Crime

A new "shall issue" law has taken effect in Iowa, while a court ruling in Ohio blocks cities from establishing local gun-control laws

This Act defines harassment, intimidation, and bullying. It requires schools to implement bullying prevention programs. It requires school principals appoint anti-bullying specialists for their schools and it mandates forming school safety teams for each school.
This legislation requires teachers, school board members, school leaders, and other education personnel to get training about recognizing and preventing harassment, intimidation, and bullying by students. It addresses reporting such incidents to a district board of education, on school report cards, and by the state department of education. It requires the state department of education to develop guidance documents explaining how complaints about harassment, intimidation, and bullying must be resolved.
This legislation requires public institutions of higher education to adopt a policy in the code of student conduct prohibiting harassment, intimidation, and bullying.
The legislation creates a Bullying Prevention Fund within the department of education to provide grants to train school personnel about preventing harassment, intimidation, and bullying in schools. 
 
This legislation enacts a number of provisions about gang-related offenses. For example, it creates an offense for aspiring to commit or committing certain crimes as a member of a criminal street gang and it establishes penalties for directing the activities of street gangs. It also requires children who are arrested for committing crimes as gang members to participate in gang intervention programs. 
The Act enhances penalties for certain organized criminal activity committed in or around a gang-free zone and provides that a map from a municipal county engineer is admissible as evidence of a gang-free zone. It requires information about gang-free zones be included in the student handbooks or equivalent publications of public or private elementary or secondary schools and institutions of higher education and also be distributed to the parents and guardians of children who attend day-cares. 
It enables the state or another governmental entity to bring an action against a member of a criminal street gang for damages when the member violates a temporary or permanent injunction. A district, county, or city attorney or the attorney general can sue to recover actual damages, civil penalties, and court costs and fees. 
The legislation makes the property of a criminal street gang or its members subject to seizure under certain conditions. Money received for damages or as a civil penalty must be used to benefit of the community or harmed neighborhood. 
It authorizes a court to impose electronic monitoring on a member of a criminal street gang as a condition of granting community supervision. The bill authorizes a parole panel to impose on a member of a criminal street gang who is a repeat offender electronic monitoring as a condition of release on parole or mandatory supervision. 
The Act establishes criteria for including evidence of membership in a criminal street gang intelligence database and allows that information to be retained for five years. 
The legislation also provides for the creation of a state anti-gang grant program to support regional, multidisciplinary approaches to combat gang violence. 
 
According to the Federal Bureau of Investigation, organized retail theft losses have amounted to as much as $30 billion. It is a growing problem for retailers, manufacturers and distributors in this state and throughout the United States. Organized retail theft is committed by professional theft rings which move across communities and states to pilfer merchandise from supermarkets, chain drugstores, independent pharmacies, mass merchandisers, convenience stores, warehouses and transporters, then resell that merchandise in venues including the Internet, at flea markets and to the stores from which it was stolen. Popular targets include infant formula, skin care products, heartburn medications and shaving products. 
This SSL draft Act is based on Pennsylvania HB 1720, which became law in 2010. This draft legislation creates penalties for organized retail theft as a felony of the second or third degree, depending upon the retail value of the stolen merchandise. 
A 2009 SSL draft Act entitled Organized Retail Crime allows for the amount of goods stolen to be aggregated into one charge before a defendant goes to trial. That Act also allows grouping multiple offenses together to meet a threshold that imposes stiffer charges on people who commit organized retail theft. The legislation requires establishments which accept large amounts of items for resale to make a reasonable attempt to determine if the items are stolen. The 2009 SSL draft is based on Delaware HB 121, which was enacted into law in 2007. 
The 2008 SSL draft Act entitled Organized Retail Theft creates three crimes. One addresses theft of property with a value of at least $250 from a mercantile establishment with intent to resell. Another makes it a crime to possess stolen property from a mercantile establishment with a value of at least $250. The third addresses theft of property from a mercantile establishment when the person leaves through an emergency exit, uses a device designed to overcome security systems, or commits theft at 3 or more mercantile establishments within 180 days. Finally, that Act adds theft with intent to resell and organized retail theft to a list of offenses that can be “criminal profiteering” when punishable as a felony and by imprisonment for more than one year. The 2008 SSL draft is based on Washington Chapter 277 of 2006. 
 

By a margin of just 4,341 votes, Arizona voters approved a measure that will legalize medical marijuana use for people with certain chronic or debilitating conditions.  The measure started out losing by about 7,200 votes on Election Day, but the gap gradually narrowed in the following 10 days, as provisional and mail-in ballots were counted.

Under Proposition 203, licensed physicians could recommend medical marijuana to patients with debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C and...

California voters soundly defeated Proposition 19, which would have allowed people 21 and older to possess, grow and transport marijuana for their personal use.  Medical marijuana initiatives on the ballot in three states also fared badly.

California voters soundly defeated Proposition 19, which would have allowed people 21 and older to possess, grow and transport marijuana for their personal use. It would also have permitted cities and counties to decide whether to regulate and tax the commercial production and sale of the drug, possibly creating a system of "wet" and "dry" counties for marijuana, similar to those that exist with alcohol laws.  With 97% of precincts reporting, the measure has been defeated, 46.2 percent to 53.8 percent.

Tomorrow, when they enter the polling booth, California voters will face a dizzying array of ballot initiatives, nine in all.   Among other things, voters must decide whether to suspend the state’s landmark global-warming law, whether to repeal three corporate tax breaks, whether to allow the Legislature to approve budgets with a simple majority instead of a two-thirds vote, and whether California will be the first state to legalize, regulate, and tax marijuana beyond medical use.

Idaho Supreme Court Chief Justice Daniel T. Eismann can attest to the success of the drug courts in his state. As a former drug court judge, he knows full well why the legislature continues to support the problem-solving courts even in tough fiscal times.

E-Newsletter Issue #53: August 5, 2010

Kentucky pharmacies filled nearly 700,000 prescriptions written by prescribers in its seven border states last year.

That doesn’t even count the prescriptions written in nonborder states, including more than 9,000 written in Michigan, according to Dave Hopkins, project manager for the state’s prescription drug database, the Kentucky All-Schedule Prescription Electronic Reporting, or KASPER.

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