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'Hoodie' bill passed by House

A young man wearing a hooded top on cold day as he walks past a garage forecourt in London, March 20, 2007.

MP's passed a law giving Police powers to confiscate hoodies, disperse groups hanging out and conduct longer stop and searches.

The Criminal Code Amendment Act 2010 will also give Police powers to remove teenagers under 17 who are in known "hang out" areas after 9 p.m. without their parents, and send them home for their own safety.

Officers will have the right to seize any clothes which conceal people's identity in public places, such as a hooded top or face scarf, even if the suspect is not wearing the item at the time. Anyone refusing to hand over the offending item faces a fine of up to $2,500.

Junior Justice Minister Michael Scott told the House yesterday that the legislation was aimed at "reducing the escalation of gang-relations violence and anti-social behaviour".

"Mr. Speaker, during the last several months, our community has witnessed the emergence and increase in type of criminal behaviour heretofore unknown in our community. Graphic and emotional scenes of bloodshed and grief have been associated with violent criminal activities of individuals and groups of persons both male and female, physical assault, armed robbery and shockingly murder.

"The peaceful sanctity of our Island home which we have enjoyed and have marketed worldwide for many years under the banner of tourism has been shattered.

"As a community, our public and private outcry appears to have had minimal effect on the violators of this peace as the shootings and bold attempts to add to the grim statistics have continued."

During the debate, Government backbencher Ashfield DeVent said he supported the bill.

"It's almost sad to realise that we have to consider this type of legislation. Ten years ago, 15 years ago we weren't considering this legislation.

"At the end of the day Mr. Speaker, black parents of young black males in this country have to come to the wicket. We can make a million rules up. We can give the police all the powers in the world but if little Johnny doesn't understand that there are rules in the world and if he breaks them, there are consequences.

"Black parents particularly of young black males, you have to be prepared to set standards and make children aware that there are consequences."

Deputy Opposition Leader Trevor Moniz also supported the legislation but spoke about the powers being used in the wrong way.

"If these powers were issued unwisely, they could end up creating more problem then they solved. When you give Government these sort of powers, you have to look at how they are exercised. The Government spent too much time using this as political football saying 'we don't have control of the Police service'.

"That was false and we pointed that out. We support and we hope that this piece of legislation will be effective in addressing our problem."

Sean Crockwell of the Bermuda Democratic Alliance also voiced his support and said: "This is a good piece of legislation. We're glad to see that the Government is taking a small approach towards anti-social behaviour and gang violence in Bermuda. This should be another piece to compliment what already exists in the Police service."

Shadow Legislative MP John Barritt said the legislation was proactive and said it's what the Police are looking for.

"There was a time when if someone of my complexion proposed this, we were accused of trying to take people back to the plantation. It shows that times have changed.

"I looked at the act and I think the Public Order Act is a more reactive piece of legislation. I recognise this legislation is more proactive. They can go in and deal with situations.

"I suspect that this is the sort of legislative will that the Police are looking for. I think we're bound to say that we're going to support the Police and it's really going to be in their hands whether or not how successful it's going to be."

PLP MP's Randy Horton and Wayne Perinchief supported the legislation as did independent MP Darius Tucker.