Legal News

Bill expands prosecutors' ability to get damages from gang members

By Jason Siegel

The California State Senate passed a bill that expands the ability for prosecutors to seize gang members' homes, businesses, property and money after suing for civil damages when they create nuisances, the Los Angeles Times reported.

If made into law, the bill would remove the restriction that only assets gained from a crime could be collected from gang members, or persons who knew or should have known of the unlawful acts, to pay for money damages. Under SB 1126, it's fair game to collect any assets to pay the money damages, but only gang members "who created, maintained or contributed to...the nuisance are personally liable for the money damages."

The bill was sought by Los Angeles City Attorney Rocky Delgadillo and proposed by State Sen. Gil Cedillo, D-Los Angeles.

The American Civil Liberties Union opposed the bill, claiming all gang members would be penalized equally, regardless of their level of involvement in a crime.

An example of the ACLU's critique, in the bill analysis, was a gang member with significant assets paying a high proportion of the damages for a long-term nuisance when the member was only at the scene for a couple days, while members who had been more active may pay very little if they don't have assets.

They presented an amendment that was not adopted to make a gang member liable for damages "in direct proportion to [their] personal responsibility for the nuisance activity."

Full post as published by Legal Pad | LA on May 02, 2008 (boomark / email).