(1) If a law enforcement officer observes an individual whom the law enforcement officer reasonably believes to be a member of a criminal street gang engaging in gang loitering in the presence of one or more other individuals in a public place that is designated by a municipal or county legislative body as an area where gang loitering is prohibited under Section 11-48-104 and subject to the penalties under Section 76-9-805, the law enforcement officer shall: (a) inform the individual and all other individuals engaging in gang loitering with the individual in a group that the area in which the group is loitering by a group containing one or more criminal street gang members is prohibited; (b) order the individual to disperse and remove the individual from within sight and hearing of the location where the officer issues the order to disperse; and (c) inform the individuals that any individual in the group will be subject to being charged with a criminal offense and will also be subject to arrest if the individual fails to promptly obey the order to disperse. (2) The law enforcement officer under Subsection (1) shall also advise the individuals the law enforcement officer is directing to disperse that each of the individuals directed to disperse is subject to being charged with a criminal offense and will also be subject to arrest if the individual is again, within eight hours after the current order to disperse is made: (a) present in a public place with a group that includes one or more individuals a law enforcement officer reasonably believes to be a member of a criminal street gang; and (b) within sight or hearing of the location where the law enforcement officer is currently issuing the order to disperse. (3) This section does not affect or limit an individual's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States. (4) A sheriff or chief of police implementing this section shall: (a) issue a written directive to all agency employees that provides information on preventing the enforcement of this section against individuals who are engaged in constitutionally protected collective advocacy activities; (b) ensure that all law enforcement officers charged with enforcing this section successfully complete appropriate training on identification of gang members and criminal street gangs; and (c) ensure that any training described in this section complies with Title 63G, Chapter 22, State Training and Certification Requirements. Renumbered and Amended by Chapter 173, 2025 General Session
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