Gang members face firearm penalties for specified crimes

A criminal gang member commits a felony by using or carrying a firearm during, or possessing one to further, certain serious crimes. The provision covers a criminal gang member who uses or carries a firearm during, or possesses one to further, a serious felony, drug crime, or crime of violence. A crime of violence counts only when the defendant or another participant used, tried to use, or threatened physical force. An antique firearm is excluded. The offense is a Class G felony, Class F if the firearm is brandished, and Class D if it is discharged. This section applies to offenses committed on or after December 1, 2026.

A criminal gang member commits a felony by transferring a firearm to a juvenile. The provision covers a criminal gang member who sells, delivers, gives, or otherwise transfers a firearm to someone under 18. The member must know or have reasonable cause to believe the recipient is under 18. This section applies to offenses committed on or after December 1, 2026.

Prosecutors may use evidence of a defendant's criminal gang activity to help prove an alleged crime. The rule applies when a person is accused of conducting, participating in, or conspiring to commit criminal gang activity, and in proceedings under Article 13B of Chapter 14. The prosecutor must disclose the evidence, witness statements, or a summary of expected testimony at least 10 days before trial, unless a judge changes or excuses the deadline for good cause. The rule does not prevent other ways of admitting or considering the evidence. This evidence rule applies to offenses committed on or after December 1, 2026.

Courts may hear fact or expert testimony about criminal gang activity, membership, association, leadership, and existence. This provision applies in proceedings under the criminal gang law article. Expert testimony may address gang characteristics, rivalries, practices, customs, terms, codes of conduct, and types of crimes.