Criminal gang offenses – Enhanced punishment – Procedure

(a) As used in this section, unless the context otherwise requires: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Property: includes both personal and real property. See Tennessee Code 1-3-105sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Statute: A law passed by a legislature.(1) “Criminal gang” means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has: (A) As one (1) of its primary activities, the commission of criminal gang offenses; (B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity; (2) “Criminal gang member” is a person who is a member of a criminal gang, as defined in subdivision (a)(1), who meets two (2) or more of the following criteria: (A) Admits to criminal gang involvement; (B) Is identified as a criminal gang member by a parent or guardian; (C) Is identified as a criminal gang member by a documented reliable informant; (D) Resides in or frequents a particular criminal gang’s area, adopts their style or dress, their use of hand signs or their tattoos and associates with known criminal gang members; (E) Is identified as a criminal gang member by an informant of previously untested reliability and the identification is corroborated by independent information; (F) Has been arrested more than once in the company of identified criminal gang members for offenses that are consistent with usual criminal gang activity; or (G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation; (3) “Criminal gang offense” means: (A) A criminal offense committed prior to July 1, 2013 that: (i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (ii) Results, or was intended to result, in the defendant’s receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or (B) The commission or attempted commission, facilitation of, solicitation of, or conspiracy to commit any of the following offenses on or after July 1, 2013: (i) First degree murder, as defined in § 39-13-202; (ii) Second degree murder, as defined in § 39-13-210; (iii) Voluntary manslaughter, as defined in § 39-13-211; (iv) Assault, as defined in § 39-13-101; (v) Aggravated assault, as defined in § 39-13-102; (vi) Kidnapping, as defined in § 39-13-303; (vii) Aggravated kidnapping, as defined in § 39-13-304; (viii) Especially aggravated kidnapping, as defined in § 39-13-305; (ix) Robbery, as defined in § 39-13-401; (x) Aggravated robbery, as defined in § 39-13-402; (xi) Especially aggravated robbery, as defined in § 39-13-403; (xii) Carjacking, as defined in § 39-13-404; (xiii) Rape, as defined in § 39-13-503; (xiv) Aggravated rape, as defined in § 39-13-502; (xv) Rape of a child, as defined in § 39-13-522; (xvi) Aggravated burglary, as defined in § 39-13-1003; (xvii) Especially aggravated burglary, as defined in § 39-13-1004; (xviii) Aggravated criminal trespass, as defined in § 39-14-406; (xix) Coercion of witness, as defined in § 39-16-507; (xx) Retaliation for past action, as defined in § 39-16-510; (xxi) Riot, as defined in § 39-17-302; (xxii) Aggravated riot, as defined in § 39-17-303; (xxiii) Inciting to riot, as defined in § 39-17-304; (xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454; (xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454; (xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307; (xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309; (4) (A) “Pattern of criminal gang activity” means prior convictions for the commission or attempted commission of, facilitation of, solicitation of, or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more crimina