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Ch. 313 2005 LAWS OF MARYLAND
(i) sentencing a defendant who is convicted of a felony or of a
misdemeanor that resulted in serious physical injury or death to the victim to the
jurisdiction of the Division of Correction; or
(ii) referring a defendant to the Patuxent Institution.
(2) The party that requests the report has the burden of establishing
that the investigation should be ordered.
(3) If required under § 11-402 of the Criminal Procedure Article, the
report shall include a victim impact statement.
(4) IF THE DEFENDANT HAS BEEN CONVICTED OF A FELONY OR
MISDEMEANOR THAT IS RELATED TO THE DEFENDANT'S MEMBERSHIP IN A CROUP
WHOSE MEMBERS, WITH KNOWLEDGE, INDIVIDUALLY OR COLLECTIVELY COMMIT,
ATTEMPT TO COMMIT, ENCAGE IN CONSPIRACY TO COMMIT, OR SOLICIT ANOTHER
TO COMMIT CRIMINAL ACTS CRIMINAL GANG, AS DEFINED IN § 9-801 OF THE
CRIMINAL LAW ARTICLE, THE REPORT MAY INCLUDE INFORMATION REGARDING THE
GROUP AFFILIATION OF THE DEFENDANT.
Article - Criminal Law
SUBTITLE 8. CRIMINAL GANG OFFENSES.
9-801.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "COERCE" MEANS TO COMPEL OR ATTEMPT TO COMPEL ANOTHER BY
THREAT OF HARM OR OTHER ADVERSE CONSEQUENCES.
(C) "CRIMINAL GANG" MEANS A GROUP WHOSE MEMBERS, WITH KNOWLEDGE,
INDIVIDUALLY OR COLLECTIVELY COMMIT, ATTEMPT TO COMMIT, ENGAGE IN
CONSPIRACY TO COMMIT, OR SOLICIT ANOTHER TO COMMIT CRIMINAL ACTS OR ANY
ASSOCIATION OF THREE OR MORE PERSONS:
(1) THAT FORMS TO ENGAGE IN CRIMINAL ACTIVITY, INCLUDING ACTS
BY JUVENILES THAT WOULD BE CRIMES IF COMMITTED BY ADULTS, FOR THE
PURPOSES OF PECUNIARY GAIN OR TO CREATE AN ATMOSPHERE OF FEAR AND
INTIMIDATION EITHER COLLECTIVELY OR WITH KNOWLEDGE OF THE ACTS OF THE
MEMBERS OF THE GROUP; AND
(2) WHOSE MEMBERS HAVE A COMMON IDENTIFYING SIGN, SYMBOL, OR
NAME.
(D) "SOLICIT" HAS THE MEANING STATED IN § 11-301 OF THIS ARTICLE.
9-802.
(A) A PERSON MAY NOT THREATEN ANOTHER AN INDIVIDUAL, OR A FRIEND
OR FAMILY MEMBER OF AN INDIVIDUAL, WITH PHYSICAL VIOLENCE WITH THE
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