COUNCIL DELAYS BACKING BILL : FEINSTEIN ANTI-GANG ACT A TOUGH SELL.

Byline: Patrick McGreevy Daily News Staff Writer

U.S. Sen. Dianne Feinstein thought she would have an easy sell when she asked the Los Angeles City Council on Wednesday to endorse her legislation to toughen the penalties for street gang violence.

After all, Los Angeles is seen by many as the street gang capital of the country.

But what Feinstein got instead was a look at the philosophical differences dividing city officials over how to deal with the gang problem - differences that have made coming up with a unified strategy a struggle.

Council members on two committees holding a joint meeting on the Federal Gang Violence Act of 1997 ultimately delayed taking action after deadlocking on the bill.

Feinstein's legislation would double the sentence for any member of an organized criminal street gang who commits a federal crime; make it a federal offense to engage in two or more gang-related crimes, such as drive-by shootings and drug dealing; and would call for a minimum one-year jail sentence for anyone who recruits others into gangs.

Councilwoman Laura Chick, who chairs the council's Public Safety Committee, said the bill was an important step in improving government's ability to crack down on violent gangs.

``I unfortunately agree with the senator that we are in a crisis. We are in an emergency,'' Chick said.

However, Councilwoman Jackie Goldberg objected that the bill could result in long prison sentences for minors who might not be involved in criminal gang activity, while Councilman Mike Hernandez objected that it does not give enough emphasis to gang prevention and intervention efforts.

``You need to understand I had to watch TV on my living room floor because I'm afraid of drive-bys,'' Hernandez told the senator. ``This legislation doesn't go far enough for me.''

The committees postponed a vote for three weeks to also look at other legislation and to consider possible amendments to address the need for more prevention programs.

Councilman Mark Ridley-Thomas and four colleagues submitted a motion making support for the Feinstein bill conditioned on the federal government coming up with more funding for prevention and intervention programs.

Feinstein voiced frustration after the council panels delayed a vote, saying recent gang shootings in Los Angeles are evidence of the need for the legislation.

``My goodness, five people shot in two days ought to be a lesson,'' Feinstein said.

Council members heard supportive testimony from Loretta Thomas Davis, the mother of 17-year-old girl killed recently on an MTA bus when hit by a stray gang bullet.

``I have two younger children in my home and I am terrified for them and all the other children out there that can't live a normal, happy childhood,'' Davis said.