Pledging to take aim at gang leaders and stamp out “the terrorists in our midst”, the Senate approved get-tough legislation aspiring to eliminate gang activity by the end of 2015.The Criminal Code Amendment Act 2012 also represents “the first time we seek to define, in law, an unlawful gang”, noted Government Senator and former Commissioner of Police Jonathan Smith, who presented the Bill.Provisions in the “strong and necessary Bill” have the power to “significantly affect the liberty of those who offend”, Sen Smith added.Based on Canadian anti-gang legislation, the Bill will not criminalise normal behaviour, he said, or threaten constitutional freedom, since its sentencing regime is by definition aimed at persons convicted of an offence.“Names, signs, symbols, frequent associations and activities related to the gang all factor into this equation,” the Junior National Security Minister told the Upper House.Such features will be considered by courts in a manner analogous to aggravating features taken into account for other crimes.A specific feature of the Bill is the targeting of “shot callers” who instruct others to commit gang crimes, Sen Smith continued.“Too often, the clever distance maintained by gang leaders from ground level operations frustrates the efforts of law enforcement.”A caveat to the Bill is its so-called “sunset clause”: its provisions are in place only to the end of 2015 — though they can be extended.The legislation, which the Senate approved, was backed by both One Bermuda Alliance and Independent Senators.OBA Deputy Leader Michael Dunkley observed it is “very punitive in nature — but obviously, I think all would agree it’s necessary in these times”.Sen Dunkley reckoned the past three years have seen “300 shootings, 70 or 80 people shot and 18 murders”.Questioning why such legislation had “taken so long”, Sen Dunkley said the community was becoming inured.“A week ago on Tuesday we had a gun discharged at Spanish Point. Ten years ago, that would have been talked about for days.”Sen Dunkley and Independent Senator Joan Dillas-Wright threw in support tempered, with a call for more “comprehensive” efforts.The Senate Vice President added that with children being recruited in schools, she was particularly pleased to see “those who direct others” being targeted.Fellow Independent Senator James Jardine also urged a closer examination of the roots of gangs, saying he looked forward to updates as a result of the report from last year’s parliamentary committee on crime.He called the Bill “very, very powerful” against gang members who have evaded conviction from a distance.OBA Senator Toni Daniels echoed calls for more curative measures, adding: “We would like to see a greater unification of social agencies and community groups.”Progressive Labour Party Senator Diallo Rabain said: “We are all aware that what police are doing is working.“Arrest are up, convictions are up, and crime statistics we get from police support that.”He questioned Opposition rhetoric that “the Island is living in fear”, at which Sen Dunkley threw in that “nine out of ten people, if asked if they felt safer, would say no”.Sen Rabain said the Island always hears about cutbacks to the Mirrors programme, but never “what’s going on”, with Mirrors shifting to a role in middle and primary schools.The PLP Hamilton South candidate pointed to initiatives such as Government’s Cross Ministry Intervention Team, and the Youth Empowerment Zone spearheaded by the charity Family Centre, as examples of a broader, comprehensive anti-crime efforts.“This legislation is welcome and it is needed. It will only enhance what’s already being done and what’s successful.”Pembroke West PLP candidate Vincent Ingham said the Bill “feels like a declaration on gang activity in this Country”.He acknowledged that it could be seen as compromising basic human rights, adding: “Those who would commit these crimes are getting bolder and holder in their actions, and the time has come to have a bolder response.”Gangsters believing they had alibis would “get a knock on their door”, Sen Ingham said.Referencing the elimination of Osama bin Laden as the head of the al Qaeda group, he said: “Our intent is very clear: to take on the leadership of the gangs.“And our intent is that, over the next two-plus years, these gangs will be dismantled, from the top down.”Attorney General Kim Wilson reviewed Government’s “steady progress” in anti-gang legislation, such as the Firearms Act and legislation tackling antisocial behaviour.Calling it “a sad say indeed that it’s come to this”, OBA Senator Michael Fahy next threw his support behind the Bill.“I hope this works,” the Shadow Environment and Housing Minister said. “I hope we’re not back here in two years.”Noting the “numerous changes across the criminal code over the years to deal with the issue of gang violence”, Junior Finance Minister David Burt said: “They are having an effect, and things are getting better. Is our community where it needs to be? I believe the answer is ‘No’.”With the community “crying out for peace”, Sen Burt said Government needed to give police the tools to go after the leadership of gangs.Decrying “terrorists in our midst”, Sen Burt said such elements were “terrorising the citizens of our community — and they must be dealt with accordingly”.In his final remarks, Sen Smith responded to Sen Dunkley’s question of why the legislation had taken so long.“This is the 25th amendment of the Criminal Code alone since 1999,” he said, “and the seventh since 2009”.He added: “The Opposition, since the Throne Speech last year, have not made a single recommendation with regard to the Criminal Code. But we as Government must lead.”Sen Smith added that he looked forward to the imminent release of police crime statistics over the next few days.The Bill, the “sunset clauses” of which will remain in effect through to the end of 2015, was then passed.