Chicago Sun-Times

Death penalty bill takes aim at gangs

April 16, 2001

BY DAVE MCKINNEY SUN-TIMES SPRINGFIELD BUREAU

SPRINGFIELD--At a time when Gov. Ryan has halted executions in Illinois, state lawmakers are poised to broaden the death penalty law in a bid to crack down on gang violence.

But the American Civil Liberties Union has characterized the effort as unconstitutional, and minority lawmakers worry low-income blacks and Hispanics will be unfairly targeted.

Legislation crafted by Rep. Susana Mendoza (D-Chicago) with the help of Mayor Daley's administration would make gang members who commit murder automatically eligible for the death penalty because of their gang status.

Her proposal also carries longer prison terms for those who commit gang-related gun crimes. Gang members charged with aggravated discharge of a firearm and aggravated battery with a firearm would face prison terms of no less than 10 years. That time would have to be served in full under her bill if the crime is related to gang activity.

"It's important we send a message to these gang members that we'll be tough on them. If they continue to prey on people in my district, there are legislators who'll see that they pay the consequences," Mendoza said.

Her bill, which had more than 60 co-sponsors, passed the House by a 77-31 margin in late March and now awaits action in the Senate. It was inspired by the January murder of 14-year-old Chicagoan Severo Enriquez, who had resisted efforts by a gang member to flash a sign before being fatally shot in the back five times.

Rep. David Miller (D-Dolton), who voted against the legislation, said he loathes gangs but thinks the plan discriminates against blacks and the poor. He also believes it could lead to someone having to face the death penalty even though they might not be directly responsible for murder.

"If you are affiliated with a gang member and if that gang member you're hanging out with goes and kills somebody, they can seek the death penalty on you? It's almost death by association," Miller said.

Both he and the ACLU contend the legislation is similar to Daley's gang-loitering ordinance, which was struck down by the U.S. Supreme Court because of its overly broad attempt to legislate against gangs.

ACLU lobbyist Mary Dixon said Mendoza's legislation should be put on hold pending a decision by a Ryan-appointed commission studying flaws in the death penalty system. The governor imposed a moratorium on the death penalty last year.

"It's troubling there could be any comfort in moving a death penalty bill during this historic year, particularly a bill that is so unconstitutional," Dixon said.

Mendoza, noting that many victims of gang shootings are also low-income minorities, said, "Voting against a bill of this nature would disproportionately, negatively affect minorities, the people who are being victimized by these gang-bangers."

-- Anonymous, April 17, 2001