BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
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7
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SB 473 (Block)
As Introduced February 21, 2013
Hearing date: April 23, 2013
Penal Code
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CRIMINAL STREET GANGS
HISTORY
Source: County of San Diego; County of Los Angeles; County of
Alameda
Prior Legislation: Proposition 35 of the November 2013 General
Election
SB 444 (Ackerman) - Ch. 482, Stats. 2005
Proposition 21 of the March 2000 Primary Election
Support: San Diego Sheriff; County of Los Angeles; Los Angeles
County District Attorney; Association for Los Angeles
Deputy Sheriffs; California Narcotics Officers'
Association; California Police Chiefs Association;
Child Abuse Prevention Center; County of San
Bernardino; Crime Victims United of California; Junior
League of San Diego; Junior Leagues of California; Los
Angeles County Probation Officers Union; Riverside
Sheriff's Association; Urban Counties Caucus;
California District Attorneys Association; California
State Sheriffs' Association
Opposition:California Attorneys for Criminal Justice; American
Civil Liberties Union (unless amended); Taxpayers for
Improving Public Safety
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KEY ISSUES
SHOULD PIMPING, PANDERING AND HUMAN TRAFFICKING BE ADDED TO THE
LIST OF CRIMES THAT ESTABLISH A "PATTERN OF CRIMINAL GANG
ACTIVITY" AS PART OF THE STATUTORY DEFINITION OF A CRIMINAL
STREET GANG?
(CONTINUED)
SHOULD HIGHER PENALTIES BE IMPOSED FOR HUMAN TRAFFICKING AND
PROSTITUTION-RELATED OFFENSES THAT OCCUR WITHIN 1,000 FEET OF A
SCHOOL?
PURPOSE
The purposes of this bill are to 1) add pimping, pandering and
human trafficking to the list of "predicate" crimes that
establish a "pattern of criminal gang" activity, which is an
essential part of the definition of a criminal street gang; and
2) set higher penalties for prostitution offenses that occur
within 1,000 feet of a school.
Existing law defines "criminal street gang" as any ongoing
organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more enumerated offenses,
having a common name or identifying sign or symbol, and whose
members engage in a pattern of gang activity. (Pen. Code §
186.22, subd. (f).)
Existing law provides that a pattern of criminal gang
activity can be established by a single prior offense and
the crime charged in the current prosecution. (People v.
Gardeley (1996) 14 Cal.4th 605, 625.)
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Existing law does not require that a person convicted of a
gang-related crime<1> be shown to be a member of a gang.
The defendant in a gang-related case need not have been
involved in the conduct establishing a pattern of gang
activity. (People v. Gardeley (1996) 14 Cal.4th 605,
621-622.)
Existing law provides that any person who actively participates
in a criminal street gang with knowledge that its members
engage in or have engaged in a pattern of criminal gang
activity and who promotes, furthers, or assists in any
felonious conduct by members of the gang, shall be punished by
imprisonment in the county jail for up to one year, or by 16
months, 2, or 3 years in state prison. (Pen. Code § 186.22,
subd. (a).)
Existing law provides that any person who is convicted of a
felony committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific
intent to promote, further, or assist in criminal conduct by
gang members, shall receive a sentence enhancement or special
gang penalty<2>, as specified immediately below. (Pen. Code §
186.22, subd. (b).)
The (minimum) enhancements (in addition to the prison term
for the underlying felony) are:
§ felony (other than specified) 2, 3, or 4 years
§ serious felony 5 years
§ violent felony 10 years
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<1> The term "gang-related" generally means any crime done for
the benefit of, at the direction of, or in association with a
gang, with the specific intent to promote criminal conduct by
gang members. (Pen. Code § 186.22, subd. (b).)
<2> An enhancement is a specific term or number of years added
to the standard sentence for a crime. A special penalty
provision is a separate sentencing scheme, not simply a term of
years added to the standard sentence
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§ home invasion robbery life, min. 15 years before
parole eligibility
§ carjacking life, min. 15 years
§ shooting from vehicle life, min. 15 years
§ extortion or witness intimidation life, min. 7 years
Existing law defines "pattern of criminal gang activity" as
the commission of two or more of enumerated "predicate"
offenses, provided at least one of the offenses occurred
after the effective date of the statute and the last of the
offenses occurred within three years after a prior offense,
and the offenses were committed on separate occasions, or by
two or more persons. (Pen. Code § 186.22, subd. (e).) These
offenses need not result in a conviction, although
prosecutors typically prove the pattern through prior
convictions, as proof of convictions is generally certain and
simple. Below is the list of predicate gang crimes:
(1) assault with a deadly weapon or by means of force
likely to produce great bodily injury;
(2) robbery;
(3) unlawful homicide or manslaughter;
(4) the sale, possession for sale, manufacture, et
cetera, of controlled substances;
(5) shooting at an inhabited dwelling or occupied motor
vehicle;
(6) discharging or permitting the discharge of a
firearm from a motor vehicle;
(7) arson;
(8) intimidation of witnesses and victims;
(9) grand theft, as specified;
(10)grand theft of any firearm, vehicle, trailer, or vessel;
(11)burglary;
(12)rape;
(13)looting, as defined;
(14)money laundering;
(15)kidnapping;
(16)mayhem;
(17)aggravated mayhem;
(18)torture, as specified;
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(19)felony extortion, as defined;
(20)felony vandalism, as defined;
(21)carjacking, as defined;
(22)the sale, delivery, or transfer of a firearm;
(23)possession of a pistol, revolver, or other firearm capable of
being concealed upon the person;
(24)threats to commit crimes resulting in death or great bodily
injury, as defined;
(25)theft and unlawful taking or driving of a vehicle;
(26)<3>felony theft of an access card or account information, as
defined;
(27)counterfeiting, designing, using, attempting to use an
access card, as defined;
(28)felony fraudulent use of an access card or account
information, as defined;
(29)identity theft, as defined and specified;
(30)wrongfully obtaining Department of Motor Vehicles
documentation, as defined;
(31)prohibited possession of a firearm in violation of Section
12021;
(32)carrying a concealed firearm, as specified;
(33)carrying a loaded firearm, as specified.
Existing law provides: "A pattern of gang activity may be shown
by the commission of one or more of the offenses enumerated in
paragraphs (26) to (30), inclusive, of subdivision (e), and the
commission of one or more of the offenses enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive of
subdivision (e). A pattern of gang activity cannot be
established solely by . . . offenses enumerated in paragraphs
(26) to (30), inclusive, of subdivision (e), alone. (Pen. Code
§ 186.22, subd. (j).)"
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<3> A pattern of gang activity cannot be established solely by
offenses enumerated in paragraphs (26) to (30). (Pen. Code §
186.22, subd. (j).)
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This bill adds the following crimes to the list of predicate
gang crimes that can be used to establish a pattern of gang
activity as part of the proof of the existence of a gang:
human trafficking;
pimping; and
pandering.
Human Trafficking
Existing law provides that any person who deprives or violates
the personal liberty of another is guilty of human trafficking
if the person specifically intends one of the following: 1) to
effect or maintain a specified felony prostitution related
offense; 2) commit extortion; 3) use a minor to produce or
distribute obscene material or child pornography; or 4) obtain
forced labor or services. (Pen. Code § 236.1, subd. (a)-(c).)
Human trafficking for forced or coerced labor or
services is punishable by a prison term of 5, 8 or 12 years
and a fine of up to $500,000. (Pen. Code § 236.1, subd.
(b).)
Human trafficking involving forced or coerced sex
trafficking, child pornography or extortion is punishable
by a prison term of 8, 14 or 20 years and a fine of up to
$500,000. (Pen. Code § 236.1, subd. (b).)
Existing law provides that if the person trafficked is a minor
and the crime involves a commercial sex act, as specified, the
offense is punishable as follows:
5, 8 or 12 years in prison and a fine of up to $500,000.
15-years-to-life and a fine of up to $500,000 if the
offense involved force, threats, coercion or deceit, as
specified. (Pen. Code § 236.1, subd. (c).)
Existing law includes these special rules applicable to human
trafficking of a minor:
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Whether or not a minor was caused, induced or persuaded
to engage in a commercial sex act depends on the totality
of circumstances, including the relationship between the
victim and the defendant.
Mistake of fact as to the age of the victim is not a
defense.
Consent by a minor to an act underlying a human
trafficking charge is not a defense. (Pen. Code § 236.1,
subd. (d)-(f)
Existing law provides for the following enhancements and special
fines in human trafficking cases:
The court may impose on the defendant an additional fine
of up to $1,000,000. (Pen. Code § 236.4, subd. (a).)
A defendant who inflicts great bodily injury on the
victim of human trafficking shall be punished by a
consecutive<4> prison term enhancement of 5, 7, or 10
years. (Pen. Code § 236.4, subd. (b).)
A defendant shall receive a consecutive prison enhancement
term of 5 years for each prior human trafficking
conviction.
Existing law provides that all fines imposed in trafficking
offenses shall be deposited into the Victim Witness Assistance
Fund, to be paid or granted as follows:
70% to public agencies and non-profits to provide direct
victim services.
30% to law enforcement and prosecutors in jurisdiction
where charges filed for prevention, witness protection and
rescue. (Pen. Code § 236.4, subd. (d).)
Existing law defines "unlawful deprivation of liberty" as
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<4> The prison terms for crimes and enhancements can be served
consecutively or concurrently. A concurrent term is served at
the same time as another term. Consecutive terms are served
serially and separately.
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sustained and substantial restriction of another's liberty
accomplished through fraud, deceit, coercion, violence, duress,
menace or a credible threat of injury to the victim or another
person. (Pen. Code § 186.22, subd. (d).)
Existing law provides that a victim of human trafficking may
bring a civil lawsuit for actual damages, compensatory damages,
punitive damages, injunctive relief, any combination of those,
or any other appropriate relief. (Civ. Code § 52.5.)
Pimping and Pandering and Related Offenses
Existing law defines pimping as deriving income from the
earnings of a prostitute, deriving income from a place of
prostitution, or receiving compensation for soliciting a
prostitute. Pimping is punishable by prison term of three, four
or six years and a fine of up to $10,000. Where the victim is a
minor under the age of 16, the prison term is three, six or
eight years. (Pen. Code § 266h, subds. (a)-(b).)
Existing law defines pandering as procuring another for
prostitution, inducing another to become a prostitute, procuring
another person to be placed in a house of prostitution,
persuading a person to remain in a house of prostitution,
procuring another for prostitution by fraud, duress or abuse of
authority, and commercial exchange for procurement. Pandering
is punishable by a prison term of three, four or six years and a
fine of up to $10,000. Where the victim is under the age of 16,
the crime is a punishable by a prison term of three, six or
eight years. (Pen. Code § 266i, subd. (a).)
Existing law provides that where the defendant is convicted of
pimping and pandering, the court may impose an additional fine
of up to $5,000. This fine shall be deposited in the
Victim-Witness Assistance Fund and granted to community-based
organizations that serve minor victims of human trafficking.
(Pen. Code § 266k, subds. (a) and (c).)
Existing law includes a number of related statutes concerning
the use of force, coercion, duress, enticement or inducement to
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bring a person into prostitution or related activities. These
include:
Procuring for prostitution against a person's will or by
false inducement. (Pen. Code § 266a - prison felony with a
maximum fine of $2,000.)
Use of force, threats or duress to compel another to
live with another "in an illicit relation." (Pen. Code §
266b - felony subject to § 1170, subd. (h).)
Inducing or compelling another person to engage in
sexual intercourse, sexual penetration, oral copulation or
sodomy by false representations that create fear. (Pen.
Code § 266b - alternate misdemeanor-felony, with a prison
term of two, three or four years.)
Receiving money or other valuable thing in exchange for
placing another person into a cohabitation arrangement.
(Pen. Code § 266d - felony.)
Paying for prostitution or to place another person in a
house of prostitution. (Pen. Code § 266e - prison felony.)
Receiving money or other valuable thing in exchange for
placing another person in custody for immoral purposes.
(Pen. Code § 266f - prison felony.)
Using force or intimidation to cause a person to place
his wife in a house of prostitution, or to leave her in a
house of prostitution. (Pen. Code § 266g - jail felony,
with a term of two, three or four years.)
Special Penalties or Enhancements for Crimes Committed at or
near a School
Existing law includes numerous misdemeanor crimes involving
prohibited entry or a school or improper conduct at a school.
(Pen. Code § 626 et seq.)
Existing law includes numerous enhancements or special penalty
provisions for crimes committed on or near schools or that pose
particular danger to children:
Selling or providing specified drugs to a minor on
school grounds: enhancement of 5, 7, or 9 years. (Health &
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Saf. Code § 11353.5.)
Manufacturing methamphetamine or PCP in a place where a
person under the age of 16- resides: enhancement of 2 years
and 5 years where great bodily injury occurs. (Health &
Saf. Code § 11379.7.)
Using minor for drug transactions involving
methamphetamine, PCP, LSD on grounds of a church, school,
playground, et cetera, (Health & Saf. Code § 11380.1.):
enhancement of 1 year (church, playground, et cetera); 2
years (school); 1, 2 or 3 years (minor used was four years
younger than the perpetrator).
Existing law includes the "Gun-Free School Zone Act," which
prohibits possession of a firearm on the grounds of a school or
within 1,000 feet of a school without the written permission of
the superintendent or his or her representative.<5> Penalties
are imposed pursuant to Section 1170, subdivision (h), such that
eligible defendants receive jail felony terms.
Possession on school grounds is a felony, with a term of
two, three or five years.
Possession within 1,000 feet of school grounds is a
felony, with a term of two, three or five years where the
defendants has a specified prior conviction, if the person
is prohibited from possessing a firearm, per se, or the
firearm is concealable on the person.
The crime is an alternate felony-misdemeanor, with a
felony term of two, three or five years, in other cases.
(Pen. Code § 626.9. subds. (a)-(f).)
This bill provides that where a defendant is convicted of human
trafficking, or any of a list of crimes related to prostitution
or specified forms sexual exploitation, and the crime occurred
within 1,000 feet of an elementary, vocation, junior high or
high school, the defendant shall receive a prison term sentence
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<5> Exceptions apply for otherwise lawful possession in a
private residence:
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enhancement of three years:
The enhancement applies if the crime was committed when
the school is open for classes or school-related
activities, or when minors are using the facility.
The bill "does not require physical presence on school
grounds or within 1,000 feet of school grounds."
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order issued by the Three-Judge Court three years
earlier to reduce the state's prison population to 137.5 percent
of design capacity. The State submitted in part that the, ". .
. population in the State's 33 prisons has been reduced by over
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24,000 inmates since October 2011 when public safety realignment
went into effect, by more than 36,000 inmates compared to the
2008 population . . . , and by nearly 42,000 inmates since 2006
. . . ." Plaintiffs, who opposed the state's motion, argue in
part that, "California prisons, which currently average 150% of
capacity, and reach as high as 185% of capacity at one prison,
continue to deliver health care that is constitutionally
deficient." In an order dated January 29, 2013, the federal
court granted the state a six-month extension to achieve the
137.5 % prisoner population cap by December 31st of this year.
In an order dated April 11, 2013, the Three-Judge Court denied
the state's motions, and ordered the state of California to
"immediately take all steps necessary to comply with this
Court's . . . Order . . . requiring defendants to reduce overall
prison population to 137.5% design capacity by December 31,
2013."
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unresolved. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error;
whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
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1. Need for This Bill
According to the author:
SB 473 adds pimping, pandering, and human trafficking
to the list of crimes used to enhance penalties for
persons affiliated with a criminal street gang. The
bill also creates a "safe school zone" by increasing
sentences for convictions of prostitution related
crimes that occur within 1,000 feet of a school. The
definition of a criminal street gang triggers enhanced
penalties and bail, affects probation and parole
conditions, augments law enforcement tools, and
affects the way the case is handled by all
stakeholders in the system.
Pimping, pandering, and human trafficking is
increasing at an alarming rate across the country as
well as in San Diego. Criminal street gangs have
embraced pimping, and human trafficking as a new
revenue booster; as it now rivals narcotic sales as a
major source of funding for many gangs. This crime
targets our most vulnerable youth, who are often
recruited within the walls of the schools they attend.
The Department of State's "Trafficking in Person
Report 2010" includes the United States in its
rankings for the first time in its 10 year history
showing the U.S. as a growing magnet for traffickers
to conduct their business. The Central Intelligence
Agency estimated that approximately 15,000 to 17,500
men, women and children are trafficked into the U.S.
every year, making the U.S. one of the top three
trafficking destinations along with Japan and
Australia. California, New York, Texas and Nevada are
the top destination states in the country.
States such as California, Florida, and New York are
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particularly vulnerable to human trafficking because
of factors such as: proximity to international
borders, number of ports and airports, significant
immigrant population, and large economy that includes
industries that attract forced labor.
2. Under Existing Law, a Defendant Who Commits Gang-Related Human
Trafficking or Pimping and Pandering is Subject to
Substantially Enhanced Sentences
Under existing law, once the existence of the gang is shown
through a pattern of predicate crimes, a defendant who commits
any crime at the direction of, in association with, or for the
benefit of a gang will receive substantially enhanced penalties.
Further, one need not be a gang member to receive gang
penalties. A non-gang member who commits a crime in association
with others who are gang members will receive a gang punishment,
as long as the crime promotes criminal conduct by gang members.
In order for this bill to actually affect gang
prosecutions, the bill would have to apply to an entity
with a name and identifying symbols that engages in human
trafficking or pimping and pandering, but not other
offenses listed as predicate gang crimes, such as robbery,
murder, burglary, rape, credible threats of death or
serious injury, possession of a concealable firearm, or any
of the 33 other predicate crimes. A person convicted of
human trafficking would often be convicted in that same
case of a predicate gang crime, such as kidnapping or
witness intimidation. As such, it may be unlikely that
this bill, when applied in practice, would result in a true
expansion of the gang laws or an increase in gang
prosecutions.
AS EXISTING LAW PROVIDES THAT A DEFENDANT WHO ENGAGES IN
GANG-RELATED HUMAN TRAFFICKING OR PIMPING AND PANDERING IS
SUBJECT TO AN ENHANCEMENT OF TWO, FOUR OR TEN YEARS, IN
ADDITION TO THE PENALTY FOR THE UNDERLYING CONVICTION OF
HUMAN TRAFFICKING, IS THIS BILL NECESSARY IN ORDER TO
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ADEQUATELY PROSECUTE AND PUNISH GANG MEMBERS FOR SUCH
CRIMES?
3. Expansion of Gang Statutes over Time - Predicate
Offenses
The California Street Terrorism Enforcement and Prevention Act
(STEP Act) was passed in 1988. The legislative findings as to
the purpose of the STEP Act stated: "[I]t is the right of every
person . . . to be secure and protected from fear, intimidation,
and physical harm caused by the activities of violent groups and
individuals." (Pen. Code § 186.21, italics added.)
Amendments increasing the predicate crimes and penalties have
been steadily added to this law. The original predicate
offenses included assault (Pen. Code § 245) robbery, unlawful
homicide or manslaughter, trafficking in controlled substances,
shooting at an inhabited vehicle (added in 1991), arson and
witness intimidation. Over this time, the offenses of grand
theft of a vehicle, grand theft exceeding $10,000, burglary,
rape, looting, money laundering, kidnapping, mayhem, torture,
felony extortion, felony vandalism and carjacking, firearm
trafficking and handgun possession, criminal threats (Pen Code §
422) and theft or taking of a vehicle. Proposition 21 (March
2000 primary election) greatly increased the enhancement imposed
where a defendant committed a felony for the benefit of a gang.
SB 444 (Ackerman), Chapter 482, Statutes of 2005, added access
card theft and related crimes to the predicate gang crimes list.
(A pattern of committing access card crimes cannot alone
establish the existence of a gang. The pattern must be shown by
access card crimes and commission of at least one other
predicate gang offense.)
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4. Prison Term Enhancement for Human Trafficking and Sexual
Exploitation Crimes Occurring on or near a School - Some
Offenses are Jail Felonies; Application of Provision stating
that Physical Presence on or near School need not be Proved
Vague and Ambiguous Laws are Unconstitutional
A vague term is unconstitutional because it fails to give
adequate notice to a defendant of what behavior is prohibited.
The California Supreme Court in People v. McCoy (2002) 27
Cal.4th 601, 634, has reiterated the rule:
A statute that either forbids or requires the
doing of an act in "terms so vague that men of
common intelligence must necessarily guess at its
meaning and differ as to its application violates
the first essential of due process of law."
(Connally v. General Const. Co. (1926) 269 U.S.
385, 391.) The basic premise of the
void-for-vagueness doctrine is that "[n]o one may
be required at peril of life, liberty or property
to speculate as to the meaning of penal statutes."
(Lanzetta v. New Jersey (1939) 306 U.S. 451,
453.)
Ambiguity as to how a Prison Term Enhancement Applies to a Crime
Punishable by a Felony Jail Sentence
The bill defines a new prison term sentence enhancement of three
years for defendants convicted of human trafficking,
prostitution and related sexual exploitation crimes that occur
within 1,000 feet of school grounds. However, some of the
underlying offenses to which the enhancement applies are subject
to the realignment jail felony term provisions in Penal Code
Section 1170, subdivision (h).
The specification of a prison term enhancement for crimes that
are punishable by a jail term sentence creates an inherent
ambiguity or conflict in the statute that would have to be
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interpreted by the courts. It could be argued that the
enhancement only applies if the defendant must be sentenced to
prison, regardless of whether the underlying is a jail felony.
Specified defendants are not eligible for a jail felony term,
including defendants convicted of serious, violent or sex
offense. It could be argued that the enhancement applies to any
defendant convicted of any qualifying crime, regardless of where
his or her term is served. That would essentially create a jail
term enhancement.
SHOULD THE BILL BE AMENDED TO CLARIFY HOW THE ENHANCEMENT FOR
CRIMES COMMITTED ON OR NEAR SCHOOL GROUNDS APPLIES TO SENTENCES
IMPOSED PURSUANT TO CRIMINAL JUSTICE REALIGNMENT?
Vagueness and Ambiguity Concerns: Physical Presence on or near
School Grounds not Required for the Enhancement to Apply
The bill states: "A violation of this section does not require
physical presence on school grounds or within 1,000 feet of
school grounds." This provision is arguably vague and
ambiguous. It appears likely that the provision concerning
physical presence is intended to state that the perpetrator need
not be within 1,000 feet of school grounds to be subject to this
enhancement.
However, the bill does not make this entirely clear. Perhaps
the bill could be amended to provide that the prosecution need
not prove that the defendant (the perpetrator or any principal
in the crime) was physically present on school grounds or within
1,000 feet of school grounds.
SHOULD THE BILL BE AMENDED TO CLARIFY THAT THE PROSECUTION NEED
NOT PROVE THAT THE DEFENDANT WAS ON OR NEAR SCHOOL GROUNDS?
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