
capacity weapon or large capacity feeding device or;
possession or carrying of a firearm in violation of
the General Laws or any violation of chapter94C of the
General Laws or an offense similar to an offense
included in this definition in violation of the laws
of another state, the United States, or a military,
territorial, or Indian tribal authority.


"Criminal street gangs" shall mean any ongoing
organization, association-in-fact or group of three
(3) or more persons, whether fon11al or informal,
having as one (1) of its substantial activities the
commission of one (1) or more of the criminal acts
enumerated in the definition of "criminal gang
activity" and whose members individually or
collectively engage in or have engaged in a pattern of
criminal gang activity.


"Gang loitering" shall mean one who, with the intent
to further the common purpose or existence of a
criminal street gang: 

(i) engages in conduct with the intent to control
identifiable areas which renders such areas impassable
without unreasonable inconvenience or hazard; 

(ii) threatens to commit a crime; 

(iii) defaces real or personal property in violation
of section 126A of chapter 266 of the General Laws; 

(iv) intimidates another; or 

(v) engages in disorderly behavior or a breach of the
peace.


"Intimidate" shall mean putting in fear for the
purpose of compelling or deterring conduct. 


"Pattern of criminal gang activity" shall mean two (2)
or more acts of criminal gang activity, of which at
least two (2) such acts were committed within five (5)
years of each other. 


"Public place" shall mean a public way or any other
location open to the public, whether publicly or
privately owned.


Section 3. Designation and Enforcement.
The commissioner of the Boston police department shall
by written directive designate areas of the city of
Boston for enforcement of this Act is necessary
because gang loitering has enabled criminal street
gangs to establish control over identifiable areas, to
intimidate others from entering those areas, or to
conceal illegal activities. Prior to making a
determination under this section, the commissioner of
the Boston police department shall consult with
persons who are knowledgeable about the extent and/or
effects of gang activity in areas in which this Act
may be enforced. Such persons may include, but not be
limited to, members of the Boston police department
with special training or experience related to
criminal street gangs, other personnel of the Boston
police department with particular knowledge of gang
activities in the proposed designated area, elected
and appointed officials of the area, and
community-based organizations. 


The commissioner of the Boston police department shall
develop and implement written procedures for the
periodic review and updating of designations made
under this Act. 

Any police officer that observes members of a criminal
street gang engaged in gang loitering in  any public
place designated for the enforcement of this Act
shall, subject to all applicable procedures
promulgated by the commissioner of the Boston police
department: 

(i) inform such criminal street gang members that they
are engaged in gang loitering within an area in which
loitering by groups containing criminal street gang
members is prohibited, 

(ii) order all such criminal street gang members to
disperse and remove themselves from within sight and
hearing of the place at which the order is issued, 

(iii) inform those criminal street gang members
engaged in gang loitering that they will be subject to
arrest if they fail to promptly obey the order or if
they engage in further gang loitering within sight or
hearing of the place at which the order is issued
during the next three (3) hours.


Section 4. Gang Advisory Board.
The city of Boston shall create a gang advisory board
which shall consist of a representative of the city of
Boston Human Rights Commission to be chosen by such
commission, a member of the professional standards
office of the Boston police department to be chosen by
the commissioner of the Boston police department, the
corporation counselor his/her designee, a Boston city
councillor selected by the Boston city council, and
three (3) represe~tatives of the community, at least
two (2) of whom shall be minority  representatives,
selected by the mayor of the city of Boston and
confirmed by the Boston city council to serve for a
two (2) year term.


The gang advisory board shall confer with the
commissioner of the Boston police department regarding
the establishment of the written procedures set forth
in this Act and shall provide recommendations for the
training of police personnel regarding implementation
of this Act, including issues raised as a result of
complaints, if any. The gang advisory board may make
recommendations to the mayor of the city of Boston
regarding policies and procedures to address gang
Issues.


Section 5. Procedures and Regulations.
The commissioner of the Boston police department
shall, by written directive, promulgate procedures to
prevent the enforcement of this section against
persons who are engaged in activities that are 
protected by the Constitution of the United States or
the Constitution of the Commonwealth of
Massachusetts. 


The commissioner of the Boston police department
shall, by written directive, promulgate procedures to
identify current members of criminal street gangs for
updating criminal street gang records regularly
including, but not limited to, removing former members
of criminal street gangs from such lists. The
commissioner of the Boston police department shall
promulgate regulations to ensure that any required
notices under this act are provided in a language
reasonably calculated to be understood by the alleged
violator.


Section 6. Penalties.
Any person who fails to promptly obey an order issued
under Section 3, or who engages in further gang
loitering within sight or hearing of the place at
which such order was issued during the three-hour
period following the time an order to disperse was
issued, shall be punished by a fine of not less than
one hundred dollars ($100) and not more than five
hundred dollars ($500) or imprisonment in the house of
correction for not more than six (6) months or by both
such fine and imprisonment. A second or subsequent
offense shall be punished by a minimum mandatory
sentence of not less than five (5) days imprisonment
in the house of correction.


Section 7. Forfeiture Proceedings.
Any property subject to forfeiture pursuant to section
47 of chapter 94C of the General Laws shall be subject
to civil forfeiture if used in any manner or part, to
commit or to facilitate a violation of this act. Civil
forfeiture proceedings shall be governed by the
procedures contained in said section 47 of chapter 94C
of the General Laws, except that the final order of
the court shall provide that the proceeds of the sale
of any conveyance, real property, moneys, or other
things of value forfeited under a court order shall be
used to pay the reasonable expenses of forfeiture
proceedings, including the cost of storage and
custody, and the balance shall be
distributed to the police department of the city of
Boston.


Section 8. Severability.
If any provision of this act or the application of
such provision to any person or circumstance shall be
held invalid, the validity of the remainder of this
act and the applicability of such provision to other
persons or circumstances shall not be affected
thereby.


Section 9. Implementation.
This act shall take effect upon passage.



		
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