NASSAU, Bahamas, CMC—The House of Assembly on Wednesday tabled long-awaited anti-gang legislation that will see gang members face up to 25 years in prison.
The legislation detailed how gang membership could be proven – with evidence, including people’s clothing, tattoos, body markings, signs, or codes in their possession. Other evidence included confessions or evidence of criminal activity.
Under the Anti-Gang Bill 2024, a police officer could also arrest a person without a warrant if there is “reasonable cause” to believe the person is a gang member, gang leader, or involved in gang activity.
The bill was passed as the country continues to grapple with a murder rate that has seen 37 homicides so far this year, several of which have been linked to gang retaliation.
At the start of the year, Prime Minister Philip “Brave” Davis promised that his administration would introduce the “toughest anti-gang legislation ever.”
Within the bill, a “gang” is a combination of three or more people who are formally or informally organized and act alone or with each other in gang-related activity.
Under the bill, the Minister of National Security can apply to the Supreme Court to declare that a group of people is a gang if there are “reasonable grounds” to believe the group is involved in gang activity.
Any person aggrieved by the decision can appeal the decision to the Court of Appeal within 21 days.
The new bill also outlined evidence that could prove membership in a gang and said gang involvement could lead to imprisonment for several offenses.
Under the bill, a person who is a gang leader or gang member can be jailed for up to 25 years. Additionally, a person who commits an offense as a gang leader or gang member or intimidates another person into joining a gang could be jailed for up to seven years.
Gang activity was described as various acts of crime, including recruiting others to join gangs, retaliatory violence, kidnapping a person, threatening someone, or benefiting from a gang.
A person engaged in gang-related activity could be liable to a fine of US$100,000 or be jailed for up to 25 years. Any gang member involved in an act that leads to death could face life in jail.
Anyone harboring a gang member could also be jailed – with a possible sentence of up to 25 years. If the gang member or gang leader is a child, then the parent will be convicted for harboring them.
Within the bill, a person who recruits another person to join a gang could be jailed for up to 20 years. A person who recruits a child could face a 25-year sentence.
Anyone committing obstruction of justice by intimidating, threatening, or offering bribes to justice system members could also be jailed for up to 25 years.
The bill also makes provisions for forfeiture of the property of a gang or property intended for gang-related activities. This also extends to anyone who knowingly benefits from gang-related activity.
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