76-9-903 - Gang loitering -- Failure to disperse -- Penalties.
76-9-903. Gang loitering -- Failure to disperse -- Penalties.
(1) When a law enforcement officer observes a person whom the officer reasonably believesto be a member of a criminal street gang engaging in gang loitering in the presence of one or more otherpersons in any public place where gang loitering is prohibited under Section 76-9-905, the policeofficer shall:
(a) inform all the persons that they are within an area in which loitering by a group containingone or more criminal street gang members is prohibited;
(b) order all the persons in the group to disperse and remove themselves from within sight andhearing of the location where the officer issues the order to disperse; and
(c) inform the persons that any person in the group will be subject to being charged with acriminal offense and will also be subject to arrest if the person fails to promptly obey the order todisperse.
(2) The officer under Subsection (1) shall also advise the persons the officer is directing todisperse that each of the persons directed to disperse is subject to being charged with a criminal offenseand will also be subject to arrest if the person is again, within eight hours after the current order todisperse is made:
(a) present in a public place with a group that includes one or more persons a peace officerreasonably believes to be a member of a criminal street gang; and
(b) within sight or hearing of the location where the law enforcement officer is currently issuingthe order to disperse.
Enacted by Chapter 86, 2009 General Session