Agenda Item 4.1
October 25, 2011
Robert H. Drummer, Senior Legislative Attorne Y
Bill 35-11, Offenses
Loitering or Prowling
Expedited Bill 35-11, Offenses - Loitering or Prowling
Established, sponsored by
Councilmembers Andrews and Leventhal, is scheduled to be introduced on October 25,2011. A
public hearing is tentatively scheduled for November 15 at 7:30 p.m.
Bill 35-11 would prohibit certain loitering and prowling, provide for certain defenses, and
provide enforcement procedures and penalties. Under the Bill, "loitering and prowling means to
remain in a public place or establishment at a time or in a manner not usual for law-abiding
persons under circumstances that warrant a justifiable and reasonable alarm or immediate
concern for the safety of persons or property in the vicinity." Councilmember Phil Andrews
explained the purpose of the Bill in an October 19 memorandum at ©5-6.
527 U.S. 41 (1999), the U.S. Supreme Court held that a Chicago
law prohibiting loitering in a public place together with a criminal street gang member was
impermissibly vague in violation of the Due Process Clause of the 14th Amendment to the U.S.
Constitution. However, the Chicago "gang congregation" ordinance struck down in
distinguishable from Bill 35-11.
Bill 35-11 is based upon the American Law Institute's Model Penal Code, §250.6. A
copy of the Model Penal Code, §250.6 is at ©7-8. Similar laws based upon the Model Penal
Code have been enacted in Georgia' and Florida.
The Supreme Court of Georgia upheld the
Georgia loitering law in
252 Ga. 267, 313 S.E.2d 678 (1984). The Supreme Court
of Florida upheld the Florida loitering law in
463 So.2d 205 (Fla. 1985). Despite
the 1999 Supreme Court decision in
convictions under both of these loitering laws were
subsequently upheld in
State of Florida,
951 So.2d 100 (Fla. App. 2007) and
241 Ga. App. 855, 528 S.E.2d 296 (2000).
This packet contains:
Legislative Request Report
October 19, 2011 Andrews Memorandum
Model Penal Code, §250.6